22-2404. STATE POWERS. (1) The director is authorized to:
(a) Investigate the subject of noxious weeds; and
(b) Require information, annual work plans and reports from each county and from each state agency as to the presence of noxious weeds and other information relative to noxious weeds and the control thereof; and
(c) To cooperate with agencies and persons in carrying out the director’s duties under this chapter, and to conduct matters outside this state in the interest of state noxious weed control; and
(d) Advise and confer as to the extent of noxious weed infestations and the methods of control; and
(e) Assist counties in the training of county weed superintendents; and
(f) Call and attend meetings and conferences dealing with the subject of noxious weeds; and
(g) Disseminate information and conduct educational campaigns independently or in cooperation with others; and
(h) Appoint a state noxious weed advisory committee, as provided by section 22-103, Idaho Code, to aid in the development and implementation of a statewide noxious weed management strategy, aid in evaluation of cost share projects and research proposals, and advise the director on matters pertaining to the state noxious weed program; and
(i) Procure materials and equipment; and
(j) Inspect and certify Idaho crops and imports and exports to verify freedom from noxious weeds, and authorize others to conduct such inspections and certification; and
(k) Enter on any public or private land at reasonable times for the purpose of carrying out the provisions of this chapter; and
(l) Apply to any court of competent jurisdiction for a search warrant authorizing access to any land where access was denied and sought for the purposes set forth in this chapter. The court may, upon such application, issue the search warrant for the purposes requested; and
(m) Perform such other acts as may be necessary or appropriate to the administration of the provisions of this chapter; and
(n) Cooperate with the federal government or any established agency thereof in any program of noxious weed control which shall be deemed advisable for the welfare of the people of the state of Idaho, accept any advisable program and make any necessary rules which are not in contradiction to the purposes of this chapter; and
(o) Accept any gift, grant, contract or other funds, or grants-in-aid from the federal government or other entities for noxious weed control purposes and account for such moneys as prescribed by the state controller, and all such funds are hereby appropriated to the purpose for which they are received; and
(p) Initiate agreements with federal agencies in accordance with applicable federal laws; and
(q) Control noxious weeds on federal land within the state, with or without reimbursement, and with the consent of the federal agency involved; and
(r) Take any appropriate action necessary to control or quarantine noxious weed infestations whenever an actual or potential emergency situation exists concerning noxious weed infestations anywhere in the state; and
(s) Initiate cooperative agreements with other agencies and states for the establishment and support of cooperative weed management areas; and
(t) Aid other weed control agencies or authorities in developing and implementing integrated weed management plans for control of noxious weeds; and
(u) Temporarily designate a weed as noxious for up to fifteen (15) months, after publication in a newspaper of general circulation serving the area of infestation; and
(v) Authorize the issuance of deficiency warrants for the purposes of defraying excess costs for the control of noxious weeds for emergency situations, in the event the actual cost for the control of noxious weeds in any one (1) year exceeds the appropriations made for that purpose. When so authorized the state controller shall draw deficiency warrants against the general account; and
(w) Allow the collection, removal and movement of noxious weeds by a researcher from an infested area in Idaho to a facility within Idaho when available within the state of Idaho for purposes of biological control research, so long as the following conditions are satisfied and certified by the researcher and the director in legally binding and notarized documents:
1. The director is notified in writing by the researcher the precise details of the proposed research project at least thirty (30) days prior to any contemplated collection, removal or movement of noxious weeds. The director and specialist staff shall conduct a review of the proposed research project and complete a written project approval plan that includes details of all appropriate actions that will be taken to ensure implementation and protection of the authority of the director as outlined in section 22-2403, Idaho Code, the state powers as outlined in section 22-2404, Idaho Code, the county duties as outlined in section 22-2405, Idaho Code, the county powers as outlined in section 22-2406, Idaho Code, the landowner duties as outlined in section 22-2407, Idaho Code, and the landowner and citizen powers as outlined in section 22-2408, Idaho Code. The researcher shall take no action prior to written approval from all control authorities. The written approval process shall also contain a notification to all other appropriate entities as outlined in this chapter;
2. The collection, removal and movement activities are certified in writing that they will be conducted using methods and protocols prescribed and generally accepted in the biological control research community that prevent the dissemination of noxious weeds;
3. The biological control agent that is the subject of the research is not a plant pest within the meaning of the plant pest act of 2002, an invasive species within the meaning of the invasive species act of 2008 or a viable noxious weed within the meaning of this chapter;
4. Viable noxious weeds, as determined by the department, are not reintroduced into the environment as a component or result of the biological control research;
5. Any articles, including but not limited to plant parts, that are collected for transport as part of biological control research must be destroyed or treated at the research facility in such a way as to destroy the viability of any plant pests, invasive species, hybrids and noxious weeds; and
6. The project is conducted in accordance with such other conditions as may be set in the written approval document by the director to ensure containment during collection, removal and movement of the noxious weed.
Penalties for intentional transportation or release of a biological control agent shall not exceed those established in the plant protection act (Title 7, USC 7734).
Should it be necessary to transport a biological control agent into or out of the state of Idaho all appropriate biological control protocols shall be followed as delineated by the appropriate federal agencies such as the USDA animal [and] plant health inspection service plant protection [and] quarantine (USDA APHIS PPQ).
None of the actions authorized in this paragraph shall be carried out until the director both outlines the actions and certifies to the board of examiners that the specific funding and personnel necessary for all actions is available within the current operational budget of the Idaho state department of agriculture.
(2) If at any time the director determines that the county commissioners have failed to cooperate or carry out their duties and responsibilities as a control authority, the director shall notify them of the deficiency, and suggest corrective action. If the situation is not satisfactorily corrected within seven (7) days after the time outlined in the director’s corrective action plan, the director shall initiate appropriate action and charge to the county all expenses including the hiring of necessary labor and equipment. Quarantine of specific crops or potential noxious weed propagating activities may be a part of the control program.
History:
[22-2404, added 1993, ch. 247, sec. 4, p. 863; am. 1994, ch. 180, sec. 18, p. 433; am. 1999, ch. 75, sec. 3, p. 215; am. 2006, ch. 225, sec. 3, p. 672; am. 2015, ch. 279, sec. 2, p. 1141.]