July 2009 Letter Sent to Forest Products Industry Members
New EAB Quarantine Regulations now in Effect for Cattaraugus and Chautauqua Counties in New York State
July 31, 2009
Dear New York and Pennsylvania Forest Products Industry:
This letter is being sent to inform you of action you should take in order to transport and/or utilize timber products and uncertified green wood products produced from any species of ash tree (Fraxinus sp.) originating in either Chautauqua or Cattaraugus counties in New York State. This action should also be taken if you plan to transport or receive chips, bark or firewood from any tree species.
As you may be aware, the exotic beetle, Emerald Ash Borer (EAB), was recently discovered in Cattaraugus County, and as a result, New York State Departments of Environmental Conservation (NYS DEC) and Agriculture and Markets (NYS DAM) have both put in place emergency orders regulating the intrastate (within state) movement of ash wood within and from these counties. In addition, it is anticipated that USDA Animal Plant Health Inspection Service (APHIS) will soon be putting in place a separate order that will regulate the interstate (between states) movement of ash.
As a basic requirement of the intrastate regulation, all individuals, companies or facilities handling ash timber products and/or processing other uncertified green ash products, or chips, bark and firewood of any species, will be required to enter into a compliance agreement with either NYS DAM or APHIS. A compliance agreement is a written agreement between a regulating agency and a person handling or receiving regulated articles which authorizes the restricted movement, processing, handling or utilization of these articles. For those handling or processing ash within the quarantine district only, a compliance agreement will be a relatively simple agreement that requires you to acknowledge your awareness of the quarantine and to potentially provide some recordkeeping of transport or use of regulated articles. If you plan to move ash out of the quarantine, or are a facility located outside the quarantine that plans on receiving regulated articles, then a compliance agreement will be more substantial and will involve outlining how ash products must be handled and treated to make them eligible for use. In addition, the agreement will specify time frames for transport, treatment or utilization of articles from the quarantine district, and will specify the terms and conditions for limited permit and/or certification form(s) you will need to legally operate.
It is therefore important to immediately contact an agent from either NYS DAM or APHIS to set-up an appointment for a visit to your location. You should contact a local NYS DAM agent (PDF, 626 KB) for any intrastate movement, and APHIS (PDF, 777KB) if you plan on moving articles outside of New York State.
Visit Emerald Ash Borer Information for the Wood Products Industry on DEC's website for contact information for both NYS DAM and APHIS agents working in various geographic regions of the state, as well as other important information of interest.
If you would prefer a paper copy of this contact information, please feel free to contact this office.
DEC's quarantine regulation requires persons moving regulated articles have any required compliance agreement, limited permit or certification from NYS DAM or USDA APHIS. Please be aware that NYS DEC personnel will not be involved in developing and issuing compliance agreements, or in providing permits or certifications to transporters or facilities. DEC's role will be in enforcement as well as in providing information support through our Forest Utilization Program. Please contact Sloane Crawford at (518) 402-9415 for information relating to the Forest Utilization Program.
For additional information on EAB please visit the Emerald Ash Borer website.
Sincerely,
Robert K. Davies
NYS State Forester
