2VAC5-325 Regulations Governing Pine Shoot Beetle

REGULATIONS

Vol. 27 Iss. 6 - November 22, 2010

TITLE 2. AGRICULTURE

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Chapter 325

Final Regulation

REGISTRAR'S NOTICE: The Department of Agriculture and Consumer Services is claiming an exemption from the Administrative Process Act in promulgating 2VAC5-325, Regulations Governing Pine Shoot Beetle. This regulation is promulgated pursuant to § 3.2-703 of the Code of Virginia, which provides authority for the Board of Agriculture and Consumer Services to quarantine this Commonwealth or any portion thereof when it determines that such action is necessary to prevent or retard the spread of a pest into, within, or from this Commonwealth.

Title of Regulation: 2VAC5-325. Regulations Governing Pine Shoot Beetle (amending 2VAC5-325-30).

Statutory Authority: §§ 3.2-701 and 3.2-703 of the Code of Virginia.

Effective Date: November 5, 2010.

Agency Contact: Larry Nichols, Program Manager, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Summary:

By authority granted under § 3.2-703 of the Code of Virginia, the Commissioner of Agriculture and Consumer Services has extended the area regulated under the Regulations Governing Pine Shoot Beetle due to the detection of adult Pine Shoot Beetle in Loudoun County. The amendment will add the county of Loudoun to the Regulations Governing Pine Shoot Beetle to delay the long distance (artificial) spread of the pine shoot beetle from infested areas to noninfested areas.

The quarantine restricts the movement of regulated articles, as defined in 2VAC5-325-20, from regulated localities to nonregulated localities. The regulated articles include pine products that pose a significant risk of transporting the pine shoot beetle, such as bark nuggets (including bark chips), Christmas trees, logs with bark attached, lumber with bark attached, nursery stock, raw pine material for wreaths and garland, and stumps. Regulated articles may move freely within the regulated areas.

2VAC5-325-30. Regulated areas.

The following areas in Virginia:

The entire county counties of:

Clarke

Loudoun

VA.R. Doc. No. R11-2629; Filed November 5, 2010, 3:43 p.m.