Noxious Weeds; Update of Weed Lists

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 360 and 361

[Docket No. 98-063-1]

Noxious Weeds; Update of Weed Lists

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule and notice of public hearing.

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SUMMARY: We are proposing to amend the noxious weeds regulations by

adding Solanum tampicense Dunal (wetland nightshade) and Caulerpa

taxifolia (Mediterranean clone) to the list of aquatic weeds and

removing Ipomoea triloba Linnaeus from the list of terrestrial weeds.

We are also proposing to update the taxonomic names of two other weeds

currently listed and make one editorial change to the regulations.

These actions appear to be necessary to prevent the artificial spread

of noxious weeds into noninfested areas of the United States, to remove

unnecessary restrictions, and to make the regulations easier to

understand.

DATES: Consideration will be given only to comments received on or

before February 2, 1999. We will also consider comments made at a

public hearing to be held on January 6, 1999.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 98-063-1, Regulatory Analysis and Development, PPD, APHIS,

Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 98-063-1. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room. The public hearing will

be held at the USDA Center at Riverside, room 3B01, 4700 River Road,

Riverdale, MD. Picture identification is required. Parking is available

next to the building for a $2.00 fee (have quarters or $1 bills)

through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room. The public hearing will

be held at the USDA Center at Riverside, room 3B01, 4700 River Road,

Riverdale, MD. Picture identification is required. Parking is available

next to the building for a $2.00 fee (have quarters or $1 bills). The

nearest Metro Station is the College Park station on the Green Line,

and is within walking distance.

FOR FURTHER INFORMATION CONTACT: Ms. Polly Lehtonen, Botanist,

Biological Assessment and Taxonomic Support, PPQ, APHIS, 4700 River

Road Unit 133, Riverdale, MD 20737-1236, (301) 734-8896.

SUPPLEMENTARY INFORMATION:

Background

The noxious weed regulations were promulgated under authority of

the Federal Noxious Weed Act (FNWA) of 1974, as amended (7 U.S.C. 2801

et seq.), and are set forth in 7 CFR part 360. They contain

restrictions on the movement of listed noxious weeds into or through

the United States, but do not affect the movement of listed noxious

weeds that are moved solely intrastate.

Under the authority of the Federal Seed Act (FSA) of 1939, as

amended (7 U.S.C. 1551 et seq.), the U.S. Department of Agriculture

(USDA) regulates the importation and interstate movement of certain

agricultural and vegetable seeds and screenings. Title III of the FSA,

``Foreign Commerce,'' requires shipments of imported agricultural and

vegetable seeds to be labeled correctly and to be tested for the

presence of the seeds of certain noxious weeds as a condition of entry

into the United States. The Animal and Plant Health Inspection

Service's (APHIS's) regulations implementing the provisions of Title

III of FSA are found in 7 CFR part 361. A list of noxious weed seeds is

contained in Sec. 361.6. Paragraph (a)(1) of Sec. 361.6 lists species

of noxious weeds whose seeds have no tolerances applicable to their

introduction into the United States

ndition of entry

into the United States. The Animal and Plant Health Inspection

Service's (APHIS's) regulations implementing the provisions of Title

III of FSA are found in 7 CFR part 361. A list of noxious weed seeds is

contained in Sec. 361.6. Paragraph (a)(1) of Sec. 361.6 lists species

of noxious weeds whose seeds have no tolerances applicable to their

introduction into the United States.

In this document we are proposing to amend the noxious weed

regulations by adding two weeds to the list of aquatic weeds in

Sec. 360.200(a), removing another weed from the list of terrestrial

weeds in Sec. 360.200(c), and updating the taxonomy of two other

currently listed weeds. Also, since the FSA regulations in

Sec. 361.6(a) support the noxious weed regulations by prohibiting or

restricting the importation of the seeds of noxious weeds listed in

Sec. 360.200, we are proposing to amend the noxious weed seed list in

Sec. 361.6(a) accordingly.

Addition of Solanum tampicense

The FNWA defines a noxious weed as ``any living stage (including

but not limited to, seeds and reproductive parts) of any parasitic or

other plant of a kind, or subdivision of a kind, which is of foreign

origin, is new to or not widely prevalent in the United States, and can

directly or indirectly injure crops, other useful plants, livestock, or

poultry or other interests of agriculture, including irrigation, or

navigation or the fish or wildlife resources of the United States or

the public health.''

