gypsy moths at multiple trapping locations in the area over a period of 2 or more consecutive years, if the Administrator determines, after consulting with the State plant regulatory official, that gypsy moth is established in the area. Generally infested area. Any State, or portion thereof, listed as a generally infested area in §301.45-3 or temporarily designated as a generally infested area in accordance with §301.452(c). Gypsy moth. The live insect known as the gypsy moth, Lymantria dispar (Linnaeus), in any life stage (egg, larva, pupa, adult). Inspector. Any employee of APHIS, a State government, or any other person, authorized by the Administrator in accordance with law to enforce the provisions of the quarantine and regulations in this subpart. Interstate. From any State into or through any other State. Limited permit. A document issued by an inspector to allow the interstate movement of regulated articles to a specified destination. Mobile home. Any vehicle, other than a recreational vehicle, designed to serve, when parked, as a dwelling or place of business. Move (movement, moved). Shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved by any means. "Movement" and "moved" shall be construed in accordance with this definition. Outdoor household articles. 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. Any individual, partnership, corporation, company, society, association, or other organized group. Qualified certified applicator. Any individual (1) certified pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (86 Stat. 983; 7 U.S.C. 136b) as a certified commercial applicator in a category allowing use of the restricted pesticides Spray N Kill (EPA Registration No. 8730-30), Ficam W (EPA Registration No. 45639-1), and acephate (Orthene®); (2) who has attended and completed a workshop approved by the Administrator on the identification and treatment of gypsy moth life stages on outdoor household articles and mobile homes; and (3) who has entered into a compliance agreement in accordance with §301.45-6 of this part for the purpose of inspecting, treating, and issuing certificates for the movement of outdoor household articles and mobile homes.1 Recreational vehicles. Highway vehicles, including pickup truck campers, one-piece motor homes, and travel trailers, designed to serve as temporary places of dwelling. Regulated articles. (1) Trees without roots (e.g., Christmas trees), trees with ; roots, and shrubs with roots and persistent woody stems, unless they are greenhouse grown throughout the year. (2) Logs, pulpwood, and wood chips. (3) Mobile homes and associated equipment. (4) Any other products, 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 and the person in possession thereof has been so notified. State. Any State, Territory, or District of the United States including Puerto Rico. Treatment manual. The provisions currently contained in the Gypsy Moth 1 Names of qualified certified applicators and plant regulatory officials for the States and Territories of the United States are available upon request from the regional offices of the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, or from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236. 1 Program Manual2 and the Plant Protection and Quarantine Treatment Manual.3 Under the direction of. Monitoring treatments to assure compliance with the requirements in this subpart. Under the direct supervision of a qualified certified applicator. An inspection or treatment is considered to be applied under the direct supervision of a qualified certified applicator if the inspection or treatment is performed by a person acting under the instructions of a qualified certified applicator who is available if and when needed, even though such qualified certified applicator is not physically present at the time and place the inspection or treatment occurred. [58 FR 39423, July 23, 1993, as amended at 59 FR 67608, Dec. 30, 1994] §301.45-2 Authorization to designate and terminate designation of generally infested areas. (a) Generally infested areas. The Administrator shall list as generally infested areas in §301.45-3 each State or each portion thereof in which a gypsy moth general infestation has been found by an inspector, or each portion of a State which the Administrator deems necessary to regulate because of its proximity to infestation or its inseparability for quarantine enforcement purposes from infested localities; Except that, an area shall not be listed as a generally infested area if the Administrator has determined that: (1) The area is subject to a gypsy moth eradication program conducted by the Federal government or a State government in accordance with the Integrated Pest Management (IPM) alternative of the Final Environmental Im 2 Pamphlets containing such provisions are available upon request to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236. Relevant portions of the Gypsy Moth Program Manual are published as an appendix to these regulations. 