Wyo. Code R. 010-0005-42
General Agency, Board or Commission Rules
Chapter 42: Wyoming Weed and Pest Control Act 1973
Effective Date: 04/07/2015 to Current
Rule Type: Current Rules & Regulations
Reference Number: 010.0005.42.04072015
Section 1. Authority. This Rule is promulgated pursuant to W.S. 11-5-119 of the Wyoming Weed and Pest Control Act(W.S. 11-5-101 through 11-5-119), hereinafter called the Act.
Section 2. Definitions. As used in this rule the following definitions shall apply:
(a) "District-wide" means the area contained within the boundaries of a weed and pest control district, including but not limited to all federal, state, county, private and municipally owned lands.
(b) "Individual Quarantine" shall mean an area owned or controlled by a single landowner within one weed and pest control district which has been quarantined.
(c) "Section of the State" means any portion of one or more weed and pest control district(s) larger than an area owned or controlled by one landowner in one weed and pest district.
(d) "State-wide" means the area contained within the boundaries of the State of Wyoming.
Section 3. Amendments to Designated List. The procedures for amending the Designated List are as follows:
(a) A person may propose an amendment for addition to or removal from the Designated List, which shall be presented in writing to a District Board;
(b) The District Board shall approve or disapprove the proposed amendment by motion at its next regular meeting and, if approved, a complete file shall be presented to the Wyoming Weed and Pest Council, including the following:
(i) A resolution prepared and signed by the District Board chairman;
(ii) Minutes from the meeting where the motion was approved by the District Board;
(iii) Species profile for the proposed weed or pest including scientific names and common names;
(iv) Known distribution within the State of Wyoming; and,
(v) Documented impacts which requires listing as a designated weed or designated pest.
(c) The Wyoming Weed and Pest Council shall approve or disapprove the District Board's proposed amendment at its next regular meeting and, if approved, shall prepare a joint resolution to be signed by the president and presented to the Board. The Board shall also be provided the complete file;
(d) The Board shall hold a public hearing to receive comments on the proposed amendment;
(e) After public comments are received, the Board shall approve or disapprove the proposed amendment by motion at its next regular meeting. If the proposed amendment is approved, the President of the Board shall co-sign the joint resolution. The Board shall advise the Wyoming Weed and Pest Council of its action;
(f) The Board shall notify the public of its action through publication in a newspaper of general circulation in the State and the Department of Agriculture website.
Section 4. Emergency Amendments to Designated List. The procedures for making an emergency amendment to the Designated List are as follows:
(a) A person may propose an amendment for addition to the Designated List, which shall be presented in writing to a District Board;
(b) The District Board shall approve or disapprove the proposed amendment by motion at a special or regular meeting and, if approved, a complete file shall be presented to the Director, including the following:
(i) A letter requesting an Emergency Designation of the weed or pest;
(ii) A resolution prepared and signed by the District Board chairman;
(iii) Minutes from the meeting where the motion was approved by the District Board;
(iv) Species profile of the proposed weed or pest including scientific names and common names;
(v) Distribution of the proposed weed or pest within the State of Wyoming;
(vi) Reasons for the emergency including how the species is having an impact statewide, or on sections of state encumbering more than one district which requires listing; and,
(vii) Proposed control activities.
(c) Following consultation with the President of the Board and the President of the Wyoming Weed and Pest Council, the Director shall approve or disapprove the motion within (5) business days of receiving the file;
(i) Non action on the part of the Director within the five (5) business days shall be deemed a disapproval of the proposed amendment.
(d) The Director shall notify the District Board of his decision in writing;
(i) If approved, the Director shall notify the District Board of the expiration date of the emergency amendment not to exceed one (1) year or until formal action can be taken under Section 3 of this Chapter.
(e) The Director shall notify the public of the approved emergency amendment through publication in a newspaper of general circulation in the State and on the Department's website;
(f) District Boards shall post the approved emergency amendment at a location accessible to the public.
(g) Emergency amendments for a species shall not qualify for another emergency amendment within three (3) years.
