Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2006‑408.

Submit comments by February 16, 2007 to

Carl P. Schulze Jr., Director
Division of Plant Industry
N. J. Department of Agriculture
PO Box 330
Trenton, New Jersey 08625‑0330
Phone:  (609) 292-5540

Summary

The New Jersey Department of Agriculture is proposing to expand the existing Pine Shoot beetle quarantine area in Bergen, Hunterdon, Passaic, Sussex and Warren Counties to include Morris and Somerset Counties due to the emergence of the pine shoot beetle, Tomicus piniperda, in these areas.  This proposed amendment is in response to additional finds of the pine shoot beetle, Tomicus piniperda, in Morris and Somerset Counties in New Jersey in 2006.  Infestation by this beetle can cause severe decline in the health of certain species of pine trees.  Scots pine and Red pine in particular may be killed when high populations exist.  Adult beetles may also breed in spruce, fir, and larch logs that occur in stands mixed with pine.  New Jersey’s native pines, eastern white pine (Pinus strobus) and pitch pine, (Pinus rigida) are susceptible to aesthetic damage due to shoot feeding, but are not preferred hosts of the beetle.  The beetles are often carriers of various species of blue stain fungi that greatly diminish the quality of lumber and other forest products.

The pine shoot beetle (Tomicus piniperda L.) is indigenous to Europe.  It was first discovered in the United States at a Christmas tree farm near Cleveland, Ohio, in July 1992.  The insect pest spreads naturally approximately 30 miles per year, and has been detected in all or parts of Minnesota, Wisconsin, Illinois, Indiana, Maryland, Maine, Michigan, New Hampshire, New York, Pennsylvania, Ohio, Vermont, and West Virginia.  The pine shoot beetle, previously not known to be present, was found in Bergen, Hunterdon, Passaic, Sussex and Warren Counties in New Jersey in October 2005.   The existing and proposed quarantine areas attempt to limit the long distance spread of this insect pest, to delay and reduce aesthetic damage to New Jersey’s forests, and reduce or prevent economic damage to New Jersey’s Christmas tree farms, pine plantations and nurseries, as well as to the lumber and forest products industries in the Southeastern United States. 

Long distance spread of pine shoot beetle is a result of human activity, primarily through the interstate shipment of infested lumber, cut Christmas trees or pine nursery stock. The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) maintains a Federal quarantine, 7 CFR §301.50, to prevent long distance spread of the pine shoot beetle from known infested areas.  States infested with the pine shoot beetle must enact parallel state quarantines of the affected areas of the state that are equivalent to the Federal quarantine requirements under 7 CFR §301.50; otherwise, APHIS will quarantine the entire State.  The proposed expansion of the quarantine area is necessary in order to avoid a full State quarantine.

An amendment is being proposed to N.J.A.C. 2:20-9.6, which describes the area(s) in New Jersey under quarantine to add Morris county and Somerset county to the list of counties under quarantine.  No other amendments are proposed to this subchapter at this time.  This amendment is necessary due to new findings of the Pine Shoot beetle in those counties.  

As the Department has provided a 60-day comment period on this notice of proposal, this notice is exempted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The social impact of the proposed amendment will affect property owners and inhabitants in new affected areas, along with municipal and county shade tree commissions, Christmas tree growers and nurserymen conducting business within New Jersey.  Pine shoot beetle can cause severe decline in the health of the trees in certain species of pine, Scots pine and Red pine in particular, and in some cases, kill trees when high populations exist, which reduces property values, and results in property owners having to pay for the removal of dead tree hazards.  New Jersey’s native pines, eastern white pine (Pinus strobus) and pitch pine, (Pinus rigida), while not preferred hosts, are susceptible to the beetle, when high beetle populations exist.  Damage to pine forest trees in public and private forest lands could occur reducing species diversity, jeopardizing the health and vitality of the ecosystem, and causing losses to the aesthetics of our woodlands that cannot be easily measured.

Economic Impact

The proposed amendment will affect Christmas tree growers, garden centers and nurserymen conducting business within New Jersey.  Pine shoot beetle can be easily managed in Christmas tree farms and nurseries through good sanitation practices and pest management; culled trees and other potential brood material can be piled and burned, or chipped prior to beetle emergence in late spring.  Susceptible trees can be treated with the application of routine cover sprays during shoot feeding to protect against feeding damage.  The Department believes that the costs associated with good sanitation practices and pest management are no greater than the normal costs of doing business.

Nurseries or garden centers within the existing and proposed quarantine areas are prohibited from shipping regulated articles outside the quarantine area without a certificate issued by the Department or USDA APHIS.  There are approximately eight new Christmas tree growers within the proposed quarantine area, bringing the total number of affected Christmas tree growers to 48 total growers.  All are primarily retail operations and none ship commercial lots outside the quarantine area. There are approximately 254 additional plant dealers and 98 additional nurserymen conducting business within the proposed quarantine expansion area. Among these businesses, approximately 10 additional nurserymen within the proposed quarantine area ship pine nursery stock to locations outside of the proposed quarantine area.  Therefore, the expanded quarantine area as proposed will affect a total of 530 plant dealers and 255 nurserymen. 

