Maryland § 9.5-301

§ 9.5-301.

    (a)    The Secretary, with the advice of the Secretary of Natural Resources and the Committee, shall:

        (1)    On or before October 1, 2024, adopt regulations that:

            (i)    Establish professionally recognized assessment protocols for invasive plants that:

                1.    Will serve as a basis for the regulatory approach for controlling invasive plants in the State;

                2.    Consider the harm, as determined by the Secretary, that invasive plants cause in the State, including:

                A.    Ecological harm; and

                B.    Environmental harm; and

                3.    May consider additional harm, as determined by the expert assessor, that invasive plants cause in the State, including:

                A.    Economic harm; and

                B.    Harm to human health;

            (ii)    Govern administrative orders that the Secretary may issue to enforce this subtitle; and

            (iii)    Establish a procedure for the approval required under § 9.5–302 of this subtitle for activities involving prohibited invasive plants.

        (2)    Subject to § 9.5–301.1 of this subtitle, on or before October 1, 2024, adopt regulations that:

            (i)    Establish a list of prohibited invasive plants in accordance with an assessment protocol adopted under paragraph (1) of this subsection;

            (ii)    Establish a procedure for classification or declassification of an invasive plant as a prohibited invasive plant;

            (iii)    Phase in the implementation of the requirements of this subtitle with consideration of the economic impact of these requirements on nurseries, landscapers, plant wholesalers, plant retailers, and any other industry; and

            (iv)    Establish a procedure for the disposal of prohibited invasive plants.

    (b)    (1)    The Secretary shall classify as a prohibited invasive plant each plant identified as invasive in the National Park Service’s and U.S. Fish and Wildlife Service’s Plant Invaders of Mid–Atlantic Natural Areas if the plant is assessed as an invasive plant species in accordance with subsections (c) and (d) of this section.

        (2)    Nothing in this section may be construed as limiting the Secretary’s authority to classify as a prohibited invasive plant an invasive plant not identified as invasive in the National Park Service’s and U.S. Fish and Wildlife Service’s Plant Invaders of Mid–Atlantic Natural Areas.

    (c)    (1)    In accordance with paragraph (2) of this subsection, an expert assessor shall:

            (i)    Assess a nonnative plant species established in natural areas within the State;

            (ii)    Determine the invasiveness rank of the nonnative plant species; and

            (iii)    1.    Notify the Committee that the nonnative plant species is assessed as an invasive plant if the invasiveness rank is high or medium; or

                2.    Notify the Committee that the nonnative plant species may be placed on the Watch List if the invasiveness rank is low or insignificant.

        (2)    In carrying out the requirements of paragraph (1) of this subsection, an expert assessor shall follow the invasive plant species status assessment protocol that includes consideration of ecological factors and environmental factors.

    (d)    (1)    In accordance with paragraph (2) of this subsection, an expert assessor shall:

            (i)    Assess an Early Detection Rapid Response (EDRR) plant species;

            (ii)    Determine the invasiveness rank of the EDRR plant species; and

            (iii)    1.    Notify the Committee that the EDRR plant species is assessed as an invasive plant if the invasiveness rank is high or medium; or

                2.    Notify the Committee that the EDRR plant species may be placed on the Watch List if the invasiveness rank is low or insignificant.

        (2)    In carrying out the requirements of paragraph (1) of this subsection, an expert assessor shall follow:

            (i)    The invasive plant species status assessment protocol if:

                1.    The EDRR plant species is present in at least one native species habitat in the State; and

                2.    The ecological and environmental impact of the species in the State may be effectively assessed under the protocol; and

            (ii)    An invasive plant risk assessment protocol if:

                1.    The EDRR plant species is not present anywhere in the State; or

                2.    A.    The EDRR plant species is present in the State; and

                B.    The ecological and environmental impact of the species in the State cannot be effectively assessed under the invasive plant species status assessment protocol.

    (e)    (1)    In accordance with § 9.5–205 of this title and paragraph (2) of this subsection, the Committee shall review the invasive plant species assessment conducted by an expert assessor.

        (2)    If the assessment is accurate and sufficient and the invasiveness rank is:

            (i)    High or medium, the Committee shall advise the Secretary to classify the plant as a prohibited invasive plant; or

            (ii)    Low or insignificant, the Committee shall place the plant on the Watch List.

        (3)    The Secretary shall determine whether to classify a plant species as a prohibited invasive plant on reviewing the advice of the Committee.