Notice of Intended Action

Noxious weeds, amendments to ch 58

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ARC 4151C

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Notice of Intended Action

Proposing rule making related to noxious weeds

and providing an opportunity for public comment

The Agriculture and Land Stewardship Department hereby proposes to amend Chapter 58, "Noxious Weeds," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in 2018 Iowa Acts, House File 2422.

State or Federal Law Implemented

This rule making implements, in whole or in part, 2018 Iowa Acts, House File 2422.

Purpose and Summary

The proposed amendments establish two priority lists of noxious weeds. One list identifies the noxious weeds for eradication, and the other list identifies the noxious weeds for control.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.

Public Comment

Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m.on December 26, 2018. Comments should be directed to:

Margaret Thomson

Iowa Department of Agriculture and Land Stewardship

Wallace State Office Building

502 East 9th Street

Des Moines, Iowa 50319

Fax: 515.281.6236

Email: margaret.thomson@iowaagriculture.gov

Public Hearing

A public hearing at which persons may present their views orally or in writing will be held as follows:

December 26, 2018

9 a.m.

Second Floor Conference Room

Wallace State Office Building

Des Moines, Iowa

Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.

Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rule-making actions are proposed:

Item 1. Amend rule 21—58.1(317) as follows:

21—58.1(317) Definition. Definitions. As used in this chapter, "sterile":

"Class A noxious weed for eradication" means a noxious weed determined by the department to be the highest priority for eradication of existing infestations and prevention of new infestations.

"Class B noxious weed for control" means a noxious weed determined by the department to be a priority for preventing new infestations and stopping the spread of the species.

"Sterile" means any plant or variety that is incapable of reproduction or which is either noninvasive or nonaggressive in that the plant does not spread into areas where it was not initially planted.

Item 2. Adopt the following new rule 21—58.4(317,87GA,HF2422):

21—58.4(317,87GA,HF2422) Noxious weed lists.

58.4(1) Class A noxious weeds for eradication. The following weed is included:

a. Palmer amaranth (Amaranthus palmeri).

b. Reserved.

58.4(2) Class B noxious weeds for control. The following weeds are included:

a. Canada thistle (Cirsium arvense).

b. Teasel (Dipsacus spp.) biennial.

c. Leafy spurge (Euphorbia esula).

d. Bull thistle (Cirsium vulgare).

e. Multiflora rose (Rosa multiflora).

f. European morning glory or field bindweed (Convolvulus arvensis).

g. All other species of thistles belonging in the genera of Cirsium and Carduus.

Item 3. Amend 21—Chapter 58, implementation sentence, as follows:

These rules are intended to implement Iowa Code section 317.25and 2018 Iowa Acts, House File 2422.

Agriculture and Land Stewardship Department

Open For Comments

This notice is open for comments for 17 more day(s). If you'd like to comment, select or click the text you wish to comment on in the document, or click the button below to make a general comment about the document. Comments will be collected through 12/26/2018

NOTE: You can also click the text in the document to make comments about specific sections.

Public Hearing

Official Document

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

View Official PDF

View the Iowa Administrative Bulletin for 12/5/2018.

View Bulletin

Administrative Rule References

The following administrative rule references were added to this document. You may click a reference to view related notices.

Rule 21-58.1 Rule 21-58.4

Iowa Code References

The following Iowa code references were added to this document. You may click a reference to view related notices.

Iowa Code 317.25

Keywords

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Definition Definitions Noxious weed lists
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