Solanum tampicense Dunal (wetland nightshade) is currently found in

five counties in southwestern Florida. Representatives of the Florida

Division of Plant Industry and the Florida Department of Environmental

Protection participated with APHIS in the New Pest Advisory Group

meeting for this species, and concluded that the species meets the

FNWA's definition of a noxious weed.

S. tampicense will grow as a perennial only in areas free of frost

rrently found in

five counties in southwestern Florida. Representatives of the Florida

Division of Plant Industry and the Florida Department of Environmental

Protection participated with APHIS in the New Pest Advisory Group

meeting for this species, and concluded that the species meets the

FNWA's definition of a noxious weed.

S. tampicense will grow as a perennial only in areas free of frost.

Therefore, Florida, and other areas that are generally free from frost,

are at risk for the establishment of the S. tampicense. The

establishment of S. tampicense in Florida could have both economic and

ecological consequences. Its prickly growth could inhibit access by

livestock to wetlands areas, a potentially serious dry-season problem.

It also has the potential to invade natural ecosystems and alter

current plant and animal habitats.

Listing this weed would help avert further introductions and help

prevent the artificial spread of the weed into noninfested areas of the

United States. Therefore, we are proposing to add S. tampicense to the

list of aquatic weeds in Sec. 360.200(a) and to the list of seeds with

no tolerances applicable to their introduction in Sec. 361.6(a)(1).

Addition of Caulerpa taxifolia (Mediterranean clone)

The Mediterranean clone of the green seaweed Caulerpa taxifolia has

invaded the Mediterranean coasts of France and Italy and now covers

thousands of acres of the coastal zone. This invasive, aquarium-bred

clone appears to have been introduced into the Mediterranean Sea from

the Monaco Aquarium in 1984. It covered approximately 1 square yard in

1984, spread to over 2 acres by 1989, and now covers over 10,000 acres,

extending from the shore to depths of over 250 feet. C. taxifolia

(Mediterranean clone) grows on both rocky and sandy bottoms, from

protected bays to exposed capes, and attains great densities, forming

monocultural stands whose impact has been compared to unrolling a

carpet across the bottom of the sea. In the regions where it is

established, C

cres by 1989, and now covers over 10,000 acres,

extending from the shore to depths of over 250 feet. C. taxifolia

(Mediterranean clone) grows on both rocky and sandy bottoms, from

protected bays to exposed capes, and attains great densities, forming

monocultural stands whose impact has been compared to unrolling a

carpet across the bottom of the sea. In the regions where it is

established, C. taxifolia (Mediterranean clone) has caused ecological

devastation by overgrowing and eliminating native seaweeds, sea

grasses, and invertebrates (such as corals, sea fans, and sponges) and

has caused economic damage by harming tourism and recreational diving

and creating a costly impediment to commercial fishing. No effective

eradication strategies have been identified for C. taxifolia

(Mediterranean clone).

France, Spain, and Australia have already banned the possession,

transport, and sale of C. taxifolia (Mediterranean clone), but it

continues to be available for importation and sale in the United States

for use in public and private aquariums. We believe that C. taxifolia

(Mediterranean clone), if released into the environment, presents a

risk of becoming established in the United States, thus threatening

coastal waters and coral reefs from North Carolina to Florida, the Gulf

of Mexico, southern California, Hawaii, Puerto Rico, the U.S. Virgin

Islands, Guam, and American Samoa.

Listing C. taxifolia (Mediterranean clone) as a Federal noxious

weed would

help prevent its introduction and spread into the natural environment

of the United States. Therefore, we are proposing to add C. taxifolia

(Mediterranean clone) to the list of aquatic weeds in Sec. 360.200(a)

and to the list in Sec. 361.6(a)(1).

Removal of Ipomoea triloba

. Virgin

Islands, Guam, and American Samoa.

Listing C. taxifolia (Mediterranean clone) as a Federal noxious

weed would

help prevent its introduction and spread into the natural environment

of the United States. Therefore, we are proposing to add C. taxifolia

(Mediterranean clone) to the list of aquatic weeds in Sec. 360.200(a)

and to the list in Sec. 361.6(a)(1).

