Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 4.5.206, 4.5.208, 4.5.209, and 4.5.210 pertaining to the state noxious weed list and regulated plant list

)

)

)

)

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO: All Concerned Persons

1. On June 23, 2015, at 2:00 p.m., the Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, at 302 N. Roberts, Helena, Montana, to consider the proposed amendment of the above-stated rules.

2. The Department of Agriculture will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Agriculture no later than 5:00 p.m. on June 15, 2015, to advise us of the nature of the accommodation that you need. Please contact Cort Jensen, Department of Agriculture, 302 N. Roberts, Helena, Montana, 59601; telephone (406) 444-3144; fax (406) 444-5409; or e-mail [email protected].

3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

4.5.206 PRIORITY 1A (1) These weeds are not present or have a very limited presence in Montana. Management criteria will require eradication if detectedˌ educationˌ and prevention:

(a) Yellow starthistle (Centaurea solstitialis), ~~and~~

(b) Dyer's woad (Isatis tinctoria)., and

AUTH: 80-7-802, MCA

IMP: 7-22-2101, MCA

REASON: The Noxious Weed Listing Workgroup has recommended that Common reed be added as a Priority 1A Noxious Weed. Common reed has the capacity to spread rapidly, form large monocultures and dense stands, and to replace native Phragmites subspecies as well as other native species. Common reed is a perennial grass that can be rhizomatous or stoloniferous, and can reach heights of six to nine feet. Typical habitat is wet or muddy areas in marshes, sloughs, and waterways. Common reed can grow in both saline and freshwater areas and tolerates low water levels. Small infestations have been confirmed in Hill County, Montana.

ECONOMIC IMPACT: The financial impact of adding Common reed will be minimal because of the few, isolated infestations, which are controllable.

4.5.208 PRIORITY 2A (1) These weeds are common in isolated areas of Montana. Management criteria will require eradication or containment of these weeds where less abundant. Management shall be prioritized by local weed districts:

(a) through (f) remain the same.

(g) Blueweed (Echium vulgare); ~~and~~

~~(h) Hoary alyssum (Berteroa incana).~~

(h) Eurasian watermilfoil (Myriophyllum spicatum); and

(i) Flowering rush (Butomus umbellatus).

AUTH: 80-7-802, MCA

IMP: 7-22-2101, MCA

REASON: The Noxious Weed Listing Workgroup has recommended that the noxious weed listing for Eurasian watermilfoil and Flowering rush be changed from Priority 2B to Priority 2A. The current Priority 2B designation does not reflect the current weed infestations and is more appropriately listed as a Priority 2A noxious weed. The change will give county weed districts greater flexibility in addressing control of these weed species.

The Workgroup also recommended that Hoary alyssum be reprioritized from Priority 2A to 2B. Hoary alyssum has become widespread in Montana and is better represented as a Priority 2B noxious weed, which are abundant in Montana and widespread in many counties.

ECONOMIC IMPACT: Change in prioritization on the noxious weed list will not have a fiscal impact because weed district management of these weed species is the same whether listed as a Priority 2A or 2B.

4.5.209 PRIORITY 2B (1) These weeds are abundant in Montana and widespread in many counties. Management criteria will require eradication or containment of these weeds where less abundant. Management shall be prioritized by local weed districts:

(a) through (o) remain the same.

~~(p) Flowering rush (Butomus umbellatus);~~

~~(q) Eurasian watermilfoil (Myriophyllum spicatum); and~~

~~(r)~~ (p) Curlyleaf pondweed (Potamogeton crispus).; and

(q) Hoary alyssum (Berteroa incana).

AUTH: 80-7-802, MCA

IMP: 7-22-2101, MCA

The Workgroup also recommended that Hoary alyssum be reprioritized as a Priority 2B. Hoary alyssum has become widespread in Montana and is better represented as Priority 2B, which lists weeds that are abundant in Montana and widespread in many counties.

4.5.210 PRIORITY 3 REGULATED PLANTS (NOT MONTANA LISTED NOXIOUS WEEDS) (1) These regulated plants have the potential to have significant negative impacts. The plant may not be intentionally spread or sold other than as a contaminant in agricultural products. The state recommends research, education, and prevention to minimize the spread of the regulated plant:

(a) and (b) remain the same.

(d) Brazilian waterweed (Egeria densa); and

(e) Parrot feather watermilfoil (Myriophyllum aquaticum or M. brasiliense).

AUTH: 80-7-802, MCA

IMP: 7-22-2101, MCA

REASON: The Noxious Weed Listing Workgroup has recommended that Brazilian waterweed and Parrot feather watermilfoil be added as regulated plants. Both of these plants are popular aquarium and water garden plants and may be introduced into Montana water bodies through aquarium dumps. Montana has one record of Parrot feather watermilfoil in Ravalli County. Idaho has confirmed an aquarium dump that included Brazilian waterweed into an irrigation ditch in the Boise area and confirmed an infestation in the colder water on the Snake River.

ECONOMIC IMPACT: Listing as a Priority 3 Regulated Plant will eliminate sale of these species in the state. This will have an economic impact to the pet trade because of loss of sales of existing aquarium plant stock and replacement purchase of other suitable aquarium plant material.

4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Cort Jensen, Department of Agriculture, 302 N. Roberts, Helena, Montana, 59601; telephone (406) 444-3144; fax (406) 444-5409; or e-mail [email protected], and must be received no later than 5:00 p.m., June 30, 2015.

5. Cort Jensen, Department of Agriculture, has been designated to preside over and conduct this hearing.

6. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.

7. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

9. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.

/s/ Cort Jensen /s/ Ron de Yong

Cort Jensen Ron de Yong

Rule Reviewer Director

Department of Agriculture

Certified to the Secretary of State May 18, 2015.