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:

• Utilize the Virginia Department of Conservation and Recreation’s (DCR) most current list of Invasive Alien Plant Species of Virginia as the basis for determining inclusion on the Noxious Weeds list.  Using this well-researched, science-based, comprehensive list as the basis for state regulation will have a far greater impact at limiting the introduction, dissemination and spread of invasive plants.

• Any species classified as highly or moderately invasive in the Virginia Department of Conservation and Recreation’s (DCR’s) most recent “Invasive and Alien Plant Species of Virginia” list, that are not currently in commercial production in VA, should be placed on the Tier 1 List of Noxious Weeds.

• Listing as a “Tier 1 noxious weed” forbids sale and movement of certain invasive plants known to do extensive damage.

• Any species classified as highly or moderately invasive in the Virginia Department of Conservation and Recreation’s (DCR’s) most recent “Invasive and Alien Plant Species of Virginia” list, that are currently in commercial production in VA, should be placed on the Tier 2 List of Noxious Weeds for a defined number of years to allow growers a chance to start producing alternative plants for sale.

• Require labeling of commercially available noxious weeds during the time that they are still permitted to be sold on the Tier 2 List (as noted above). The label shall include a warning stating that the species are invasive and shall include a listing of non-invasive alternative plant species.

• Phase out any species listed on the DCR list as invasive from commercial sale. For trees, growers should be prohibited from starting new plants once listed.  Trees currently in production would be allowed to be sold with a warning (see above), unless quarantined or restricted for other reasons. Other plants that are currently in production in Virginia may be continued to be sold for a defined number of years, unless quarantined or restricted for other reasons.

• Address whether successful eradication is likely/unlikely, and successful suppression is likely/feasible (as specified in definitions of Tier 1/Tier 2 Noxious Weeds in the regulation as currently proposed by VDACS) on a species-by-species basis, grouped as subcategories within Arlington’s proposed definitions of Tier 1 and Tier 2 species (above).

• Permit local jurisdictions to create lists of invasive plant species to be banned from sale and distribution within their jurisdiction.

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