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Statutes Text

Article - Agriculture




§9.5–101.

    (a)    In this title the following words have the meanings indicated.

    (b)    “Classify as a prohibited invasive plant” means the Secretary is including an invasive plant on the Consolidated List of Maryland Invasive Plant Species in accordance with §§ 9.5–301 and 9.5–301.1 of this title.

    (c)    “Committee” means the Invasive Plants Advisory Committee.

    (d)    “Consolidated List of Maryland Invasive Plant Species” means a list of plant species classified as prohibited invasive plants in accordance with §§ 9.5–301 and 9.5–301.1 of this title.

    (e)    “Early Detection Rapid Response (EDRR) plant species” means a nonnative plant species that:

        (1)    Is not yet widespread in the State but is at risk of:

            (i)    Becoming established as an invasive species; and

            (ii)    Causing significant damage; and

        (2)    (i)    Has been found in at least one native species habitat in the State; or

            (ii)    Has not yet been found in the State.

    (f)    “Expert assessor” means:

        (1)    An individual or a team within the Department or the Department of Natural Resources; or

        (2)    A qualified independent assessor.

    (g)    (1)    “Invasive plant” means any living part of a plant species or its subspecies that:

            (i)    Did not evolve in the State; and

            (ii)    If introduced within the State, will cause or is likely to cause, as determined by the Secretary:

                1.    Economic harm;

                2.    Ecological harm;

                3.    Environmental harm; or

                4.    Harm to human health.

        (2)    “Invasive plant” includes a commercial or noncommercial plant that is terrestrial or aquatic and meets the definition under paragraph (1) of this subsection.

    (h)    “Invasive plant species status assessment protocol” means a protocol based on the NatureServe’s 2004 protocol (“An Invasive Species Assessment Protocol: Evaluating Non–Native Plants for Their Impact on Biodiversity. Version 1.”).

    (i)    (1)    “Invasiveness rank” means a rank assigned to a nonnative species to signify its level of invasiveness based on the results of an invasive assessment protocol.

        (2)    “Invasiveness rank” includes an invasiveness significance ranking of high, medium, low, or insignificant.

    (j)    “Landscaping services” includes services for ornamental horticultural design, maintenance, and installation of living plants.

    (k)    “Prohibited invasive plant” includes invasive plant species that cause or are likely to cause severe harm within the State.

    (l)    “Qualified independent assessor” means an individual or a team that:

        (1)    Possesses at least 2 years of field experience in invasive plant species in Maryland or in nearby jurisdictions, including Washington, D.C., Delaware, New Jersey, New York, Pennsylvania, Virginia, and West Virginia; and

        (2)    Has assessed invasive plant species without supervision from the Department, the Department of Natural Resources, or the Committee.

    (m)    “Watch List” means a list of plant species that:

        (1)    Have been assessed by an expert assessor in accordance with § 9.5–301 of this title;

        (2)    Were not determined by the assessment to be eligible for classification as a prohibited invasive plant; and

        (3)    May be reassessed in the future.



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