Horticulture

Notice of Proposed Rulemaking - Invasive Plants

The Maine Department of Agriculture, Conservation and Forestry is proposing amendments to CMR 01-001 Chapter 273: Criteria For Listing Invasive Terrestrial Plants. A public hearing is scheduled for December 8, 2016, 9:30 – 12:30 AM at the Marquardt Building, 32 Blossom Lane, Room 118 in Augusta, Maine. Please enter through door D7 on the east side of the building.

If you cannot attend the hearing, written comments will be accepted until COB on Friday, December 16, 2016.  Submit written comments by email to gary.fish@maine.gov or mail to: Division of Animal and Plant Health, 28 State House Station, Augusta, ME 04333

All comments are welcome, but please make them relevant to the proposal and include suggested revisions. If you have questions you can contact Gary Fish at 207-287-7545.

Proposed Rule Changes

The proposed amendments to Chapter 273 will make it illegal to import, export, buy, sell, or propagate any living and viable portion of any listed plant species which includes all of their cultivars, varieties and hybrids. It will allow for the sale of plants that are already growing or in the channels of trade at the time the rule is adopted until December 31, 2017.

A copy of the proposed changes, including the list of plant species can be found at www.maine.gov/dacf/php/plant_health/TempRules/DraftRule.doc

Background/Justification

Invasive plants are a direct threat to what we value about Maine's natural and working landscapes. The aggressive growth of invasive plants increases costs for agriculture, can affect forest regeneration, threatens our recreational experiences, and reduces the value of habitats for mammals, birds and pollinators. Species like Japanese barberry and multiflora rose can form thorny, impenetrable thickets in forests and agricultural fields.

Invasive species are the second-greatest threat to global biodiversity after loss of habitat. Invading plants out compete native species by hogging sunlight, water, nutrients, and space. They change animal habitat by eliminating native foods, altering cover, and destroying nesting opportunities. Some invaders are so aggressive they leave no room for our natives.

Rule Development/History

Starting in 2006 the horticulture industry formally discussed the need to regulate terrestrial invasive plants. The general consensus from the group was they needed to be part of the solution by supporting regulations and not adding to the existing problems. Since then, VT, NH, MA and CT have all passed regulations regarding the sale and/or possession of invasive terrestrial plants.

In 2007 the DACF was directed by the legislature to study invasive terrestrial plants with Commissioner appointed stakeholder input. In 2009, the Legislature directed the Department to establish criteria for evaluating invasive terrestrial plants in rule. The original Chapter 273 was adopted in December of 2011.

Since then the stakeholder group used the criteria established in rule to develop the proposed plant list. Plants evaluated using this system are those that are commercially distributed.

In 2015 the Invasive Terrestrial Plants Committee (formerly just the stakeholder group) finished reviewing 38 plants to see if they met the criteria set forth in the 2011 rule. Thirty-three of the 38 plants were found to meet the criteria and five did not. Only plants that had full consensus from the regulated business and natural resource professionals on the committee were included on the proposed list.