DEPARTMENT OF AGRICULTURE
Repeal of Quarantine; Emerald Ash Borer
[41 Pa.B. 1025]
[Saturday, February 26, 2011]
A. Emerald Ash Borer (EAB), Agrilus planipennis (Fairemaire)—a beetle indigenous to Asia—is a serious plant pest that attacks and kills ash trees belonging to the genus Fraxinus. EAB has worked its way east from Michigan, where it was first detected in 2002.
B. EAB has killed countless millions of ash trees during the short time it has been present in North America. Typically, trees are killed within 3 years of the initial attack by this beetle. EAB presents a clear threat to this Commonwealth's forest and horticultural resources.
C. The Plant Pest Act (act) (3 P. S. §§ 258.1—258.27) empowers the Department of Agriculture (Department) to take various measures to detect, contain and eradicate plant pests. These powers include the authority to establish quarantines to prevent the spread of plant pests within this Commonwealth.
D. Since 2007, the Department has issued a series of EAB-related Orders of Quarantine. The initial Order pertained only to Allegheny, Beaver, Butler and Lawrence Counties. As EAB spread eastward to other counties within this Commonwealth, the Department issued eight additional Orders, adding counties to the quarantined area and imposing restrictions on the movement of ash wood and other articles from this quarantined area. Although these Orders may have helped delay the spread of EAB, they did not prevent it. Of this Commonwealth's 67 counties, 43 are currently subject to the EAB-related Orders of Quarantine. Although EAB is not yet known to be present in the remaining counties that are not currently subject to an Order of Quarantine, EAB is currently deemed sufficiently pervasive within this Commonwealth that the restrictions imposed by the referenced Orders no longer serve a productive purpose.
E. The Department believes it is appropriate to rescind the series of EAB-related Orders of Quarantine it has issued.
Under authority of section 21 of the act (3 P. S. § 258.21), and with the Recitals previously listed incorporated into this Order by reference, the Department orders the following:
1. Repeal of Quarantine. The following Orders of Quarantine are hereby repealed, and all restrictions, requirements or conditions imposed by these Orders are hereby rescinded:
a. The Order of Quarantine of June 27, 2007, published at 37 Pa.B. 3267 (July 14, 2007).
b. The Order of Quarantine of June 27, 2008, published at 38 Pa.B. 3824 (July 12, 2008).
c. The Order of Quarantine of March 1, 2009, published at 39 Pa.B. 1307 (March 14, 2009).
d. The Order of Quarantine of June 10, 2009, published at 39 Pa.B. 3069 (June 20, 2009).
e. The Order of Quarantine of July 15, 2009, published at 39 Pa.B. 4778 (August 8, 2009).
f. The Order of Quarantine of July 24, 2009, published at 39 Pa.B. 5028 (August 22, 2009).
g. The Order of Quarantine of October 27, 2009, published at 39 Pa.B. 6551 (November 14, 2009).
h. The Order of Quarantine of May 17, 2010, published at 40 Pa.B. 2774 (May 29, 2010).
i. The Order of Quarantine of August 1, 2010, published at 40 Pa.B. 4764 (August 21, 2010).
2. Effective Date. This repeal of quarantine is effective as of April 15, 2011.
[Pa.B. Doc. No. 11-330. Filed for public inspection February 25, 2011, 9:00 a.m.]
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