Section 312 IAC 18-3-4 - Criteria for a permit for the movement of a plant or element of beekeeping that contains a pest or pathogenAuthority: IC 14-10-2-4; IC 14-24-3
Affected: IC 14-24
Sec. 4.
(a) This section establishes the criteria by which an application for a permit for the movement of a plant or element of beekeeping that contains a pest or pathogen, issued under section 3(b)(2) of this rule, is evaluated.(b) The following categories for a pest or pathogen are established: (1) Category A is one (1) of the following:(A) A plant pest from another country which is newly introduced or not widely distributed in the United States.(B) A plant pest of limited occurrence in the United States, including pests listed by an agency of the federal government.(C) A plant pest regulated by Indiana.(D) An exotic strain of a domestic pest.(2) Category B is a beneficial organism or pollinator. The pest or pathogen is high risk which is a weed antagonist or a shipment accompanied by federally or state prohibited plant material of a Category A pest. The pest or pathogen is a low risk which is constituted by pure cultures of known beneficial organisms.(3) Category C is a domestic pest which: (A) has attained its ecological range; or(B) is a nonpest organism.(c) A facility proposed in an application for the maintenance of a plant or element of beekeeping that contains a pest or pathogen is evaluated according to the factors referenced as follows:(1) The likelihood of harm by the pest or pathogen is evaluated as follows: (A) A pest or pathogen poses a serious likelihood of harm which is contained within: (ii) Category B as a high risk.(B) A pest or pathogen does not pose a serious likelihood of harm which is contained within: (i) Category B as a low risk; or(2) The difficulty of containment of the pest or pathogen is evaluated as follows: (A) Considered is the adequacy of the confinement facility to prevent escape.(B) The life stages, quantity, size, and mobility of the pest are evaluated.(C) Human traffic patterns are assessed as they bear upon the probability of contamination or dissemination of the pest.(D) The cleanliness of the containment area is reviewed.(3) The nature of the work of the applicant is evaluated as follows: (A) The purposes to be served by the permit are considered. Examples of purposes include the following:(iii) Pesticide screening.(vii) Characterization. Work which is likely to enhance scientific awareness is favored over work which is not.
(B) The techniques and processes are considered which are required for rearing or culturing the pest or pathogen.(C) The length of time which a pest or pathogen will be contained is determined.(D) Determined is the number of shipments which will be required during the effectiveness of the proposed permit.(4) The chance of establishment of the pest or pathogen if an escape occurs is evaluated as follows: (A) The availability of known hosts is determined.(B) Climatic conditions are considered, including the time of year when the proposed permit would be effective.(C) The ability of the pest or pathogen for survival through a winter or a summer, to become dormant, or to otherwise rest in a viable condition is determined.(D) The reproductive potential of the pest or pathogen is considered. Factors include parthenogenesis and vegetative states.(5) The experience of the permit applicant and employees is evaluated as follows: (A) The demonstrated awareness of the applicant for the risk posed by dissemination of the pest or pathogen is considered.(B) The appreciation expressed by the applicant for security needs is weighed.(C) The willingness of the applicant for cooperation is determined relative to the department and other regulatory agencies.(6) The containment features of the site where the pest or pathogen will be maintained are evaluated as follows:(A) Containment features must be described in the permit application which will reduce the probability of pest or pathogen escape.(B) The specific features used for the containment of a pest or pathogen will depend on the category of the pest or pathogen, the conditions prescribed on a permit, and the kind of organism, but the following general standards apply: (i) Walls ordinarily shall be white and shall be covered with a smooth coating of paint or with plasterboard sealed at panel seams, inside corners, and joints with the floor and ceiling.(ii) Ceilings shall be painted white.(iii) Floors shall be covered with smooth painted concrete or covered with asphalt tile.(iv) Vents, air intakes, and drains shall be covered with sufficient mesh to prevent an escape of the pest or pathogen. Containment screen sizes are commonly fifty (50), sixty (60), or one hundred (100) mesh.(v) Windows shall be sealed in frames and permanently closed.(vi) Light fixtures, electrical service outlets, and other equipment which penetrates the walls, ceilings, and floors shall be sealed to prevent the entry or escape of pests or pathogens.(vii) Air conditioning supply and return ducts shall be fitted with appropriate filters.(viii) A secure waste trap shall be affixed to the drainage system.(ix) Entry doors shall be kept closed and shall be locked when the room is unoccupied.(x) A warning sign shall be posted at the entrance to the containment area to deter the entry of unauthorized personnel.(xi) Access to the containment area shall be limited to the permittee and employees authorized to participate in the permit.(xii) An incinerator or autoclave shall be maintained in the containment area to sterilize or devitalize all wastes.(xiii) Pests or pathogens shall be held in secure cages within the containment area.(xiv) A blacklight trap shall be activated in the containment area if arthropods are involved.(xv) A greenhouse shall be air conditioned and its humidity controlled, with wire reinforcement and glass panels, sealed both inside and outside.(d) General conditions applicable to any permit issued under this section are as follows: (1) A pest or pathogen shall be shipped in sturdy containers which will prevent escape.(2) Packing material and shipping containers shall be sterilized or destroyed immediately after removing the pest or pathogen at the confined area.(3) With respect to parasitic plant seeds, the shipments shall be within a metal container enclosed within another metal container. A person who handles parasitic plant seeds shall wear a plastic or rubber apron, cuffless trousers, plastic gloves, and disposable shoe covers.(4) Rearing or culturing of pests or pathogens is prohibited.(5) Plant material is limited to the minimum sections of leaves needed to perform the purposes of the permit. Soil and plant materials capable of propagation are prohibited.(6) Necessary precautions shall be taken to prevent the escape of a pest or pathogen. A permittee must contact the division as soon as practicable if an escape occurs, but not later than twenty-four (24) hours after the occurrence.(e) Conditions applicable to a high risk permit, as described in subsection (c)(1)(A), are as follows: (1) The arrival of every shipment of pests or pathogens at the containment area shall be reported immediately to the division.(2) With respect to insects, the shipments shall be limited to one (1) sex and be subject to verification.(3) With respect to parasitic plant seeds, the shipments shall be within a metal container enclosed within another metal container. A person who handles parasitic plant seeds shall wear a plastic or rubber apron, cuffless trousers, plastic gloves, and disposable shoe covers.(4) Rearing or culturing of pests or pathogens is prohibited.(5) Plant material is limited to the minimum sections of leaves needed to perform the purposes of the permit. Soil and plant materials capable of propagation are prohibited.(6) Plant inoculation tests shall be conducted only within growth chambers or biochemical chambers.(7) The termination of the research project and the destruction of all pests or pathogens and infected materials shall be reported immediately to the division.(f) The division director may require the completion of an environmental assessment under 329 IAC 5-1 or an environmental impact statement under 329 IAC 5-2 as a prerequisite to the consideration of a permit application under this section.Natural Resources Commission; 312 IAC 18-3-4; filed Nov 22, 1996, 3:00 p.m.: 20 IR 944; readopted filed Oct 2, 2002, 9:10 a.m.: 26 IR 546; readopted filed Sep 19, 2008, 10:23 a.m.: 20081008-IR-312080076RFA; Readopted filed 7/17/2014, 3:48 p.m.: 20140813-IR-312140105RFAReadopted filed 9/18/2019, 1:18 p.m.: 20191016-IR-312190373RFA