PROPOSED RULEMAKING
DEPARTMENT OF AGRICULTURE
[7 PA. CODE CH. 110]
Noxious Weeds
[30 Pa.B. 636] The Department of Agriculture (Department) proposes to amend the regulation in 7 Pa. Code § 110.1 (relating to noxious weed control list) to designate Lythrum salicaria (purple loosestrife), Lythrum virgatum and their cultivars and combinations thereof as ''noxious weeds.'' The Department also proposes to add Galega officinalis (Goatsrue) and Heracleum mantegazzianum (Giant Hogweed) to the noxious weed control list.
Statutory Authority
Sections 3(b), 8 and 9 of the Noxious Weed Control Law (act) (3 P. S. §§ 255.3(b), 255.8 and 255.9), respectively, require the Department to establish a noxious weed control list, prescribe certain plants to be included on that list and empower the Department to adopt regulations necessary to implement the act. The proposed amendment is advanced under authority of these statutory provisions.
Need for the Regulation
There is a compelling public need to protect this Commonwealth's wetland plant and animal populations from the threat posed by nonnative purple loosestrife, cultivars of the plants and cultivars that are combinations of native and nonnative purple loosestrife species.
The addition of Giant Hogweed to the noxious weed control list is necessary to provide the Department needed authority to control and eradicate this nonindigenous plant at the locations in Crawford, Erie, McKean, Venango and Warren Counties where it has appeared. The sap of this plant can cause rashes on the skin of persons with whom it comes into contact.
The addition of Goatsrue to the noxious weed control list will provide the Department needed authority to address the presence of this nonindigenous plant at the Philadelphia area location where it has been detected. This plant is toxic to livestock.
The proposed amendment meets the other relevant regulatory criteria described in Executive Order 1996-1 (''Regulatory Review and Promulgation'').
Background
Lythrum salicaria, commonly known as purple loosestrife, is a nonnative wetland plant that thrives in the absence of the insects and diseases that controlled it in Europe and Asia. It clogs waterways, crowds-out native plant species and decreases the population of animals that are dependent upon these native plant species for survival. For this reason the Department placed ''Lythrum salicaria,'' commonly known as ''purple loosestrife'' on the noxious weed control list in § 110.1. This regulatory change was published in 27 Pa.B. 1704 (April 12, 1997) and became effective on that date.
Since Lythrum salicaria was added to the noxious weed control list, the need to add other Lythrum species and their cultivars and combinations has become apparent. There are many cultivars (cultivated varieties) of purple loosestrife that are listed under species names other than Lythrum salicaria. These other species and cultivars present as great an environmental threat as does Lythrum salicaria. The proposed amendment addresses the threat posed by these plants.
Lythrum virgatum is a source of purple loosestrife cultivars. Like Lythrum salicaria, Lythrum virgatum is a European wetland plant that has been introduced into North America. These two species are very similar, differing in only several minor diagnostic characteristics. The two also cross pollinate freely. For these reason, a number of plant specialists consider Lythrum salicaria and Lythrum virgatum to be the same species. The fact that these plants intercross freely has also helped to blur scientific distinctions between cultivars of the two.
Until recently, the various ornamental purple loosestrife cultivars were thought to be sterile. As such, there would be no danger these plants could naturally cross breed with Lythrum salicaria and pass along genetic traits which might make purple loosestrife an even greater ecological threat than it is already. Recent research, though, has shown that no purple loosestrife cultivar is sterile.
Although most cultivars are sell-sterile (that is, incapable of reproducing alone), they produce large quantities of viable seed when functioning as either male or female parents in cross breeding with other cultivars and species of loosestrife. Bees and wasps are effective pollinators of loosestrife, and provide the means for cross pollination, even between plants that are a considerable distance from each other.
It is possible a relatively benign ornamental cultivar of indigenous purple loosestrife could cross breed with Lythrum salicaria and produce a new cultivar of purple loosestrife that combines the native species' tolerance of this Commonwealth's temperature extremes or its ability to thrive in areas other than wetlands with the aggressive growth characteristics and the disease resistant characteristics, or both, of Lythrum salicaria. This is not abstract speculation. Some genetic traits of Lythrum salicaria have already been found in cultivars of purple loosestrife.
Galega officinalis, commonly known as Goatsrue, is a nonnative plant that is on the Federal noxious weed list and is toxic to livestock. Goatsrue is only known to exist in this Commonwealth at an arboretum in the Philadelphia are.
Heracleum mantegazzianum, commonly known as Giant Hogweed, is a nonnative plant that is on the Federal noxious weed list and causes skin rashes on many persons who come into contact with it. The plant is only known to be present in this Commonwealth in Crawford, Erie, McKean, Venango and Warren Counties.