Removal of Ipomoea triloba

The regulations also list Ipomoea triloba Linnaeus (little bell,

aiea morning glory) as a terrestrial noxious weed. The FNWA's

definition of ``noxious weed'' requires, in part, that such weeds be

``of foreign origin.'' I. triloba, however, according to an authority

on the family Convolvulaceae, is a species native to Florida, and

therefore is not within the scope of the FNWA. We concur with that

expert's determination and are, therefore, proposing to remove I.

triloba from the list of terrestrial weeds in Sec. 360.200(c) and from

the list of seeds with no tolerances applicable to their introduction

in Sec. 361.6(a)(1).

Miscellaneous

We are also proposing to update the taxonomy of Rottboellia

exaltata Linnaeus S. and Borreria alata (Aublet) de Candolle in the

terrestrial noxious weed list in Sec. 360.200(c) and the noxious weed

seeds list in Sec. 361.6(a)(1). The revised taxonomical names are

Rottboellia cochinchinensis (Lour.) W. Clayton and Spermacoce alata

(Aublet) de Candolle, respectively. We are proposing this action

because the revised taxonomic names are the names currently recognized

by the scientific community and the USDA Germplasm Resources

Information Network.

The noxious weeds listed in Sec. 360.200(a) fall under the heading

``Aquatic weeds.'' It has come to our attention that some weeds on that

list could be more appropriately described as ``wetland weeds.'' We

agree with that suggestion and are, therefore, proposing to rename the

heading of that list ``Aquatic and wetland weeds'' so that it more

accurately represents the list's contents.

Public Hearing

ous weeds listed in Sec. 360.200(a) fall under the heading

``Aquatic weeds.'' It has come to our attention that some weeds on that

list could be more appropriately described as ``wetland weeds.'' We

agree with that suggestion and are, therefore, proposing to rename the

heading of that list ``Aquatic and wetland weeds'' so that it more

accurately represents the list's contents.

Public Hearing

APHIS will host a public hearing to provide interested persons a

full opportunity to present their views regarding this proposal. The

hearing will be held on January 6, 1999, at the USDA Center at

Riverside, room 3BO1, 4700 River Road, Riverdale, MD.

A representative of APHIS will preside at the public hearing. Any

interested person may appear and be heard in person, by attorney, or by

other representative. Persons who wish to speak at the public hearing

will be asked to sign in, listing their names and organizations.

The public hearing will begin at 10:00 a.m. local time and is

scheduled to end at 12:00 p.m. local time. However, the hearing may be

terminated at any time after it begins if all persons desiring to speak

have been heard. We ask that anyone who reads a statement provide two

copies to the presiding officer at the hearing. If the number of

speakers at a hearing warrants it, the presiding officer may limit the

time for each presentation so that everyone wishing to speak has the

opportunity.

The purpose of the hearings is to give interested persons an

opportunity for oral presentations of data, views, and arguments.

Questions about the content of the proposed rules may be part of the

commenters' oral presentations. However, neither the presiding officer

nor any other representative of APHIS will respond to comments at a

hearing, except to clarify or explain provisions of the proposed rules.

Executive Order 12866 and Regulatory Flexibility Act

ortunity for oral presentations of data, views, and arguments.

Questions about the content of the proposed rules may be part of the

commenters' oral presentations. However, neither the presiding officer

nor any other representative of APHIS will respond to comments at a

hearing, except to clarify or explain provisions of the proposed rules.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.

For this action, the Office of Management and Budget has waived its

review process required by Executive Order 12866.

In accordance with 5 U.S.C. 603, we have performed an Initial

Regulatory Flexibility Analysis, set forth below, regarding the impact

of this proposed rule on small entities. We do not currently have all

the data necessary for a comprehensive analysis of the economic effects

of this rule on small entities. Therefore, we are inviting comments

concerning potential economic impacts. In particular, we are interested

in determining the number and kinds of small entities that may incur

benefits or costs from implementation of this proposed rule.

In accordance with 7 U.S.C. 2803 and 2809, the Secretary of

Agriculture is authorized to promulgate regulations to prevent the

movement of any noxious weed into the United States, or interstate,

except under conditions prescribed by the Secretary.

Addition of S. tampicense and C. taxifolia (Mediterranean clone)

ities that may incur

benefits or costs from implementation of this proposed rule.

In accordance with 7 U.S.C. 2803 and 2809, the Secretary of

Agriculture is authorized to promulgate regulations to prevent the

movement of any noxious weed into the United States, or interstate,

except under conditions prescribed by the Secretary.

