§ 9-1301 — White pine blister rust and currant rust

New York § 9-1301

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 13: Forest Insect and Disease Control
• Art. 9: Lands and Forests

Text

§ 9-1301. White pine blister rust and currant rust.\n For the purpose of suppressing and controlling white pine blister rust\nand currant rust (Cronartium ribicola), the following provisions shall\napply:\n 1. Certain cultivars of black currant declared a public nuisance.\nUnless otherwise provided for by this section, the planting, growing,\npropagating, cultivating, or selling plants, roots, or cuttings of any\nspecies of cultivated black currants (Ribes nigrum) other than cultivars\nthat are immune or resistant to white pine blister rust or currant rust\nis hereby prohibited in this state; provided, however, that the\nplanting, growing, propagating, cultivating, or selling plants, roots or\ncuttings of any species of cultivated black currants is authorized in\nall fruiting currant districts or potentially fruiting currant\ndistricts. Such unauthorized bushes, roots, cuttings, or plants may be\ndestroyed by the agents of the department.\n 2. Fruiting currant districts and potential fruiting currant districts\ndefined. Districts where the growing of all species of currants,\nincluding black currants, for the production of fruit is carried on and\nis a commercial enterprise or a potentially important commercial\nenterprise shall be determined and designated as "fruiting currant\ndistricts" or "potential fruiting currant districts", and in such\ndistricts the provisions of subdivision three of this section shall\napply. The location and extent of such districts shall be determined by\nthe department and the state department of agriculture and markets.\n 3. No measures for the control of white pine blister rust shall be\nundertaken by the department within the boundaries of designated\nfruiting currant districts or potential fruiting currant districts.\n 4. Control measures outside of fruiting currant districts or potential\nfruiting currant districts. Whenever such action is desirable as a means\nof controlling white pine blister rust or currant rust, the department\nor its duly authorized agents may eradicate any unauthorized plants of\nthe genus Ribes (currants and gooseberries), either wild or cultivated,\nexcept within nurseries which are annually certified by the state\ndepartment of agriculture and markets to be free from disease. Owners\nshall remove from their lands, subject to the direction and the approval\nof the duly authorized agents of the department, the plants of the genus\nRibes within a distance of not more than 900 feet of the white pine on\nthe land of adjoining owners who have protected their white pine from\nwhite pine blister rust. If any owner, upon not less than thirty days'\nnotice in writing, fails to destroy unauthorized Ribes on his or her\nproperty as provided in this subdivision, the commissioner may cause\nsuch plants to be destroyed, and the expense of such work shall be a\ncharge against the owner, which shall constitute a lien upon the land.\n 5. Quarantine regulations. The department shall have the authority, by\norder, to establish quarantine districts in any part or parts of the\nstate. In such districts, it may prohibit the possession of any\nfive-leafed pine trees or plants of the genus Ribes (currants and\ngooseberries), or so much thereof as is deemed necessary. It may also\nprohibit the transportation of any plants, roots, or cuttings of the\ngenus Ribes (currants and gooseberries) from or to any quarantine\ndistrict within the state, or from any diseased area or locality in\nwhich the disease exists outside of the state to any point within the\nstate. Such prohibitions shall be effective on and after the tenth day\nfrom the date of the order made with respect thereto. On the making of\nsuch order, the department shall cause a certified copy of the same to\nbe filed in the office of the clerk of each county affected by such\nquarantine and shall give such other notice thereof as it may deem\nnecessary. The provisions of this subdivision shall not apply to\nundiseased cultivated plants or to the fruit of diseased plants of the\ngenus Ribes (currants and gooseberries) included within fruiting currant\ndistricts or potential fruiting currant districts or to the merchantable\ncontents of any pine trees; provided that any diseased part thereof is\nfirst destroyed.\n 6. Diseased trees or plants defined. A plant of the genus Ribes which\nis visibly infected by Cronartium ribicola or any five-leafed pines upon\nwhich white pine blister rust has been found growing shall be construed\nto be and be, within the meaning of this section only, a diseased plant,\nand, as such, may be destroyed without compensation under the provisions\nof this section.\n 7. Authority to eradicate and compensation. Agents or employees of the\ndepartment may enter upon any land to carry out the provisions of this\nsection if proper precautionary measures are taken by them to prevent\nthe spread of this disease, and no action for trespass shall lie\ntherefor. Fair compensation shall be allowed for all undiseased trees or\nundiseased cultivated Ribes destroyed, except for prohibited varieties\nof cultivated black currants (Ribes nigrum) located outside of a\nfruiting currant district or potential fruiting currant district. No\ncompensation shall be paid by the state for any species of Ribes\ndestroyed in connection with the establishment of a Ribes-free zone\naround commercial nurseries, but fair compensation for such Ribes must\nbe paid by the person owning or operating the nursery protected by such\ndestruction of bushes. The rate of fair compensation shall be determined\nby the commissioner of agriculture and markets or a committee appointed\nby him or her. If the commissioner of agriculture and markets determines\nto appoint a committee for the purpose of making such determination,\nsuch committee shall be appointed prior to May 1 in each year.\n