Montana Administrative Register Notice 4-19-257 No. 8   04/26/2019    
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In the matter of the amendment of ARM 4.5.208 pertaining to the state noxious weed list.






TO: All Concerned Persons


            1. On May 22, 2019, at 9:00 a.m., the Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, at 302 N. Roberts, in Helena, Montana, to consider the proposed amendment of the above-stated rule.


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 May 17, 2019, to advise us of the nature of the accommodation that you need. Please contact Cort Jensen, Department of Agriculture, P.O. Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-3144; fax (406) 444-5409; or e-mail agr@mt.gov.


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


            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) Tansy ragwort (Senecio jacobaeaˌ Jacobaea vulgaris);

(b) Meadow hawkweed complex (Hieracium caespitosumˌ H. praealtumˌ H. floridundumˌ and Pilosella caespitosa);

(c) Orange hawkweed (Hieracium aurantiacumˌ Pilosella aurantiaca);

     (d) Tall buttercup (Ranunculus acris);

          (e) Perennial pepperweed (Lepidium latifolium);

          (f) Yellowflag iris (Iris pseudacorus);

(g) Eurasian watermilfoil complex (Myriophyllum spicatum and M. sibericum);

(h) Flowering rush (Butomus umbellatus); and

(i) Common buckthorn (Rhamnus cathartica).; and

(j) Ventenata (Ventenata dubia).


AUTH: 80-7-802, MCA

IMP: 7-22-2101, MCA


REASON: The Noxious Weed Listing Workgroup met March 21, 2019, and recommended Ventenata dubia (Ventenata) be added as a Priority 2A noxious weed. Ventenata is an aggressive winter annual grass that can outcompete native vegetation and other invasive plants, including cheatgrass. It tends to occupy rights-of-way, riparian areas, grasslands, agronomic fields, and rangeland. Ventenata is known to negatively impact forage and cropland production, wildlife habitat, nutrient cycling, and fire/disturbance cycling.  Infestations have been confirmed in 19 Montana counties as of 2018 spanning from Flathead County to Rosebud County.  Sanders and Gallatin Counties have already declared it as a listed noxious weed. Because infestation size and spread are largely unknown, listing Ventenata as a Priority 2A noxious weed will allow counties to prioritize the species as needed.


ECONOMIC IMPACT: Fiscal impacts associated with adding Ventenata to the noxious weed list are unknown at this time.  Department of Agriculture Noxious Weed Program staff recommend a statewide survey be conducted to determine the number of acres infested in Montana. Few control options currently exist and are estimated to cost between $26-$75 per acre.


            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, P.O. Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-3156; fax (406) 444-5409; or e-mail agr@mt.gov, and must be received no later than 5:00 p.m., May 31, 2019.


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


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



/s/ Cort Jensen                                           /s/ Ben Thomas                                          

Cort Jensen                                                Ben Thomas

Rule Reviewer                                            Director



Certified to the Secretary of State April 16, 2019.


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