Section I: Declaration of Emergency Quarantine
Whereas, the Commissioner of the Minnesota Department of Agriculture, having found that an exotic pest known as the gypsy moth (Lymantria dispar (Linneaus)), has been detected in Minnesota and has a limited distribution at this time; and
Whereas, the Commissioner of the Minnesota Department of Agriculture monitors gypsy moth populations annually along the expanding population front, and has found an established isolated population of gypsy moth in Minneapolis Minnesota as indicated through the presence of alternate life stages; and
Whereas, the anthropogenic movement of gypsy moth is likely via the transport of yard waste and other outdoor household articles that may be infested with gypsy moth life stages; and
Whereas, the gypsy moth has the potential to weaken or kill host trees, in infested counties, cities, and townships; and
Whereas, trees of many host species are a valuable resource for the tourism, nursery, landscaping, and timber industries in Minnesota; and
Whereas, Minnesota's urban and rural forest environments are susceptible to gypsy moth infestation and defoliation; and
Now, therefore, the Commissioner of the Minnesota Department of Agriculture by the authority of Minnesota Statutes Section 18G.06 (2015) declares this emergency quarantine to prevent the further spread of this pest and sets forth: definitions, regulated articles, quarantined areas, conditions of movement, violations and penalties, and special exemptions. This quarantine shall become effective immediately and will remain in effect until withdrawn or superseded.
Section II: Definitions
"Bark" means the tough outer covering of the woody stems of trees, shrubs, and other woody plants as distinguished from the cambium and inner wood.
"Bark products" means products containing pieces of bark including bark chips, bark nuggets, bark mulch, and bark compost.
"Commissioner" means the Commissioner of the Minnesota Department of Agriculture or his designee.
"Compliance agreement" means a written agreement between a person engaged in growing, handling, moving or receiving regulated articles, and the Commissioner to achieve compliance with this quarantine.
"Gypsy Moth" ("GM") means the insect known as gypsy moth, Lymantria dispar L., in any stage of development.
"Firewood" means wood cut to lengths less than four feet long. This includes firewood cut for personal use.
"Inspector" means an employee of the Minnesota Department of Agriculture authorized in accordance with the law to enforce the provisions of this quarantine and regulations in this subpart. A person operating under a compliance agreement is not an inspector.
"Log" means tree parts cut into lengths four feet or longer.
"Minnesota" means the State of Minnesota.
"Move" ("moved", "movement") means shipped, transported, carried; held or offered for shipment, transport or carriage; received for shipment, transport or carriage; or allowed to be shipped, transported or carried.
"Outdoor household articles" means articles associated with a household that have been kept outside the home such as awnings, barbecue grills, bicycles, boats, dog houses, firewood, garden tools, hauling trailers, outdoor furniture and toys, recreational vehicles and associated equipment, and tents.
"Person" means any individual, partnership, corporation, company, society, association, firm, governmental entity, legal entity or other organized group.
"Quarantined Area" means any portion of Minnesota listed in Section IV of this quarantine.
"Regulated Article" means any article listed under Section III of this quarantine.
Section III: Regulated Articles
A) Regulated articles are as follows:
1) The gypsy moth, Lymantria dispar L., in any stage of development (egg, larva, pupa, adult).
2) Regulated articles:
a. Trees and shrubs with roots and persistent woody stems, unless they are greenhouse grown throughout the year.
b. Firewood, logs, bark and bark products.
c. Any other outdoor household articles, or means of conveyance, of any character whatsoever, when it is determined by an inspector that any life stage of gypsy moth is in proximity to such articles and the articles present a high risk of artificial spread of gypsy moth infestation. Outdoor articles include but are not limited to: outdoor furniture, dog houses, garden tools, tents, awnings, boats, trailers, and recreational vehicles.
Section IV: Quarantined Areas
A) The portion of the Lowry Hill neighborhood located in the Calhoun-Isle community of Minneapolis bounded by:
North boundary: Mount Curve Ave
East boundary: Dupont Ave S
South boundary: W Franklin Ave
West boundary: Irving Ave S
Section V: Restrictions on Regulated Articles
A) Regulated articles and outdoor household articles from the isolated infested areas shall not be moved from the quarantined area to a non-quarantined area unless the regulated article has been inspected, treated or subject to special handling under a compliance agreement.
Section VI: Penalties
A) Any person violating these quarantine regulations is subject to the civil penalties up to $7,500.00 per day of violation or misdemeanor penalties set forth in Minnesota Statutes Sections 1BJ.10 (2015) and may be subject to criminal penalties set forth in Minnesota Statutes Sections 1BJ.11 (2015).
Section VII: Special Exemptions
A) The Commissioner may allow, with written approval, the movement of gypsy moth, in any living stage of development, into or within Minnesota for research purposes.
This Notice and State Emergency Quarantine are effective July 1, 2017.
Signed copy on file.
David J. Frederickson
Minnesota Department of Agriculture