State and federal weed laws. 1)Invasive plants – What are they? a) State and Federal laws and...

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 555.005 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.


Nevada State Laws: Nevada Revised Statutes – Chapter 555• NRS 555.005 Definitions• NRS 555.010 Director [NV Dept. Ag.] authorized

1. Investigate the prevalence of2. Take the necessary action to control


Nevada State Laws: Nevada Revised Statutes – Chapter 555• NRS 555.005 Definitions• NRS 555.010 Director [NV Dept. Ag.] authorization• NRS 555.031 Weed control analyst: Creation

2. The person appointed must be scientist with master’s degree• NRS 555.033 Weed control analyst : Duties

1. Research biological methods of controlling noxious weeds2. Document the effectiveness of methods3. Develop strategies for managing


Nevada State Laws: Nevada Revised Statutes – Chapter 555• NRS 555.005 Definitions• NRS 555.010 Director [NV Dept. Ag.] authorization• NRS 555.031 & 555.033 Weed control analyst• NRS 555.130 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.


Nevada State Laws: Nevada Revised Statutes – Chapter 555• NRS 555.005 Definitions• NRS 555.010 Director [NV Dept. Ag.] authorization• NRS 555.031 & 555.033 Weed control analyst• NRS 555.130 Designation of noxious weeds• NRS 555.140 General powers and duties of state quarantine officer

1. … enforce the provisions of NRS 555.130 to 555.220• NRS 555.150 Eradication • NRS 555.160 Investigate & Notice• NRS 555.170 Neglect; action by county• NRS 555.180 Billing; hearing• NRS 555.190 City to reimburse county• NRS 555.200 Feds to reimburse State• NRS 555.202 – 555.217 Weed Control Districts


Nevada State Laws: Nevada Revised Statutes – Chapter 555• NRS 555.005 Definitions• NRS 555.010 Director [NV Dept. Ag.] authorization• NRS 555.031 & 555.033 Weed control analyst• NRS 555.130 Designation of noxious weeds• NRS 555.140 General powers and duties of state quarantine officer• NRS 555.150 Eradication• NRS 555.160 Investigate & Notice• NRS 555.170 Neglect; action by county• NRS 555.180 Billing; hearing• NRS 555.190 City to reimburse county• NRS 555.200 Feds to reimburse State• NRS 555.202 – 555.217 Weed Control Districts

Chapter 555 also has sections on nurseries, pesticides, and rodentcontrol districts


Nevada State Laws: Nevada Revised Statutes – Chapter 555

Nevada State Regulations: Nevada Administrative Code – Chapter 555



Nevada State Regulations: Nevada Administrative Code – Chapter 555• NAC 555.010 Designation of noxious weeds

See handout



Nevada State Regulations: Nevada Administrative Code – Chapter 555• NAC 555.010 Designation of noxious weeds• NAC 555.035 – 555.095 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 beon State list)

Provides powers, regulations, and procedures


Federal Laws: Plant Protection Act of 2000


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


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.


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 555.005 Definitions“Noxious weed” means any species of plant which is, or is likely to

be, detrimental or destructive and difficult to control or eradicate.


Federal Laws: Plant Protection Act of 2000• Sec 402: Findings• Sec. 403: Definitions• Subtitle A – Plant Protection (Sec 411 – 418)

o US Department of Agriculture given authorityo Secretary of USDA declares list of noxious weedso Makes it illegal to import, export, or move noxious weedso Regulations that control movement & interstate commerce

must be based on “sound science” & risk assessmento Provides for control of grasshoppers & Mormon crickets

APHIS Animal and Plant Health Inspection Service - deals with inspections, import and export regulation


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)

o Specifies authority for inspection, surveillance, quarantine, seizure, treatment, and destruction of noxious weeds

o Specifies penalties for violations, enforcement by US Attorney General, and jurisdiction of US District Courts


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

o Allows cooperation between USDA & other agencies (federal, state, county, city, foreign governments; NGO’s, private)

o Repeals superseded laws


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



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 …”



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



Executive Order 13112: February 3, 1999 – Invasive Species• Section 1. Definitions• Section 2. Federal Agency Duties

o If a Federal agency’s action may affect an invasive species, then the agency must identify those actions

o Prevent introduction, detect, control, monitor, research, and promote public education (subject to availability of appropriations)

o Not authorize actions that would promote invasive species o Cooperate with stakeholders



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

o Council includes Secretaries/Administrators of State, Treasury, Defense, Interior, Agriculture, Commerce, Transportation, & EPA

o Oversees implementation & cooperationo Develop guidance to prevent and control invasive specieso Facilitate networking and coordinationo Develop recommendations for international cooperationo Prepare & issue national Invasive Species Management Plan



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



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: http://www.invasivespeciesinfo.gov/docs/council/mpfinal.pdf

Nevada’s coordinated weed strategy:

Nevada’s coordinated weed strategy

http://agri.nv.gov/nwac/weed%20plan.pdf

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

http://agri.nv.gov/nwac/weed%20plan.pdf

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): http://www.leg.state.nv.us/NRS/

State of Nevada, Nevada Administrative Code (see NAC-555): http://www.leg.state.nv.us/NAC/

“Gateway” to state and federal government programs): http://www.invasivespecies.gov/ (this link under construction)http://www.invasivespeciesinfo.gov/ (this one works)

Federal Noxious Weed List: http://www.aphis.usda.gov/ppq/permits/fnwsbycat-e.PDF

http://www.aphis.usda.gov/ppq/weeds/

http://www.leg.state.nv.us/NRS/

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State and federal weed laws. 1)Invasive plants – What are they? a) State and Federal laws and...

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