§8306. Authority to quarantine and destroy pest host material
1. Quarantines. Notwithstanding any other provision of law, the director may establish by rule a quarantine to restrict or prohibit the transportation within, into or from the State or any portion of the State of any forest or shade tree or part of any forest or shade tree, including, but not limited to, logs, bark, branches, seeds or scion material, or alternate host materials capable of supporting a disease or insect infestation when the following conditions are met:
A. The director finds that there exists within the State or in any other state, country or province a plant disease caused by a plant pathogen not native to the State or an infestation of insects not native to the State that, in the opinion of the director, is likely to kill or seriously injure forest or shade trees in large numbers; and [2001, c. 547, §1 (NEW).]
B. A quarantine to protect against the plant disease or insect infestation has not been established by the Commissioner of Agriculture, Conservation and Forestry or the Secretary of Agriculture of the United States or is not in effect. [2001, c. 547, §1 (NEW); 2011, c. 657, Pt. W, §6 (REV).]
[ 2013, c. 196, §1 (AMD) .]
2. Rulemaking. The director shall adopt rules to establish:
A. Quarantines as needed and authorized under subsection 1; and [2001, c. 547, §1 (NEW).]
B. A process for the seizure, inspection, destruction or other mitigation of any forest or shade tree or any material that:
(1) Exists within the State and harbors a plant pathogen or insect that is the subject of a quarantine;
(2) Is in proximity to a tree or material that exists within the State and harbors a plant pathogen or insect that is the subject of a quarantine; or
(3) Is transported into the State in violation of a quarantine established by the director, the Commissioner of Agriculture, Conservation and Forestry or the Secretary of Agriculture of the United States. [2013, c. 196, §2 (RPR).]
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
[ 2013, c. 196, §2 (AMD) .]
3. Salvage of condemned material. Prior to ordering the destruction of forest or shade trees or parts of forest or shade trees, the director shall consult with the landowner and the person owning stumpage rights to determine if there are methods of destruction that allow recovery of the value or a portion of the value of the condemned material and effectively safeguard the forest resource.
[ 2001, c. 547, §1 (NEW) .]
2001, c. 547, §1 (NEW). 2011, c. 657, Pt. W, §6 (REV). 2013, c. 196, §§1, 2 (AMD).