State and federal weed laws

1)Invasive plants – What are they? a) State and Federal laws and regulations Nevada State Laws: Nevada Revised Statutes – Chapter 555 NRS Definitions 3. “Noxious weed” means any species of plant which is, or is likely to be, detrimental or destructive and difficult to control or eradicate.

1)Invasive plants – What are they? a) State and Federal laws and regulations Nevada State Laws: Nevada Revised Statutes – Chapter 555 NRS Definitions NRS Director [NV Dept. Ag.] authorized 1.Investigate the prevalence of 2.Take the necessary action to control

1)Invasive plants – What are they? a) State and Federal laws and regulations Nevada State Laws: Nevada Revised Statutes – Chapter 555 NRS Definitions NRS Director [NV Dept. Ag.] authorization NRS Weed control analyst: Creation 2. The person appointed must be scientist with master’s degree NRS Weed control analyst : Duties 1. Research biological methods of controlling noxious weeds 2. Document the effectiveness of methods 3. Develop strategies for managing

1)Invasive plants – What are they? a) State and Federal laws and regulations Nevada State Laws: Nevada Revised Statutes – Chapter 555 NRS Definitions NRS Director [NV Dept. Ag.] authorization NRS & Weed control analyst NRS Designation of noxious weeds The state quarantine officer may declare by regulation the weeds of the state that are noxious weeds, but a weed must not be designated as noxious which is already introduced and established in the state to such an extent as to make its control or eradication impracticable in the judgment of the state quarantine officer.

1)Invasive plants – What are they? a) State and Federal laws and regulations Nevada State Laws: Nevada Revised Statutes – Chapter 555 NRS Definitions NRS Director [NV Dept. Ag.] authorization NRS & Weed control analyst NRS Designation of noxious weeds NRS General powers and duties of state quarantine officer 1. … enforce the provisions of NRS to NRS Eradication NRS Investigate & Notice NRS Neglect; action by county NRS Billing; hearing NRS City to reimburse county NRS Feds to reimburse State NRS – Weed Control Districts

1)Invasive plants – What are they? a) State and Federal laws and regulations Nevada State Laws: Nevada Revised Statutes – Chapter 555 NRS Definitions NRS Director [NV Dept. Ag.] authorization NRS & Weed control analyst NRS Designation of noxious weeds NRS General powers and duties of state quarantine officer NRS Eradication NRS Investigate & Notice NRS Neglect; action by county NRS Billing; hearing NRS City to reimburse county NRS Feds to reimburse State NRS – Weed Control Districts Chapter 555 also has sections on nurseries, pesticides, and rodent control districts

1)Invasive plants – What are they? a) State and Federal laws and regulations Nevada State Laws: Nevada Revised Statutes – Chapter 555 Nevada State Regulations: Nevada Administrative Code – Chapter 555

1)Invasive plants – What are they? a) State and Federal laws and regulations Nevada State Laws: Nevada Revised Statutes – Chapter 555 Nevada State Regulations: Nevada Administrative Code – Chapter 555 NAC Designation of noxious weeds See handout

1)Invasive plants – What are they? a) State and Federal laws and regulations Nevada State Laws: Nevada Revised Statutes – Chapter 555 Nevada State Regulations: Nevada Administrative Code – Chapter 555 NAC Designation of noxious weeds NAC – Weed control districts 8 districts: Paradise Valley, Ruby Valley, Diamond Valley, Douglas County, Goose Creek, Lovelock Valley, Walker River, Lamoille For some districts, lists plants subject to control (may or may not be on State list) Provides powers, regulations, and procedures

1)Invasive plants – What are they? a) State and Federal laws and regulations Federal Laws: Plant Protection Act of 2000

1)Invasive plants – What are they? a) State and Federal laws and regulations Federal Laws: Plant Protection Act of 2000 Sec 402: Findings 1.Detection, control, … is necessary for the protection of the agriculture, environment, and economy of the United States 2.Biological control is often desirable

1)Invasive plants – What are they? a) State and Federal laws and regulations Federal Laws: Plant Protection Act of 2000 Sec 402: Findings Sec. 403: Definitions 10. Noxious weed means any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health, or the environment.

1)Invasive plants – What are they? a) State and Federal laws and regulations Federal Laws: Plant Protection Act of 2000 Sec 402: Findings Sec. 403: Definitions 10. Noxious weed means any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health, or the environment. NRS Definitions “Noxious weed” means any species of plant which is, or is likely to be, detrimental or destructive and difficult to control or eradicate.

1)Invasive plants – What are they? a) State and Federal laws and regulations Federal Laws: Plant Protection Act of 2000 Sec 402: Findings Sec. 403: Definitions Subtitle A – Plant Protection (Sec 411 – 418) oUS Department of Agriculture given authority oSecretary of USDA declares list of noxious weeds oMakes it illegal to import, export, or move noxious weeds oRegulations that control movement & interstate commerce must be based on “sound science” & risk assessment oProvides for control of grasshoppers & Mormon crickets APHIS Animal and Plant Health Inspection Service - deals with inspections, import and export regulation

1)Invasive plants – What are they? a) State and Federal laws and regulations Federal Laws: Plant Protection Act of 2000 Sec 402: Findings Sec. 403: Definitions Subtitle A – Plant Protection (Sec 411 – 418) Subtitle B – Inspection and Enforcement (Sec 421 – 426) oSpecifies authority for inspection, surveillance, quarantine, seizure, treatment, and destruction of noxious weeds oSpecifies penalties for violations, enforcement by US Attorney General, and jurisdiction of US District Courts

