SOD Regulation

Issuance of the Official Regulatory Protocol for Wholesale and Production Nurseries Containing Plants Infected with Phytophthora ramorum, version 8.1, dated 5 June 2008

This is to announce the release and immediate implementation of an updated and improved eradication protocol for infested wholesale and production nurseries. This "official Regulatory Protocol for Wholesale and Production Nurseries Containing Plants Infected with Phytophthora ramorum", is commonly referred to as the Confirmed Nursery Protocol or CNP. As this CNP is not changed significantly from the version 8.0, dated 20 July 2007, we are designating this as version 8.1, dated 5 June 2008.

We have continued to monitor efforts, successes and failures in infested nurseries. We, the states and the industry continue to be frustrated and concerned with nurseries completing the CNP being found infested in the years following the eradication attempt. As you read the CNP v8.1 you will note we are more being more systematic about survey methods and more active in our addressing of risks and challenges presented by the plants, soil, cull piles and compost.

We do understand that the nursery industry is concerned about the impact of our eradication program protocols. But very few nurseries are directly impacted by this protocol. Of the estimated over 4000 nurseries inspected each year, this CNP was only implemented for 9 nurseries that were found infested in 2006 and 8 in 2007 - nationwide. In the three western states there are approximately 1400 host-growing nurseries under compliance agreement. In those states only about 1/2 of 1 percent are impacted in 2008 by the CNP. However, those are the growers putting the country at risk by shipping from an infested nursery and affecting the perception and marketabliliy of the entire west coast nursery industry to the rest of the country. So working with nurseries to assure an effective eradication program for P ramorum is in place benefits the entire industry.

To aid in the implementation of CNP v8.1, below are the highlights of the enhancements:

• Authorities are listed to assist understanding and communicating what our legal authorizations are.( See page 9 for additional details)

• High risk plants (listed at the genus level in the APHIS Host List) are treated as in the past. Other listed plants found infested result in less stringent requirements but are expected to be as effective response as in the past. This will be accomplished for other listed plants found infested by using a radius around the other listed hosts rather than an entire block for destruction. (See pages 13 and 16 for details)

• Delimitation surveys are critical to determining the extent of the infestation and eradication. Though we expect many samples to be taken in an effort to find P. ramorum where it occurs in a nursery, however, that is not always the case. Therefore we are establishing that a minimum of 40 plants be sampled in delimiting surveys. (See pages 13-16 for details)

• Cull piles and material being composted present a risk that has yet to be fully understood. Sampling and testing methodology for these is neither sensitive nor reliable. To address the risk they present, regardless of test results, these will be destroyed as part of the strategy to eliminate P. ramorum from nurseries. See pages 16-17

• We are increasingly experiencing that soil is harboring P ramorum and aiding/causing reinfestation in nurseries. The 'soil' beneath the destruction block has been contaminated by the infected plants above, to some degree, with P. ramorum. Again, testing is neither sensitive nor reliable. Therefore, for the destruction block, if tested negative, one of a variety of mitigations must be implemented. (See page 17 for details)

• "Post Eradication Monitoring" - We have been concerned that in the years that follow an infestation, that insufficient sampling has occurred in some cases. We are requiring a minimum of 40 samples when the spring 'survey' occurs. (See page 21 for details)

• The schematic for destruction and hold areas has been modified and a new one added for situations due to change in response to other than high risk plants described in the second bullet above and detailed on pages 13 and 16. (See Appendices 2 & 3)

• Soil baiting has been revised to allow for a one month cold storage of soil samples that were negative. This will not affect sensitivity of the test but will speed the process. (See page 36 Appendix 6)