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 |
3 comments
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
January 27, 2015
Mr. Andrew Alvarez, Director
VDACS, Division of Consumer Protection
P.O. Box 1163
Richmond, VA 23218
RE: Recommendations for Regulations for Enforcement of Noxious Weed Law 2 VAC 5-317
Dear Mr. Alvarez:
The Arlington County Urban Forestry Commission has reviewed the proposed regulations for enforcement of noxious weed laws. The Commission submits the following comments to reiterate and expand upon its previous comments on the proposed regulations. We appreciate this opportunity to opine on the proposal from the Department of Agriculture and Consumer Services.
While the Commission is pleased that the Department has proposed to expand the list of noxious weeds and to include at least one plant that, at some point, has been sold in Virginia, we find that the modest expansions of the list Tier 1 and Tier 2 species fail to acknowledge the tremendous economic and environmental damage non-native invasive species inflict on agricultural and natural areas in Virginia. In addition, the failure to include any enforcement provisions represents a failure to address the seriousness and increasing long-term costs imposed by non-native, invasive plants in Virginia.
The Commonwealth of Virginia is far behind other states and other localities that have well-developed noxious weed laws and regulations. The longer we wait to develop effective controls of non-native invasive species, the more severe will be the economic and environmental damage and the higher the resulting costs to remedy the impacts.
We urge that the proposed regulations be redrafted to include a more comprehensive list of non-native invasive species based on the Department of Conservation and Recreation list of invasive alien plant species in our state. Species on this list currently not offered for sale should be banned from future sales; plants on this list that are currently for sale should be phased out from sale over time. If the Commonwealth of Virginia is unwilling to take such steps to control non-native invasives species, then local jurisdictions should be permitted to undertake eradication and suppression efforts.
In sum, we believe that the regulation as currently drafted is wholly inadequate and will result in very little impact on an increasingly urgent problem.
Sincerely,
Dean Amel, Chair
Arlington County Urban Forestry Commission
January 28, 2015
Andres Alvarez, Director
Division of Consumer Protection
Virginia Department of Agriculture and Consumer Services (VDACS)
P.O. Box 1163
Richmond, Virginia 23218
Topic: Proposed regulations regarding noxious weeds 2VAC5-317
Dear Mr. Alvarez,
The Virginia Native Plant Society thanks the Virginia Department of Agriculture and Consumer Services for the hard work that went into developing the proposed regulations for the enforcement of the Noxious Weed Law. We have long sought regulations for this law and see this as a very positive first step in the controlling or eradicating of the noxious weeds enumerated in these regulations.
We know that the challenges of managing invasive plants will continue and look forward to working with VDACS to take further action in protecting both our beautiful natural areas and our critical agricultural industry from the worst weeds that threaten them.
Sincerely,
Nancy Vehrs
President, Virginia Native Plant Society
www.vnps.org