Action | Proposal to establish regulations to eradicate, suppress, and prevent the dissemination of noxious weeds in the Commonwealth |
Stage | Final |
Comment Period | Ended on 1/28/2015 |
January 22, 2015
Andres Alvarez, Director
Division of Consumer Protection
Virginia Department of Agriculture and Consumer Services
P.O. Box 1163
Richmond, Virginia 23218
RE: 2VAC5-317. Regulations for the Enforcement of the Noxious Weeds Law
Dear Mr. Alvarez,
Thank you for the efforts of the Virginia Department of Agriculture and Consumer Services (VDACS) to strengthen regulations governing the listing, movement and treatment of certain non-native invasive plants within the Commonwealth. Arlington County considers invasive plants to be the greatest and most immediate threat to Arlington’s natural lands and native plant communities. Arlington County is pleased that VDACS is expanding the list of plants classified as Tier 1 or Tier 2 noxious weeds in Virginia, and supportive of the establishment of a Noxious Weeds Advisory Committee to assist the department in the evaluation and risk assessment of plants that may be declared noxious weeds. However, 2VAC5-317 as currently proposed for final adoption does not provide the mechanisms needed to adequately address the economic and environmental impacts caused by non-native invasive plants.
Although the inclusion of 5 plant species as Tier 1 Noxious Weeds, and 3 species as Tier 2 in the regulation as proposed is a positive step, Imperata cylindrical (“Red Baron” cogon grass) is the only species currently listed that is sold in the nursery industry. As a result, the regulation as written fails to address the intentional introduction of invasive plants through retail trade. In addition, the definitions of Tier 1 and Tier 2 Noxious Weeds in the regulation as written, limit inclusion to plants “not widely disseminated in the Commonwealth”. This limitation prevents the listing of some of the most prevalent invasive plants as Noxious Weeds, some of which are currently sold in the nursery trade.
We urge VDACS to re-evaluate the criteria by which plants are classified as noxious weeds in 2VAC5-317, and incorporate the following changes into the regulation:
We urge VDACS to seriously consider the above changes proposed to 2VAC5-317 - Regulations for the Enforcement of the Noxious Weeds Law, and thank you for the opportunity to comment.
Sincerely,
Kurt Louis, Chief
Arlington County Parks and Natural Resources Division