Inspections and limited permits will be provided to qualified shippers by USDA APHIS at no charge during normal work hours; the Department would charge phytosanitary inspection fees of $20.00 or $50.00 for each shipment according to the schedule at N.J.A.C. 2:18-1. The costs of compliance with this proposed amendment are expected to be minimal.  By contrast, the cost of allowing this pest to remain unchecked could be devastating to the lumber and nursery industry, particularly in the southern United States.

This proposed amendment seeks to limit the long distance spread of this insect pest, to delay and reduce aesthetic damage to New Jersey’s forests, and reduce or prevent economic damage to New Jersey’s Christmas tree farms, pine plantations and nurseries; and to the lumber and forest products industries in the Southeastern United States.

Federal Standards Statement
Executive Order No. 27 (1994) and P.L. 1995, c. 65 require State agencies which adopt, readopt or amend State regulations that exceed any Federal standards or requirements to include in the rulemaking document a comparison with Federal law.  The United States Animal and Plant Health Inspection Service (APHIS) has promulgated rules at 7 CFR §301.50, Pine Shoot Beetle Quarantine, to prevent the spread of pine shoot beetle from known infested areas.

The proposed amendment to N.J.A.C. 2:20-9 does not exceed the requirements imposed by Federal law at 7 CFR §301.50 (Pine Shoot Beetle quarantine) and at 7 U.S.C. 7701 et seq. (Plant Protection Act), because it only expands the quarantine area and does not amend any other provision of the existing rules.

Jobs Impact
The proposed amendment is not expected to result in the generation or loss of jobs in the State.

Agriculture Industry Impact

The proposed amendment will affect Christmas tree farms, garden centers and nurserymen conducting business within New Jersey.  Nurseries or garden centers within the existing and proposed quarantine area will be prohibited from shipping regulated articles outside the quarantine area without a certificate issued by the Department or a limited permit issued by USDA APHIS.  Pine shoot beetles can be easily managed in Christmas tree farms and nurseries through good sanitation practices and pest management; culled trees and other potential brood material can be piled and burned, or chipped prior to beetle emergence in late spring.  Susceptible trees can be treated with the application of routine cover sprays during shoot feeding to protect against feeding damage.  The Department believes that the costs associated with good sanitation practices and pest management are no greater than the normal costs of doing business.  The services of a licensed pesticide applicator are likely to be needed to comply with these rules; however most Christmas tree farms and nurseries either have a licensed pesticide applicator on site or employ a commercial firm for normal pest and disease control.

There are approximately eight new Christmas tree growers within the proposed quarantine area, bringing the total number of affected Christmas tree growers to 48 total growers.  None ship commercial lots outside the quarantine area.  Therefore, the prohibition on shipment will have no affect on them.

Eastern white pine is an important, high value, ornamental tree grown in many New Jersey nurseries.  There are approximately 254 additional plant dealers and 98 additional nurserymen conducting business within the proposed quarantine expansion area. Among these businesses, approximately 10 additional nurserymen within the proposed quarantine area ship pine nursery stock to locations outside of the proposed quarantine area.  Therefore, the expanded quarantine area as proposed will affect a total of 530 plant dealers and 255 nurserymen.  Inspections and limited permits are provided to qualified shippers by USDA APHIS at no charge during normal work hours, the Department would charge phytosanitary inspection fees of $20.00 or $50.00 for each shipment according to the schedule at N.J.A.C. 2:18. The costs of compliance are expected to be minimal. 

Regulatory Flexibility Analysis

The proposed amendment may impose compliance requirements on small businesses, as that term is defined in the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., that are located in the expanded quarantine area as proposed.  Nurseries or garden centers within the existing and proposed quarantine area may not ship regulated articles outside the quarantine area without a certificate issued by the Department or a limited permit issued by USDA APHIS.  There are 40 such businesses within the existing and proposed quarantine area.  The services of a licensed pesticide applicator are likely to be needed to comply with these rules; however most Christmas tree farms and nurseries either have a licensed pesticide applicator on site, or employ a commercial firm, for normal pest and disease control.

Should control measures have to be implemented, the burden of undertaking plant pest remedial measures may be imposed upon the individual business affected.  This burden, of course, is in counterpoise to the overwhelming risks that the unabated spread of these plant pests would have upon New Jersey’s forests, Christmas tree farms, pine plantations and nurseries and to the lumber and forest products industries in the Southeastern United States.  Thus, the Department has provided no lesser or differing requirements based upon business size.  The Department has determined that the existing rules and proposed amendment represent the minimum standards and minimum quarantine area necessary to protect against the potential endangerment to the agricultural and natural resources of the State that might result from the spread of Pine shoot beetle. 

The only reporting and/or recordkeeping requirements are those set forth by the USDA’s Federal Quarantint Requirements under 7 C.F.R. §301.50.

Smart Growth Impact

The proposed amendment would have no impact on the implementation on the State Development and Redevelopment Plan or achievement of smart growth.

Full textof the proposal follows (additions indicated in boldface thus):

SUBCHAPTER 9.  PINE SHOOT BEETLE

2:20‑9.6  N.J. Quarantine area

(a) By order of the State Board of Agriculture and pursuant to N.J.S.A. 4:1‑21.5 or 4:7-1, in order to control the spread of pine shoot beetle, the following counties are hereby quarantined: Bergen, Hunterdon,Morris, Passaic, Somerset,Sussex and Warren. 

(b) (No change.)

Charles M. Kuperus, Secretary

New Jersey Department of Agriculture

November 15, 2006