Title of Regulation: 2VAC5-336. Regulations for Enforcement of the Virginia Tree and Crop Pests Law - Spotted Lanternfly Quarantine (amending 2VAC5-336-50).

Statutory Authority: § 3.2-703 of the Code of Virginia.

Effective Date: February 27, 2023.

Agency Contact: David Gianino, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804) 371-7793, or email david.gianino@vdacs.virginia.gov.

Background: The spotted lanternfly is an invasive pest that feeds on more than 100 plant species, including grapes, pome and stone fruits, maple and walnut trees, hops, and Ailanthus altissima (Tree of Heaven). The spotted lanternfly is a threat to Virginia's grape, apple, hops, and forestry industries and can spread long distances as a result of people moving articles containing spotted lanternfly egg masses, nymphs, or adults. If allowed to spread, this pest could impact Virginia's agricultural and forestry industries. The spotted lanternfly was initially detected in Winchester City and Frederick County in January 2018, spread to Clarke and Warren Counties in 2021, and has subsequently spread into the Cities of Buena Vista, Charlottesville, Harrisonburg, Lexington, Lynchburg, Manassas, Manassas Park, Staunton, and Waynesboro and the Counties of Albemarle, Augusta, Carroll, Page, Prince William, Rockbridge, Rockingham, Shenandoah, and Wythe. Once established, the spotted lanternfly has the potential to spread to noninfested areas through natural means or through the movement of infested articles (artificial spread). The Regulations for Enforcement of the Virginia Tree and Crop Pests Law - Spotted Lanternfly Quarantine (2VAC5-336) are intended to prevent the artificial spread of this pest and establishes steps that businesses and individuals not conducting business must take to ensure that spotted lanternfly is not being artificially spread out of the regulated areas. Expansion of the regulated area became necessary after surveys conducted by the Virginia Department of Agriculture and Consumer Services (VDACS) indicated that populations of the spotted lanternfly had become established in these localities. Eradication efforts targeted to these populations were unsuccessful in eradicating those populations, and eradication is no longer feasible.

Section 3.2-703 of the Code of Virginia requires that, prior to an extension or reduction of a quarantine, the Commissioner of the Department of Agriculture and Consumer Services must provide notice in a newspaper with general circulation in the affected area or direct written notice to those concerned. In an effort to communicate to impacted stakeholders, individuals, and localities, legal notices were published in local newspapers with coverage in the expanded area during the time period covering July 3, 2022, to July 16, 2022. In addition, notification letters regarding expansion of the regulated area were mailed to impacted stakeholders; industry groups; organizations and trade associations; other state agencies; and local governments, including boards of supervisors, city managers, and county administrators, in the expanded area during the time period of May 2022 to June 2022.

Summary:

The amendments expand the regulated area of the spotted lanternfly quarantine to include the Cities of Buena Vista, Charlottesville, Harrisonburg, Lexington, Lynchburg, Manassas, Manassas Park, Staunton, and Waynesboro and the Counties of Albemarle, Augusta, Carroll, Page, Prince William, Rockbridge, Rockingham, Shenandoah, and Wythe due to an increase in spotted lanternfly populations in these localities.

2VAC5-336-50. Regulated areas.

The following areas in Virginia are quarantined for Spotted Lanternfly:

1. The entire following counties:

a. Albemarle;

b. Augusta;

c. Carroll;

d. Clarke;

b. e. Frederick; and

c. f. Page;

g. Prince William;

h. Rockbridge;

i. Rockingham;

j. Shenandoah;

k. Warren; and

l. Wythe.

2. The entire City of following Cities of:

a. Buena Vista;

b. Charlottesville;

c. Harrisonburg;

d. Lexington;

e. Lynchburg;

f. Manassas;

g. Manassas Park;

h. Staunton;

i. Waynesboro; and

j. Winchester.