In light of the foregoing, the Department proposes to amend the regulation in § 110.1 to add all nonnative Lythrum species--including Lythrum salicaria, Lythrum virgatum, their cultivars and combinations thereof--as well as Galega officinalis and Heracleum mantegazzianum, to the noxious weed control list.
Section 3(c) of the act requires the Noxious Weed Control Committee hold a hearing before adding plants to the noxious weed control list. This hearing was held on August 20, 1998, at which time the Noxious Weed Control Committee voted its unanimous approval of the proposed regulation.
Persons Likely to be Affected
The act affects owners of lands upon which noxious weeds are located, as well as entities which produced or market noxious weeds. The proposed amendment will affect persons who own lands upon which the designated species, cultivars and combinations of purple loosestrife are located, and plant nurseries and similar establishments that sell or market ornamental varieties of purple loosestrife.
The amendment will also affect the Philadelphia-area arboretum where Goatsrue is known to be present.
The amendment will also affect owners of the 97 sites in Crawford, Erie, McKean, Venango and Warren Counties where Giant Hogweed is present.
Of the three plants proposed for inclusion on the noxious weed control list, only purple loosestrife cultivars are sold commercially as ornamental plants. In 1995, the Department surveyed 797 retail and wholesale plant sellers and only 39 (4.9%) handled purple loosestrife cultivars. Purple loosestrife sales were not a significant component of the business conducted by any of these 39 businesses. Since that survey, the Department has used its field personnel, trade publications and horticultural organization meetings to apprise the plant production industry of the forthcoming restrictions with respect to purple loosestrife. Most, if not all, of the businesses that once handled purple loosestrife no longer do so.
Fiscal Impact
Commonwealth The proposed amendment would impose no costs and have no fiscal impact upon the Commonwealth.
Political Subdivisions The proposed amendment would impose no costs and have no fiscal impact upon political subdivisions.
Private Sector The proposed amendment would impose no costs and have no applicable fiscal impact upon the private sector. Only a small percentage of this Commonwealth's plant nurseries and similar establishments ever handled purple loosestrife. Of those that did, sales of those plants comprised only a small part of their business. As a result of the nursery industry's awareness of the environmental threat posed by purple loosestrife and the fact the proposed amendment was forthcoming, it is believed the fiscal impact of this amendment upon the private sector will be insignificant.
The inclusion of Goatsrue and Giant Hogweed on the Noxious Weed Control List is not expected to result in significant costs to the private sector. These plants are present in relatively few locations in this Commonwealth, and can be eliminated without significant expense.
General Public The proposed amendment would impose no costs and have no fiscal impact upon the general public.
Paperwork Requirements
The proposed amendment would not result in an appreciable increase in paperwork.
Public Comment Period
The public comment period with respect to the proposed amendment is for 30 days from the date of publication in the Pennsylvania Bulletin.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on January 24, 2000, the Department submitted a copy of the proposed amendment to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and the Senate Standing Committees on Agriculture and Rural Affairs. In addition to submitting the proposed amendment, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has an objection to any portion of the proposed regulation, it will notify the Department within 10 days after the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by the portion of the proposed amendment with respect to which an objection is made. The Regulatory Review Act specifies detailed procedures for review of these objections by the Department, the General Assembly and the Governor prior to final publication of the proposed amendment.
Contact Person
Further information is available by contacting the Department of Agriculture, Bureau of Plant Industry, 2301 North Cameron Street, Harrisburg, PA 17110-9408, Attention: Will Mountain.
Sunset/Expiration Date
Although the proposed amendment would have no sunset date, its efficacy would be reviewed on an ongoing basis.
Effective Date
The proposed amendment would take effect on the date of final adoption.
SAMUEL E. HAYES, Jr.,
SecretaryFiscal Note: 2-117. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 7. AGRICULTURE
PART V. PLANT INDUSTRY
CHAPTER 110. NOXIOUS WEEDS § 110.1. Noxious weed control list.
Under section 3(b) of the Noxious Weed Control Law (3 P. S. § 255.3(b)), the Noxious Weed Control Committee establishes the following noxious weed control list:
* * * * * (2) [Lythrum salicaria, commonly known as purple loosestrife.] The Lythrum salicaria Complex: Any nonnative Lythrum including, Lythrum salicaria and Lythrum virgatum, their cultivars and any combinations thereof.
* * * * * (12) Heracleum mantegazzianum, commonly known as Giant Hogweed.
(13) Galega officinalis, commonly known as Goatsrue.
[Pa.B. Doc. No. 00-214. Filed for public inspection February 4, 2000, 9:00 a.m.]
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