3 The Plant Protection and Quarantine Treatment Manual is incorporated by reference. For the full identification of this standard, see §300.1 of this chapter, "Materials incorporated by reference." pact Statement (FEIS) on Gypsy Moth Suppression and Eradication Projects that was filed with the United States Environmental Protection Agency on March 18, 1985; and (2) State or Federal delimiting trapping surveys conducted in accordance with Section II, "Survey Procedures— Gypsy Moth" of the Gypsy Moth Treatment Manual show that the average number of gypsy moths caught per trap is less than 10 and that the trapping surveys show that the eradication program is effectively diminishing the gypsy moth population of the area. (b) Less than an entire State will be designated as a generally infested area only if the Administrator has determined that: (1) The State has adopted and is enforcing a quarantine or regulation which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and, (2) The designation of less than the entire State as a generally infested area will be adequate to prevent the artificial interstate spread of infestations of the gypsy moth. (c) Temporary designation of areas as generally infested areas. The Administrator or an inspector may temporarily designate any area in any State as a generally infested area in accordance with the criteria specified in paragraph (a) of this section. An inspector will give written notice of the designation to the owner or person in possession of the area and thereafter, the interstate movement of any regulated article from such areas is subject to the applicable provisions of this subpart. As soon as practicable, each generally infested area will be added to the list in §301.45-3 or the designation will be terminated by the Administrator or an authorized inspector, and notice thereof shall be given to the owner or person in possession of the areas. (d) Termination of designation as a generally infested area. The Administrator shall terminate the designation of any area as a generally infested area whenever the Administrator determines that the area no longer requires Franklin County. The townships of Avon, Carthage, Chesterville, Coplin Plantation, Crockertown, Dallas Plantation, Davis, Lang, Farmington, Freeman, Industry, Jay, Jerusalem, Kingfield, Madrid, Mount Abraham, New Sharon, New Vineyard, Perkins, Phillips, Rangeley, Rangeley Plantation, Redington, Salem, Sandy River Plantation, Strong, Temple,. Washington, Weld, Wilton, Wyman, 6, D and E. Hancock County. The entire county. Kennebec County. The entire county. Knox County. The entire county. Lincoln County. The entire county. Oxford County. The townships of Adamstown, Albany, Andover, Andover North, Andover West, Batchelders Grant, Bethel, Brownfield, Buckfield, Byron, Canton, Denmark, Dixfield, Fryeburg, Gilead, Grafton, Greenwood, Hanover, Hartford, Hebron, Hiram, Lincoln Plantation, Lovell, Lower Cupsuptic, Magalloway Plantation, Mason Plantation, Mexico, Milton Plantation, Newry, Norway, Oxford, Paris, Parkerstown, Peru, Porter, Richardsontown, Riley, Roxbury, Rumford, Stoneham, Stow, Sumner, Sweden, Upton, Waterford, Woodstock, C, and C Surplus. Penobscot County. The townships of Alton, Argyle, Bangor City, Bradford, Bradley, Brewer City, Burlington, Carmel, Carroll Plantation, Charleston, Chester, Clifton, Corinna, Corinth, Dexter, Dixmont, Drew Plantation, E. Millinocket, Eddington, Edinburg, Enfield, Etna, Exeter, Garland, Glenburn, Grand Falls Plantation, Greenbush, Greenfield, Grindstone, Hampden, Hermon, Hersey Town, Holden, Hopkins Academy Grant, Howland, Hudson, Indian Purchase, Kenduskeag, Kingman, LaGrange, Lakeville, Lee, Levant, Lincoln, Long A, Lowell, Mattamiscontis, Mattawamkeag, Maxfield, Medway, Milford, Millinocket, Newburgh, Newport, Old Town City, Orono, Orrington, Passadumkeag, Plymouth, Prentiss Plantation, Seboesis