Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 5. Quarantines Pine Shoot Beetle Quarantine 4 TAC sec.sec.5.51-5.59 The Texas Department of Agriculture (the department) adopts on an emergency basis, new sec.sec.5.51-5.59, concerning the establishment of a pine shoot beetle quarantine for the State of Texas. The department is acting upon requests from Christmas tree growers, nurserymen, and the forest industry of this state. This section is necessary on an emergency basis to prevent the spread of the pine shoot beetle, a highly destructive pest of pine trees and other conifers. The Pine Shoot Beetle, Tomicus piniperda (Linnaeus), was identified from a Christmas tree farm near Lorain County, Ohio, in July of 1992. Subsequent surveys by the United States Department of Agriculture (USDA) have located the pest in six states bordering the Great Lakes Region and the USDA has established a federal quarantine made up of this area. The pine shoot beetle is a highly destructive pest of pine trees and other conifers. Many species of pine can serve as host for any life stage of this pest, but scotch pine is preferred. Spruce, larch, and fir trees sometimes serve as breeding and reproduction sites. The pine shoot beetle breeds in felled logs and in standing trees weakened by fire, disease, or prior attack by defoliating insects. Adults usually overwinter in hollowed-out pine shoots. In spring, they emerge and select sites for breeding and reproduction, causing damage in the dying trees and recently cut logs where reproduction and immature stages occur. Healthy trees are also at risk, when pest population densities are high. After the larval stage, which is spent in feeding galleries under the bark, the new adults emerge from the bark and begin "maturation feeding." Maturation feeding takes the form of boring up the center of the pine shoots, and causes stunted and distorted growth in host trees. In addition to causing serious damage to the growth of healthy trees, as well as weak and dying trees, the pine shoot beetle is also an important vector of several diseases of pine, spruce, larch, and fir trees. Once established in an area, the pine shoot beetle has a great potential to spread. Adults can fly at least one kilometer, and wood, nursery stock, and Christmas trees they infest are often transported long distances. The pine shoot beetle has not been trapped, surveyed, or detected within the interior of Texas. If permitted to enter the state, the common pine shoot beetle could become an established pest causing severe economic damage to the timber, Christmas tree, and nursery industries of this state. The department has determined that a public emergency exists in which there is a likelihood of the introduction or dissemination of an insect pest that is dangerous to the interest of horticulture and agriculture of this state. The immediate application of this quarantine will prevent the artificial movement of this serious economic pest into Texas. Further, to prevent the contamination of the forest, Christmas tree, and ornamental horticulture industries in Texas, it has been determined that the adoption of this quarantine is immediately necessary to avert a public menace. The new sections establish the pine shoot beetle quarantine, provide definitions for use in the new sections, provide the purpose of the quarantine, establish regulated areas, and provide for regulated articles and conditions of movement of such regulated articles. The new sections are adopted on an emergency basis under the Texas Agriculture Code, sec.71.001, which provides the department with the authority to establish a quarantine against out-of-state diseases and pests; sec.71.007, which provides the department with the authority to adopt rules necessary for the protection of agricultural and horticultural interests, including rules that prevent the selling, moving, or transporting of any plant, plant product, or substance found to be from a quarantined area; and sec.71.004, which gives the Texas Department of Agriculture the authority to establish a quarantine on an emergency basis, without notice and comment for a period of 30 days. sec.5.51. Quarantined Pest.