Addition of S. tampicense and C. taxifolia (Mediterranean clone)

This proposed rule would add Solanum tampicense (wetland

nightshade) to the list of Federal noxious weeds. S. tampicense will

grow as a perennial only in areas free of frost, and is therefore a

threat to southern Florida and areas of the country with a climate

similar to that of southern Florida. S. tampicense is currently

established in five counties in southwestern Florida and could

potentially have economic consequences for livestock producers in those

areas. Its prickly growth may inhibit access by livestock to wetland

areas, a potentially serious dry-season problem.

The majority of cattle operations in the counties harboring

existing populations of S. tampicense are small entities. The extent to

which they would be adversely affected by the continued spread of S.

tampicense is not known. Preventing further introductions and

curtailing spread would have a positive economic impact on livestock

producers not yet affected.

The unchecked spread of S. tampicense may also have a negative

impact on natural ecosystems. Although the extent to which S.

tampicense could displace other natural species is not known, due to

the proximity of Everglades National Park to the currently affected

areas, the weed could potentially have harmful effects on natural

vegetation and wildlife. In responding to the potential harm caused by

S. tampicense to natural ecosystems, one or more small organizations or

governmental jurisdictions in affected areas could incur control costs

if the weed were to spread

s not known, due to

the proximity of Everglades National Park to the currently affected

areas, the weed could potentially have harmful effects on natural

vegetation and wildlife. In responding to the potential harm caused by

S. tampicense to natural ecosystems, one or more small organizations or

governmental jurisdictions in affected areas could incur control costs

if the weed were to spread. Although the size and magnitude of such

potential costs are not known, it is clear that the proposed rule, if

adopted, would help to ensure that the costs would be minimal or

nonexistent.

This proposed rule would also add Caulerpa taxifolia (Mediterranean

clone) to the list of aquatic noxious weeds. We believe that some

importers may currently be importing C. taxifolia (Mediterranean clone)

into the United States for use in public and private aquariums, but

data on the amount of C. taxifolia (Mediterranean clone) if any,

currently being imported into the United States is unavailable.

The unchecked spread of C. taxifolia (Mediterranean clone) into the

United States can, however, be expected to have a negative impact on

natural ecosystems, given its significant negative effects on the

regions in the Mediterranean where it is already established. In

responding to the potential harm caused by C. taxifolia (Mediterranean

clone) to natural ecosystems, one or more organizations or governmental

jurisdictions in affected areas could incur control costs if the weed

were to be introduced into the environment. Although the size and

magnitude of such potential costs are not known, it is clear that the

proposed rule, if adopted, would help to prevent the need for such

expenditures.

We therefore believe that adding S. tampicense and C. taxifolia

(Mediterranean clone) to the list of Federal noxious weeds would help

preclude potential economic and ecological consequences that could

result from their spread.

Removal of Ipomoea triloba

such potential costs are not known, it is clear that the

proposed rule, if adopted, would help to prevent the need for such

expenditures.

We therefore believe that adding S. tampicense and C. taxifolia

(Mediterranean clone) to the list of Federal noxious weeds would help

preclude potential economic and ecological consequences that could

result from their spread.

Removal of Ipomoea triloba

We are proposing to remove Ipomoea triloba (little bell, aiea

morning glory) from the list of Federal noxious weeds because it has

been determined that I. triloba is a species native to Florida. Native

species are not within the scope of the FNWA, and we therefore have no

authority to continue to regulate I. triloba as such. The delisting of

I. triloba could have a slightly positive economic impact on importers

of agricultural and vegetable seed, whose shipments would no longer be

delayed or refused at the port of entry due to contamination with I.

triloba.

Alternatives Considered

The only significant alternative to this proposed rule would be to

make no changes in the regulations, i.e., to not add S. tampicense and

C. taxifolia (Mediterranean clone) to the list of Federal noxious weeds

and to retain I. triloba on that list. We have rejected the alternative

of not listing S. tampicense and C. taxifolia (Mediterranean clone) as

Federal noxious weeds because of the potential economic and ecological

consequences that we believe would result from their spread. We have

also rejected the alternative of retaining I. triloba on the list of

Federal noxious weeds because it has been determined that I. triloba is

a species native to Florida. Native species are not within the scope of

the FNWA, and we therefore have no authority to continue to regulate I.

triloba as such.

Executive Order 12372

consequences that we believe would result from their spread. We have

also rejected the alternative of retaining I. triloba on the list of

Federal noxious weeds because it has been determined that I. triloba is

a species native to Florida. Native species are not within the scope of

the FNWA, and we therefore have no authority to continue to regulate I.

triloba as such.

