1 / 30

State and federal weed laws

State and federal weed laws. Invasive plants – What are they? a) State and Federal laws and regulations. Nevada State Laws: Nevada Revised Statutes – Chapter 555 NRS 555.005 Definitions

sibley
Download Presentation

State and federal weed laws

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. State and federal weed laws

  2. 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.

  3. Invasive plants – What are they? • a) State and Federal laws and regulations • Nevada State Laws: Nevada Revised Statutes – Chapter 555 • NRS 555.005 Definitions • NRS 555.010 Director [NV Dept. Ag.] authorized • Investigate the prevalence of • Take the necessary action to control

  4. Invasive plants – What are they? • a) State and Federal laws and regulations • 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 weeds • 2.  Document the effectiveness of methods • 3.  Develop strategies for managing

  5. Invasive plants – What are they? • a) State and Federal laws and regulations • 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.

  6. Invasive plants – What are they? • a) State and Federal laws and regulations • 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 •  … 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

  7. Invasive plants – What are they? • a) State and Federal laws and regulations • 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 rodent • control districts

  8. 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

  9. 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 555.010 Designation of noxious weeds • See handout

  10. 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 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 be • on State list) • Provides powers, regulations, and procedures

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

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

  13. 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.

  14. 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 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.

  15. 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) • US Department of Agriculture given authority • Secretary of USDA declares list of noxious weeds • Makes it illegal to import, export, or move noxious weeds • Regulations that control movement & interstate commerce must be based on “sound science” & risk assessment • Provides for control of grasshoppers & Mormon crickets • APHIS Animal and Plant Health Inspection Service • - deals with inspections, import and export regulation

  16. 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) • Specifies authority for inspection, surveillance, quarantine, seizure, treatment, and destruction of noxious weeds • Specifies penalties for violations, enforcement by US Attorney General, and jurisdiction of US District Courts

  17. 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 • Allows cooperation between USDA & other agencies (federal, state, county, city, foreign governments; NGO’s, private) • Repeals superseded laws

  18. 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

  19. 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 …”

  20. 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 • “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

  21. 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 • If a Federal agency’s action may affect an invasive species, then the agency must identify those actions • Prevent introduction, detect, control, monitor, research, and promote public education (subject to availability of appropriations) • Not authorize actions that would promote invasive species • Cooperate with stakeholders

  22. 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 • Council includes Secretaries/Administrators of State, Treasury, Defense, Interior, Agriculture, Commerce, Transportation, & EPA • Oversees implementation & cooperation • Develop guidance to prevent and control invasive species • Facilitate networking and coordination • Develop recommendations for international cooperation • Prepare & issue national Invasive Species Management Plan

  23. 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

  24. 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 • Leadership and Coordination • Prevention • Early Detection and Rapid Response • Control and Management • Restoration • International Cooperation • Research • Information Management • Education and Public Awareness • Location: http://www.invasivespeciesinfo.gov/docs/council/mpfinal.pdf • Nevada’s coordinated weed strategy:

  25. 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

  26. 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.

  27. 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/

More Related