    The quarantined pest is the Pine Shoot Beetle, Tomicus piniperda
      . sec.5.52. Definitions. The following words and terms, when used in this undesignated head, shall have the following meanings, unless the context clearly indicates otherwise. Certificate-A document issued or authorized to be issued by the Commissioner to allow the movement of regulated articles to any destination. Commissioner-The duly elected or appointed commissioner of the Texas Department of Agriculture or the commissioner's designee. Infestation-The presence of the pine shoot beetle or the existence of circumstances that make it reasonable to believe that the pine shoot beetle is present. Moved-(Move, Movement) Shipped, offered for shipment received for transportation, transported, carried, or allowed to be moved or shipped. Person-Any individual, partnership, corporation, company, society, association, or other organized group. sec.5.53. Declaration of Quarantine. Under the authority of the Texas Agriculture Code, sec.71.004, a quarantine is hereby established prohibiting the movement of regulated articles capable of transporting the insect pest known as the common pine shoot beetle, Tomicus piniperda
        (L.) into the State of Texas from locations designated as regulated areas, unless such articles comply with the conditions specified herein. sec.5.54. Purpose of the Quarantine. The purpose of this quarantine is to prevent the introduction of the common pine shoot beetle, Tomicus piniperda
          (L.) into the State of Texas. sec.5.55. Regulated Areas. (a) The following counties in the state listed are hereby considered regulated areas because of the presence of Tomicus piniperda
            (L.): (1) Illinois-Kane County; (2) Indiana-Allen, Elkhart, Fulton, Jasper, LaGrange, Lake, LaPorte, Marshall, Noble, Porter, Pulaski, St. Joseph, Starke, and Steuben Counties; (3) Michigan-Monroe, Berrien, and Cass Counties; (4) New York-Erie and Niagara Counties; (5) Ohio-Ashland, Ashtabula, Cuyahoga, Geauga, Huron, Lake, Lorain, Mahoning, Medina, Portage, Richland, Summit, Trumbull, and Wayne Counties; (6) Pennsylvania-Crawford, Erie, and Lawrence Counties. (b) Any other county in the United States where the presence of the pine shoot beetle Tomicus piniperda
              (L.) is confirmed is also considered a regulated area for purposes of this quarantine. sec.5.56. Regulated Articles.
                The following are designated as regulated articles: (1) the pine shoot beetle Tomicus piniperda
                  (L.) in any living stage of development; (2) plants of the genus Pinus spp. whether balled and burlapped or cut live for use as Christmas trees; (3) ornamental foliage from the genus Pinus spp; (4) timber from the genus Pinus spp. with bark intact. sec.5.57. Conditions of Movement of Regulated Articles.
                    The following regulated articles may be moved into the State of Texas from any regulated area, only in accordance with the following conditions: (1) the common pine shoot beetle (in any living state of development). Before the common pine shoot beetle (in any living state of development) is allowed entry into Texas a permit must be obtained from the Commissioner. Such permit shall be issued only after it has been determined that the insects are being used for scientific purposes subject to specified safeguards. (2) live plants and cut Christmas trees of the genera Pinus
                      , Abies
                        , and Picea
                          or the foliage from such plants. A certificate from the state of origin, prepared by either a federal or state plant protection official, must be securely attached in a conspicuous location to each article or load of articles to a single destination, and to the bill of lading, indicating that each article in the shipment was carefully inspected by a duly authorized inspector, and that no live state of the common pine shoot beetle, Tomicus piniperda
                            (L.), is present in or on any of the regulated articles; (3) timber products with bark attached, including logs and stumps, from the genera Pinus
                              , Abies
                                , and Picea
                                  . A certificate from the state of origin, prepared by either a federal or state plant protection official, must be securely attached in a conspicuous location to each article or load of articles to a single destination, and to the bill of lading indicating that each article in the shipment was fumigated with methyl bromide in accordance with USDA treatment schedules. sec.5.58. Quarantine duration.
                                    This quarantine shall be in effect immediately upon its filing with the Office of the Secretary of State in accordance with Texas Civil Statutes, Article 6252-13a, sec.5 is in effect for the time provided by law. sec.5.59. Enforcement. In addition to any other enforcement action allowed by the Texas Agriculture Code, Chapter 71, Subchapter A, any quarantined articles found to be imported or shipped into the State of Texas in violation of this quarantine are subject to stop sale, return to point of origin, or destruction at the discretion of the Commissioner. Issued in Austin, Texas, on November 24, 1992. TRD-9215777 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: November 24, 1992 Expiration date: December 24, 1992 For further information, please call: (512) 463-7583