APHIS Final Rule Amends Gypsy Moth Regulations on Bark, Bark Products from Canada, Etc.

APHIS states that the gypsy moth (Lymantria dispar (Linnaeus)) is an introduced, highly destructive pest of trees that, during its caterpillar stage, poses a serious threat to hundreds of species of trees and shrubs. APHIS has previously noted that because eradication efforts have been largely unsuccessful, Federal and State regulations focus on limiting the artificial spread of this insect.

APHIS' final rule amends certain regulations in 7 CFR Parts 301 (Domestic Quarantine Notices) and 319 (Foreign Quarantine Notices) as follows (partial list):

Addition of Bark, Bark Products to List of Regulated Articles from Canada, Etc.

APHIS is amending its regulations on Gypsy Moth Host Materials from Canada (Canada Gypsy Moth regulations) in order to list bark and bark products as a regulated article in 7 CFR 319.77-2 (Regulated articles).

Conditions for Importing Bark, Bark Products from Canada

APHIS is amending its Canada Gypsy Moth regulations at 7 CFR 319.77-4 (Conditions for the importation of regulated articles) in order to indicate that:

Destined for U.S. infested area, etc. Bark and bark products that are destined for a U.S. infested area and that will not be moved through any U.S. noninfested area (except for certain listed Maine counties) may be imported from any area of Canada without restriction under this subpart.

Destined for U.S. non-infested area, etc. Bark and bark products that are destined for a U.S. noninfested area or will be moved through a U.S. noninfested area may be imported into the U.S. from Canada only under the following conditions:

(i) If the bark or bark products originated in a Canadian infested area, they must be either:

(A) Accompanied by an officially endorsed Canadian phytosanitary certificate that includes an additional declaration confirming that they have been inspected and found free of gypsy moth or that they have been treated for gypsy moth in accordance with Part 305; or

(B) Destined for a specified U.S. processing plant or mill under compliance agreement with APHIS for specified handling or processing.

(ii) If the bark or bark products originated in a Canadian noninfested area, they must be accompanied by a certification of origin stating that they were produced in an area of Canada where gypsy moth is not known to occur.

(Bark and bark products from Canada are also subject to the Logs, Lumber, and Other Unmanufactured Wood Articles regulations at 7 CFR 319.40-1 through 319.40-11.)

Domestic Restrictions on Wood Chips Removed; Domestic Restrictions on Bark, Bark Products Added

APHIS' final rule also amends its Domestic Gypsy Moth regulations at 7 CFR 301.45 in order to remove certain domestic restrictions on wood chips and add such domestic restrictions on bark and bark products, as follows:

"Wood chips" deleted from definition of "regulated articles," "bark and bark products" added. With regard to 7 CFR 301.45-1, APHIS' final rule amends the definition of "regulated articles" by removing the words "wood chips" and adding the words "bark and bark products" in their place.

Definition of "wood chips" deleted, definitions of "bark" and "bark products" added. The final rule also removes the definition of "wood chips" from 7 CFR 301.45-1 and adds definitions for "bark" and "bark products". Bark is defined as the tough outer covering of the woody stems of trees, shrubs, and other woody plants as distinguished from the cambium and inner wood. Bark products are defined as products containing pieces of bark including bark chips, bark nuggets, bark mulch, and bark compost.

(According to the final rule's preamble and APHIS sources, bark products include bagged mulch and soils if they contain bark, as well as wood chips that are contaminated with bark. APHIS sources add that its domestic definitions of bark and bark products also apply to bark and bark products from Canada.

The preamble also states that 7 CFR 301.45-5(a)(4) provides that a certificate may be issued for interstate movement of a regulated article if it has, among other things, been handled in such a manner that no infestation would be transmitted thereby, as determined by an inspector. The preamble specifies that one means by which bark may qualify for a certificate under these provisions is composting according to the method described in Appendix N of the Gypsy Moth Program Manual.)

Extension of period during which regulated articles must be safeguarded in infested areas. In addition, APHIS is amending 7 CFR 301.45-4 in order to extend by two months the period during which regulated articles originating outside of any generally infested areas must be safeguarded from infestation in order to be eligible (if certain other conditions are met) for interstate movement directly through any generally infested area without a certificate or permit. Under the final rule, this safeguard period now extends from April to August (rather than April to June).

(See ITT's Online Archives or 06/02/03 news, 03060230, for BP summary of the proposed rule. See ITT's Online Archives or 03/30/06 news, 06033020, for BP summary of APHIS' 2006 information on vessels potentially affected by Asian gypsy moth egg laying in Far Eastern Russia and Japan.)

APHIS Contact - Weyman Fussell (301) 734-5705

APHIS Final Rule (D/N 00-067-2, FR Pub 07/19/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-11431.pdf

APHIS correction to Final Rule (FR Pub 07/25/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/Z6-11431.pdf.