1)Invasive plants – What are they? a) State and Federal laws and regulations Federal Laws: Plant Protection Act of 2000 Sec 402: Findings Sec. 403: Definitions Subtitle A – Plant Protection (Sec 411 – 418) Subtitle B – Inspection and Enforcement (Sec 421 – 426) Subtitle C – Miscellaneous Provisions oAllows cooperation between USDA & other agencies (federal, state, county, city, foreign governments; NGO’s, private) oRepeals superseded laws

1)Invasive plants – What are they? a) State and Federal laws and regulations Federal Laws: Plant Protection Act of 2000 Sec 402: Findings Sec. 403: Definitions Subtitle A – Plant Protection (Sec 411 – 418) Subtitle B – Inspection and Enforcement (Sec 421 – 426) Subtitle C – Miscellaneous Provisions Subtitle D – Authorization of Appropriations

1)Invasive plants – What are they? a) State and Federal laws and regulations Federal Laws: Plant Protection Act of 2000 Executive Order 13112: February 3, 1999 – Invasive Species “… to prevent the introduction of invasive species and provide for their control and to minimize the economic, ecological, and human health impacts that invasive species cause …”

1)Invasive plants – What are they? a) State and Federal laws and regulations Federal Laws: Plant Protection Act of 2000 Executive Order 13112: February 3, 1999 – Invasive Species Section 1. Definitions (a)“Alien species” means, with respect to a particular ecosystem, any species … that is not native to that ecosystem (e) “introduction” intentional or unintentional escape, release…of a species…as a result of human activity (f) “Invasive species” means an alien species whose introduction does or is likely to do harm to public health (g) “Native species” means, with respect to a particular ecosystem, any species that, other than the result of an introduction, historically occurred or currently occurs in that ecosystem. (i) “Stakeholders” means, but is not limited to, State, tribal, and local government agencies, academic institutions, the scientific community, nongovernmental entities … trade groups, commercial interests, and private landowners

1)Invasive plants – What are they? a) State and Federal laws and regulations Federal Laws: Plant Protection Act of 2000 Executive Order 13112: February 3, 1999 – Invasive Species Section 1. Definitions Section 2. Federal Agency Duties oIf a Federal agency’s action may affect an invasive species, then the agency must identify those actions oPrevent introduction, detect, control, monitor, research, and promote public education (subject to availability of appropriations) oNot authorize actions that would promote invasive species oCooperate with stakeholders

1)Invasive plants – What are they? a) State and Federal laws and regulations Federal Laws: Plant Protection Act of 2000 Executive Order 13112: February 3, 1999 – Invasive Species Section 1. Definitions Section 2. Federal Agency Duties Section 3. Invasive Species Council Section 4. Duties of the Invasive Species Council Section 5. Invasive Species Management Plan oCouncil includes Secretaries/Administrators of State, Treasury, Defense, Interior, Agriculture, Commerce, Transportation, & EPA oOversees implementation & cooperation oDevelop guidance to prevent and control invasive species oFacilitate networking and coordination oDevelop recommendations for international cooperation oPrepare & issue national Invasive Species Management Plan

1)Invasive plants – What are they? a) State and Federal laws and regulations Federal Laws: Plant Protection Act of 2000 Executive Order 13112: February 3, 1999 – Invasive Species Section 1. Definitions Section 2. Federal Agency Duties Section 3. Invasive Species Council Section 4. Duties of the Invasive Species Council Section 5. Invasive Species Management Plan Section 6. Judicial Review and Administration (a) This order is intended only to improve the internal management of the executive branch and is not intended to create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or any other person

1)Invasive plants – What are they? a) State and Federal laws and regulations Federal Laws: Plant Protection Act of 2000 Executive Order 13112: February 3, 1999 – Invasive Species National Management Plan: Final version, January 18, 2001 (A)Leadership and Coordination (B)Prevention (C)Early Detection and Rapid Response (D)Control and Management (E)Restoration (F)International Cooperation (G)Research (H)Information Management (I)Education and Public Awareness Location: Nevada’s coordinated weed strategy:

Nevada’s coordinated weed strategy Includes local, state, federal agencies, private sector. Uses USDA definition of noxious weeds Lists invasive species characteristics (more on this next week) Competitive Exotic Aggressive Economic loss Difficult to control Environmental degradation Easily spread Augment wildfire ‘Species of concern’ – cause large impact on environment and/or economy; not all on noxious weed list

Nevada’s coordinated weed strategy Includes local, state, federal agencies, private sector. Uses USDA definition of noxious weeds Lists invasive species characteristics ‘Species of concern’ – cause large impact on environment and/or economy; not all on noxious weed list Include: red brome, whitetops, yellow starthistle, cheatgrass, rush skeletonweed, saltcedar, knapweeds, thistles, medusahead, water milfoil.

References for State and Federal Laws & Regulations; follow links from: State of Nevada, Nevada Revised Statutes (see Chapter 555): State of Nevada, Nevada Administrative Code (see NAC-555): “Gateway” to state and federal government programs): (this link under construction) (this one works) Federal Noxious Weed List: