Plant Protection Act

BALSAM WOOLLY ADELGID REGULATION

[includes amendments up to B.C. Reg. 169/2000]

Interpretation

1 In this regulation:

"Abies spp." means true fir, and includes balsam fir, Fraser fir, grand fir, noble fir, Pacific silver fir, silver or white fir and sub-alpine fir;

"balsam woolly adelgid" means an insect of the species Adelges piceae (Ratz.);

"log" means a log of Abies spp. with any attached bark;

"quarantine zone" means an area established as a quarantine zone in Appendix A;

"tree" means a living tree of Abies spp.with roots, and includes

(a) a seedling, and

(b) a tree produced by tissue culture.

Permits

2 (1) A person who wishes to grow Abies spp. in British Columbia must obtain an annual permit from the B.C. Ministry of Agriculture and Food.

(2) A person who is granted a permit under subsection (1) to grow Abies spp. must treat the trees for balsam woolly adelgid control in a manner specified by the Minister of Agriculture, Fisheries and Food.

(3) Repealed. [B.C. Reg. 169/2000.]

[am. B.C. Reg. 169/2000.]

Prohibition on movement

3 (1) A person must not move any tree of Abies spp. originating within a quarantine zone to an area in British Columbia outside a quarantine zone.

(2) Despite subsection (1), a person may move logs of Abies spp. out of a quarantine zone if the logs are transported and stored in water and promptly processed.

Sale of trees prohibited

4 A person must not sell or move cut trees or foliage of Abies spp. anywhere in British Columbia between January 31 and November 1.

Sale of cones and seeds permitted

5 The sale and movement of cones and seeds of Abies spp. is permitted anywhere in British Columbia.

Treatment of infested trees

6 Retail outlets offering Abies spp. for sale which are found by an inspector to have infested trees must immediately treat the trees in a manner specified by an inspector or the inspector may order the destruction of the infested trees.

Powers of inspectors

7 Inspectors appointed under the Provincial Plant Protection Act and the Federal Plant Protection Act are empowered to enforce the provisions of this regulation.

Order of inspector

8 (1) If an inspector is of the opinion that this regulation or the intent of this regulation is being contravened, the inspector may serve upon the person who is responsible for the contravention a written notice of the contravention ordering that person to do such things as the inspector may order for the purpose of preventing any similar or further contravention.

(2) A person who neglects or refuses to comply with the order of an inspector contained in a notice under subsection (1) is guilty of an offence.

(3) An inspector who takes any action under subsection (1) must promptly give to the Director, Crop Protection Branch, a report of the action taken.

Offence

9 (1) A person who contravenes any of the provisions of this regulation is guilty of an offence.

(2) If a person is found guilty under subsection (1), in addition to any penalty imposed, the trees or logs in his or her possession may be destroyed.

Appendix A

Quarantine Zone

All lands in British Columbia lying south and west of a line commencing at a point being the intersection of 51° north latitude with 129° west longitude; thence easterly along said line of north latitude to a point being the intersection of said line with 123° west longitude; thence southerly along this line to its intersection with 50° north latitude; thence easterly along this line to the line of the Cascade Mountains as defined for administrative purposes in the Schedule to the Interpretation Act; thence in a generally southerly direction along this line to the United States/Canada international boundary
except
all lands on Vancouver Island (and all islands west of Vancouver Island) and lying generally north and west of a line commencing at a point being the intersection of 48° 48' north latitude with 125° 24' west longitude; thence northeasterly following the boundary of the Clayoquot Forest to its intersection with the westerly boundary of the Esquimalt and Nanaimo Railway Company's Land Grant; thence northeasterly to the mouth of China Creek; thence northerly along China Creek to the intersection with McFarland Creek; thence northerly along McFarland Creek to its source; thence northerly to the intersection of Stokes Creek and the south boundary of Highway Plan 824RW; thence in a northeasterly direction to the confluence of the most easterly section of the Qualicum River with Horne Lake; thence northerly along the Qualicum River to Qualicum Bay.

Note: This regulation replaces B.C. Reg. 7/77.

[Provisions of the Plant Protection Act, R.S.B.C. 1996, c. 365, relevant to the enactment of this regulation: section 8]

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