id-02-0609-2503: Rules Governing Invasive Species and Noxious Weeds

Dear Senators NICHOLS, Zito, Semmelroth, and Representatives ANDRUS, Raymond, Mathias: The Legislative Services Office, Research and Legislation, has received the enclosed rules of the Department of Agriculture: IDAPA 02.06.09 - Rules Governing Invasive Species and Noxious Weeds-Proposed Rule (Docket No. 02-0609-2503). Pursuant to Section 67-454, Idaho Code, a meeting on the enclosed rules may be called by the cochairmen or by two (2) or more members of the subcommittee giving oral or written notice to Research and Legislation no later than fourteen (14) days after receipt of the rules' analysis from Legislative Services. The final date to call a meeting on the enclosed rules is no later than 11/24/2025. If a meeting is called, the subcommittee must hold the meeting within forty-two (42) days of receipt of the rules' analysis from Legislative Services. The final date to hold a meeting on the enclosed rules is 12/22/2025. The germane joint subcommittee may request a statement of economic impact with respect to a proposed rule by notifying Research and Legislation. There is no time limit on requesting this statement, and it may be requested whether or not a meeting on the proposed rule is called or after a meeting has been held. To notify Research and Legislation, call 334-4854, or send a written request to the address on the memorandum attached below. Page 1 of 1 Terri Kondeff Director MEMORANDUM TO: Rules Review Subcommittee of the Senate Agricultural Affairs Committee and the House Agricultural Affairs Committee FROM: Legislative Drafting Attorney - Alli Olson DATE: November 07, 2025 SUBJECT: Department of Agriculture IDAPA 02.06.09 - Rules Governing Invasive Species and Noxious Weeds-Proposed Rule (Docket No. 02-0609-2503) Summary and Stated Reasons for the Rule The Idaho Department of Agriculture submits notice of a proposed rulemaking for the rules governing in- vasive species and noxious weeds, IDAPA 02.06.09. The Departments states that the rulemaking was initiated fortworeasons. First,toremovethepreviousprohibitionofwatercraftfromthetreatmentareaforQuaggamus- sels on the Snake River from Hansen Bridget to Pillar Falls. Second, to add Golden mussels to the Emergency Detection Rapid Response Invasive Species list. ISDA also states that this proposed rule mirrors the tempo- rary rule in Docket No. 02-0609-2502, which was immediately needed to protect public health and safety and reduce regulatory burden. Negotiated Rulemaking / Fiscal Impact The Department states that negotiated rulemaking was not conducted since it was not feasible because of theimmediateneedtoreleasethequarantineonthetreatmentareaandtolistGoldenmusselstoensureauthority for prevention efforts, including watercraft inspection. The Department states that there will be no impact to the general fund. Statutory Authority The Department appears to have the authority to promulgate this rule pursuant to section 22-1907, 22-2004, 22-2006, and 22-2403, Idaho Code. cc: Department of Agriculture Lloyd Knight *** PLEASE NOTE *** Paul Headlee, Deputy DirectMatt Drake, Manager Keith Bybee, ManagerApril Renfro, Manager Norma Clark, Manager Legislative Services OffResearch & Legislation Budget & Policy AnalysLegislative AuditsInformation Technology Statehouse, P.O. Box 83720 Tel: 208–334–2475 Boise, Idaho 83720–0054 legislature.idaho.gov Per the Idaho Constitution, all administrative rules may be reviewed by the Legislature during the next legisla- tive session. The Legislature has 3 options with this rulemaking docket: 1) Approve the docket in its entirety; 2) Reject the docket in its entirety; or 3) Reject the docket in part. Page 2 of 2 IDAPA 02 – DEPARTMENT OF AGRICULTURE 02.06.09 – RULES GOVERNING INVASIVE SPECIES AND NOXIOUS WEEDS DOCKET NO. 02-0609-2503 NOTICE OF RULEMAKING – PROPOSED RULE AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has initiated proposed rulemaking procedures. The action is authorized pursuant to Sections 22-1907, 22-2004, 22-2006, 22-2403, and 22-2412, Idaho Code. PUBLIC HEARING SCHEDULE: Apublic hearing concerning this rulemaking will be held as follows: Monday, November 17, 2025 10:00am – 11:00am Idaho State Department ofAgriculture 2270 Old Penitentiary Road Boise, ID 83714 Join by Virtual Meeting link found here Or on www.townhall.idaho.gov The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the agency address below. DESCRIPTIVE SUMMARY: The following is a nontechnical explanation of the substance and purpose of the proposed rulemaking: The purpose of this proposed rule is two-fold. First, to remove the previous prohibition of watercraft from the treatment area for Quagga mussel on the Snake River from Hansen Bridget to Pillar Falls. Second, add Golden mussel to the Emergency Detection Rapid Response (EDRR) Invasive Species list. Golden mussel is an aggressive bivalve aquatic mussel that has been found in California water delivery systems. Infestations have already impacted on the delivery of water for irrigation and municipal use, and treatment efforts are already with the current quagga mussel infestation found in Idaho. Adding Golden mussel to the EDRR list ensures adequate legal authority for prevention and response efforts in Idaho. Additionally, These rules mirror the temporary rule in Docket No. 02-0609-2502, which was immediately needed to protect public health and safety and reduce a regulatory burden. FEE SUMMARY: The following is a specific description of the fee or charge imposed or increased: No fee is being imposed or changed because of this rulemaking. FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year as a result of this rulemaking: There is no fiscal impact on the General Fund or dedicated funds because of this rulemaking. NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(1) and 67-5221(1)(j), Idaho Code, negotiated rulemaking was not feasible to conduct because of the immediate need to release the quarantine on the treatment area IdahoAdministrative Bulletin Page 22 November 5, 2025 – Vol. 25-11 DEPARTMENT OF AGRICULTURE Docket No. 02-0609-2503 Rules Governing Invasive Species & Noxious Weeds Proposed Rulemaking to allow access to the river. In addition, it was not feasible because the department needs the immediate listing of Golden mussel to ensure authority for prevention efforts, including watercraft inspection. INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, the following is a brief synopsis of why the materials cited are being incorporated by reference into this rule: No materials are incorporated by reference. ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the proposed rule, contact Lloyd Knight at (208)332-8615 or Lloyd.knight@isda.idaho.gov. Anyone may submit written comments regarding this proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or before November 26, 2025. DATED this 5th day of November, 2025. Lloyd B. Knight Deputy Director Idaho State Department ofAgriculture 2270 Old Penitentiary Road Boise, ID 83712 (208)332-8615 Email: Lloyd.knight@isda.idaho.gov THE FOLLOWING IS THE PROPOSED TEXT OF DOCKET NO. 02-0609-2503 (Only Those Sections WithAmendmentsAre Shown.) 02.06.09 – RULES GOVERNING INVASIVE SPECIES AND NOXIOUS WEEDS 130. EARLY DETECTION AND RAPID RESPONSE AQUATIC INVERTEBRATE INVASIVE SPECIES.