Executive Order 12372

This program/activity is listed in the Catalog of Federal Domestic

Assistance under No. 10.025 and is subject to Executive Order 12372,

which requires intergovernmental consultation with State and local

officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

This proposed rule has been reviewed under Executive Order 12988,

Civil Justice Reform. If this proposed rule is adopted: (1) All State

and local laws and regulations that are inconsistent with this rule

will be preempted; (2) no retroactive effect will be given to this

rule; and (3) administrative proceedings will not be required before

parties may file suit in court challenging this rule.

Paperwork Reduction Act

This proposed rule contains no new information collection or

recordkeeping requirements under the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.).

List of Subjects

7 CFR Part 360

Imports, Plants (Agriculture), Quarantine, Reporting and

recordkeeping requirements, Transportation, Weeds.

7 CFR Part 361

Agricultural commodities, Imports, Labeling, Quarantine, Reporting

and recordkeeping requirements, Seeds, Vegetables, Weeds.

Accordingly, we are proposing to amend 7 CFR parts 360 and 361 as

follows:

PART 360--NOXIOUS WEED REGULATIONS

1. The authority citation for part 360 would continue to read as

follows:

Authority: 7 U.S.C. 2803 and 2809; 7 CFR 2.22, 2.80, and

371.2(c).

Sec. 360.200 [Amended]

al commodities, Imports, Labeling, Quarantine, Reporting

and recordkeeping requirements, Seeds, Vegetables, Weeds.

Accordingly, we are proposing to amend 7 CFR parts 360 and 361 as

follows:

PART 360--NOXIOUS WEED REGULATIONS

1. The authority citation for part 360 would continue to read as

follows:

Authority: 7 U.S.C. 2803 and 2809; 7 CFR 2.22, 2.80, and

371.2(c).

Sec. 360.200 [Amended]

2. Section Sec. 360.200 would be amended as follows:

a. In paragraph (a), the paragraph heading would be revised to read

``Aquatic and wetland weeds.''

b. In paragraph (a), the list of noxious weeds would be amended by

adding, in alphabetical order, entries for ``Caulerpa taxifolia

(Mediterranean clone)'' and ``Solanum tampicense Dunal (wetland

nightshade)''.

c. In paragraph (c), the list of noxious weeds would be amended by

removing the entries for ``Borreria alata (Aublet) de Candolle'',

``Ipomoea triloba Linnaeus (little bell, aiea morning glory)'', and

``Rottboellia exaltata Linnaeus f. (itchgrass, raoulgrass)'', and by

adding, in alphabetical order, entries for ``Rottboellia

cochinchinensis (Lour.) W. Clayton'' and ``Spermacoce alata (Aublet) de

Candolle''.

PART 361--IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED

ACT

3. The authority citation for part 361 would continue to read as

follows:

Authority: 7 U.S.C. 1581-1610; 7 CFR 2.22, 2.80, and 371.2(c).

Sec. 361.6 [Amended]

4. In Sec. 361.6, paragraph (a)(1), the list of noxious weeds would

be amended as follows:

a. The entries for ``Borreria alata (Aublet) de Candolle'' and

``Ipomoea triloba L.'' would be removed.

b. The entry for ``Rottboellia cochinchinensis Clayon (=R. exaltata

(L.)L. f.)'' would be amended by removing the words ``Clayon (=R.

exaltata (L.)L. f.)'' and adding the words ``W. Clayton'' in their

place.

c. New entries for ``Caulerpa taxifolia (Mediterranean clone)'',

``Solanum tampicense Dunal (wetland nightshade)'', and ``Spermacoce

alata (Aublet) de Candolle'' would be added in alphabetical order.

for ``Rottboellia cochinchinensis Clayon (=R. exaltata

(L.)L. f.)'' would be amended by removing the words ``Clayon (=R.

exaltata (L.)L. f.)'' and adding the words ``W. Clayton'' in their

place.

c. New entries for ``Caulerpa taxifolia (Mediterranean clone)'',

``Solanum tampicense Dunal (wetland nightshade)'', and ``Spermacoce

alata (Aublet) de Candolle'' would be added in alphabetical order.

Done in Washington, DC, this 25th day of November 1998.

Craig A. Reed,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-32229 Filed 12-3-98; 8:45 am]

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