APHIS Prohibits or Restricts Certain Imports of Emerald Ash Borer Host Material from Infested Areas of Canada

(The emerald ash borer (Agrilus planipennis) is a destructive wood-boring insect that attacks ash trees (Fraxinus spp., including green ash, white ash, black ash, and several horticultural varieties of ash). The insect eventually kills healthy ash trees after it bores beneath their bark and disrupts their vascular tissues.)

APHIS is also requesting comments on the interim rule on or before July 31, 2007.

Highlights of Interim Rule Amendments

APHIS' interim rule makes following amendments to 7 CFR Part 319 (partial list):

Certain regulated ash nursery stock and trees prohibited. The interim rule amends 7 CFR 319.37-2 to list any ash nursery stock originating in areas in Canada regulated under the Canadian Ministry of Agriculture and the Canadian Food Inspection Agency's (CFIA's) EAB Infested Place Orders¹ as prohibited articles.

The interim rule also prohibits the importation into the U.S. of all ash trees, regardless of size, that originate in regions regulated by the CFIA under the EAB Infested Place Orders.

It has also amended the entry for articles of the genus Fraxinus in the table of prohibited articles in 7 CFR 319.37-2(a) to indicate these restrictions.

(APHIS states that prohibited articles may not be imported into the U.S. unless imported by the U.S. Department of Agriculture (USDA) for experimental or scientific purposes, or under specified safeguards.)

PPQ permit for certain non-regulated ash stock. APHIS is adding a new 7 CFR 319.37-3(a)(19) to require that ash nursery stock that originates in counties or municipal regional countiesnot regulated for EAB but which are within provinces or territories in Canada regulated for EAB may only be imported after issuance of a written import permit by the Plant Protection and Quarantine (PPQ) Programs (PPQ import permit).

Certain certificates, etc. required for hardwood firewood, ash logs and wood. The interim rule amends 7 CFR 319.40-5 to require that firewood of all hardwood (non-coniferous) species, and ash logs and wood, including cants and stumps, that originate in an EAB-regulated county within a province or territory regulated for EAB by the CFIA require a PPQ import permit and must be accompanied by a phytosanitary certificate with an additional declaration stating that the articles in the shipment were (1) debarked, and vascular cambium was removed to a depth of 1.27 cm (1/2 inch) during the debarking process, or (2) heat treated in accordance with 7 CFR 319.40-7(c). If articles were heat-treated, the method of treatment must be described in the treatment section of the certificate.

Firewood of all hardwood (non-coniferous) species, and ash logs and wood, including cants and stumps, that originate in a countynot regulated for EAB within a province or territory regulated for the EAB by the CFIA require a PPQ import permit and must be accompanied by a phytosanitary certificate with an additional declaration stating that the articles in the shipment were produced/harvested in a county where the EAB does not occur, based on official surveys.

Firewood of all hardwood (non-coniferous) species, and ash logs and wood, including cants and stumps, that originate in a province or territory that is not regulated for EAB by the CFIA must be accompanied by an importer document that certifies that the article did not originate in a province or territory known to be affected with EAB.

Prohibition of regulated ash wood, bark chips over 1" diameter. Ash wood chips or bark chips larger than 1" (2.54 cm) in diameter in any two dimensions that originate in an EAB-regulated county within a province or territory that is regulated for EAB by the CFIA are prohibited importation into the U.S.

Certificate required for regulated ash wood, bark chips under 1" diameter. Ash wood chips or bark chips 1" (2.54 cm) or less in diameter that originate in an EAB-regulated county within a province or territory that is regulated for EAB by the CFIA require a PPQ import permit and must be accompanied by a phytosanitary certificate with an additional declaration stating that the wood or bark chips in the shipment were ground to 1" (2.54 cm) or less in diameter in any two dimensions.

Certain non-regulated ash wood, bark chips require certificate, etc. Ash wood chips or bark chips that originate in a countynot regulated for EAB within a province or territory regulated for EAB by the CFIA require a PPQ import permit and must be accompanied by a certificate with an additional declaration stating that the articles in the shipment were produced/harvested in a county where the EAB does not occur, based on official surveys.

Ash wood chips or bark chips that originate in a province or territory that is not regulated for EAB by the CFIA must be accompanied by an importer document that certifies that the article did not originate in a province or territory known to be affected by EAB.

Non-regulated articles may not transit through regulated areas, etc. The interim rule amends 7 CFR 319.40-5(n) to state that articles being moved through Canada from counties not regulated for EAB may not transit an EAB-regulated area in Canada en route to the U.S. unless they are moved directly through the regulated area without stopping (except for refueling or for traffic conditions, such as traffic lights or stop signs).

If these articles are being moved through the EAB-regulated area in Canada May 1-August 31 or when the ambient air temperature is 40F or higher, they must be in an enclosed vehicle or completely covered to prevent access by the EAB.

¹Infested Place Orders are the means by which the CFIA regulates EAB-infested areas within Canada.

-comments must be received on or before July 31, 2007

APHIS Contact - Hesham Abuelnaga (301) 734-6334

APHIS interim rule (D/N APHIS-2006-0125, FR Pub 06/01/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-10562.pdf