Plantation, Soldiertown, Springfield, Stacyville, Stetson, Summit, Veazie, Webster Plantation, Winn, Woodville, AR 7, AR 8, AR 9, 1 ND, 3 R1 NBPP, 1 R6 WELS, 1 R8 WELS, 2 R8 NWP, 2 R9 NWP, NWP, 5 R1 NBPP, and 2 R8 WELS. 3 R9 Piscataquis County. The townships of Abbott, Atkinson, Barnard, Blanchard Plantation, Bowerbank, Brownville, Dover-Foxcroft, Guilford, Kingsbury Plantation, Lakeview Plantation, Medford, Milo, Monson, Orneville, Parkman, Sangerville, Sebec, Williamsburg, Willimantic, Willington, 1 R9, 2 R9 WELS, 4 R9 NWP, and 5 R9 NWP. Sagadahoc County. The entire county. Somerset County. The townships of Anson, Athens, Bald Mountain, Bingham, Bowtown, Brighton Plantation, Cambridge, Canaan, Caratunk, Carrying Place, Carrying Place Town, Concord Plantation, Cornville, Dead River, Detroit, Embden, Fairfield, Harmony, Hartland, Highland Plantation, Lexington Plantation, Madison, Mayfield, Mercer, Moscow, Moxie Gore, New Portland, Norridgewock, Palmyra, Pittsfield, Pleasant Ridge Plantation, Ripley, Skowhegan, Smithfield, Solon, St. Albans, Starks, The Forks Plantation, and West Forks Plantation. Waldo County. The entire county. ty. Washington County. The entire coun York County. The entire county. Maryland The entire State. Massachusetts The entire State. Michigan Alcona County. The entire county. Gratiot County. The entire county. Currituck County. The entire county. Dare County. The area bounded by a line beginning at the intersection of State Road 1208 and Roanoke Sound; then easterly along this road to its junction with State Road 1206; then southerly along this road to its intersection with U.S. Highway Business 158; then easterly along an imaginary line to its intersection with the Atlantic Ocean; then northwesterly along the coastline to its intersection with the Dare-Currituck County line; then westerly along this county line to its intersection with the Currituck Sound; then southeasterly along this sound to the point of beginning. Ohio Ashtabula County. The entire county. Belmont County. The entire county. Carroll County. The entire county. Columbiana County. The entire coun ty. Coshocton County. The entire county. Cuyahoga County. The entire county. Geauga County. The entire county. Guernsey County. The entire county. Harrison County. The entire county. Holmes County. The entire county. Jefferson County. The entire county. Lake County. The entire county. Lorain County. The entire county. Lucas County. The entire county. Mahoning County. The entire county. Medina County. The entire county. Monroe County. The entire county. Ottawa County. The entire county. Portage County. The entire county. Stark County. The entire county. Summit County. The entire county. Trumbull County. The entire county. Tuscarawas County. The entire coun ty. Wayne County. The entire county. Pennsylvania The entire State. Rhode Island The entire State. Vermont The entire State. Virginia City of Alexandria. The entire city. City of Buena Vista. The entire city. City of Charlottesville. The entire city. City of Chesapeake. The entire city. City of Colonial Heights. The entire city. City of Emporia. The entire city. City of Hampton. The entire city. City of Norfolk. The entire city. City of Petersburg. The entire city. City of Poquoson. The entire city. City of Portsmouth. The entire city. City of Richmond. The entire city. City of Staunton. The entire city. City of Suffolk. The entire city. City of Virginia Beach. The entire city. City of Waynesboro. The entire city. City of Williamsburg. The entire city. City of Winchester. The entire city. Accomack County. The entire county. Albemarle County. The entire county. Amelia County. The entire county. Amherst County. The entire county. Appomatox County. The entire coun Dinwiddie County. The entire county. Essex County. The entire county. Fairfax County. The entire county. Fauquier County. The entire county. Fluvanna County. The entire county. Frederick County. The entire county. Gloucester County. The entire county. Goochland County. The entire county. Greene County. The entire county. Greensville County. The entire county. Halifax County The entire county. Hanover County. The entire county. Henrico County. The entire county. Highland County. The entire county. Isle of Wight County. The entire county. James City County. The entire county. King and Queen County. The entire county. ty. King George County. The entire coun King William County. The entire coun ty. Lancaster County. The entire county. |