8/31/16 N.Y. St. Reg. AAM-25-16-00006-A
Species of Ash Tree, Parts Thereof and Products and Debris Therefrom, Which Are at Risk for Infestation by the Emerald Ash Borer
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Repeal of section 141.2 and addition of new section 141.2 to Title 1 NYCRR.
Statutory authority:
Agriculture and Markets Law, sections 18, 164 and 167
Subject:
Species of ash tree, parts thereof and products and debris therefrom, which are at risk for infestation by the emerald ash borer.
Purpose:
To expand and combine the 14 existing restricted zones where EAB infestations exist.
Text or summary was published
in the June 22, 2016 issue of the Register, I.D. No. AAM-25-16-00006-EP.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Christopher A. Logue, New York State Department or Agriculture and Markets, 10B Airline Drive, Albany, New York 12235, (518) 457-2087, email:
christopher.logue@agriculture.ny.govInitial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
The Department received one comment, the gist of which is that the emerald ash borer (EAB) is so widely distributed throughout the State that any further regulation of it is futile. Additionally, the comment stated that the regulations as drafted hamper landowners by prohibiting them from processing uninfested ash wood.
The EAB regulated area currently encompasses approximately 45% of the state’s land area, with the spread of the insect over the past several years observed along the borders of previously regulated areas. Significantly, the insect has not been observed in the Champlain Valley, St. Lawrence area or other outlying/isolated areas, supporting the Department’s belief that its quarantine strategy designed to limit the human assisted spread of the insect is having some positive effect and has afforded additional time to plan for infestation on municipal and state lands and in urban areas where ash is an important street tree.
The Department has concluded that the benefits of maintaining the quarantine outweighs the burden that it places on landowners and the forest products industry. The Department has sought to mitigate that burden, and in administering the quarantine, has endeavored to provide landowners and the forest products industry with the ability to harvest ash through the year certain, but under certain restrictions. To that end the department initiated flight season harvest permits, which allow for the harvest of uninfested ash from regulated areas. This recognizes the regional nature of processing capacity, as well as safety and access issues which make fall, winter and spring harvests difficult. To date, approximately 25 flight season harvest permits have been issued for the summer harvest.
The Department, in conjunction with the Department of Environmental Conservation, will reevaluate the quarantine incorporating 2016 trapping data in the last quarter of 2016.