(h) Approved emergency amendments and all documentation shall be forwarded to the Council for consideration under Section 3 of this Chapter.
(a) If a District Board desires to participate in Declared Pest and Declared Weed programs for the control of weeds and pests not included in the designated list as provided in W.S. 11-5-105(b)(vi), the procedure for having a weed or pest declared is as follows:
(i) A person may propose an amendment for addition or removal from a District Boards Declared weed and pest program, which shall be presented to the District Board with jurisdiction over the boundaries presented in the proposal;
(ii) The District Board shall hold a public hearing to receive comments on the proposed amendment; and
(iii) Following the hearing the District Board shall approve or disapprove the proposed amendment by motion at the next scheduled meeting.
(iv) If the District Board approves an amendment for the removal of a declared weed or a declared pest, then the District Board shall notify the Wyoming Weed and Pest Council and the Board of its action and the amendment shall take effect immediately.
(v) If the approved amendment is for the addition of a declared weed or a declared pest, then:
(A) The District Board chairman shall prepare and sign a resolution and present it to the Wyoming Weed and Pest Council;
(B) The Wyoming Weed and Pest Council shall approve or disapprove the District Board's resolution at its next regular meeting and, if approved, the President shall sign the resolution and present it to the Board;
(C) The Board shall approve or disapprove the proposed amendment by motion at its next regular meeting. If the proposed amendment is approved, the President of the Board shall sign the resolution. The Board shall advise the Wyoming Weed and Pest Council of its action.
(b) If a District Board has a declared weed or declared pest which has been added to the Designated List, then that weed or pest shall be automatically removed as a declared weed or declared pest.
Section 6. Emergency Amendments to a Declared List. The procedures for a district-wide emergency declaration of a weed or pest are as follows:
(a) A person may propose an amendment for addition of a weed or pest, which shall be presented in writing to the District Board;
(b) The District Board shall approve or disapprove the proposed amendment by motion at a special or regular meeting and, if approved, the District Board's chairman shall provide the following information to the Director:
(i) A letter of request for an Emergency Declaration of the weed or pest;
(ii) A resolution prepared and signed by the District Board chairman;
(iii) Minutes from the meeting where the motion was approved by the District Board;
(iv) Species profile of the proposed weed or pest include scientific names and common names;
(v) Distribution of the proposed weed or pest within the District boundaries;
(vi) Reasons for the emergency; and
(vii) Proposed control activities.
(c) Following consultation with the President of the Board and the President of the Wyoming Weed and Pest Council, the Director shall notify the District Board of his approval or disapproval on the resolution within (5) business days of receiving the file;
(i) Non action on the part of the Director within the five (5) business days shall be deemed a disapproval.
(ii) If approved, the Director shall notify the District Board of the expiration date for the emergency declaration not to exceed one (1) year or until formal action can be taken under Section 3 of this Chapter.
(d) The District Board shall post the approved emergency amendment at a location accessible to the public.
(e) Emergency amendments for a species shall not qualify for another emergency amendment within three (3) years.
(f) Approved emergency amendments and all documentation shall be forwarded to the Council for consideration under Section 5 of this Chapter.
Section 7. Request for Quarantine, General Requirements. Each request for a quarantine shall be accompanied by a sworn affidavit, which contains the following information:
(a) The area to be quarantined, if applicable;
(b) Infested object, item or farm products, to be quarantined;
(c) A statement that the person requesting the quarantine has found the lands, object, item, or farm products to be infested by insects, pests, weed seed, poisonous or injurious plants, or plant diseases, and that the requesting person has a reasonable belief that the infested object, item, or farm products from those land, are liable to spread the weed or pest to the injury and detriment of the state;
(d) The inspection and release procedures for the area or portion of the area, object, item or farm products; and
(e) The termination date of the quarantine, if such date is anticipated.
Section 8. State-wide Quarantine Against Importation of Farm Products.
(a) If a person residing within a District ascertains that insects, pests, weed seed, poisonous or injurious plants or plant diseases are likely to be introduced into Wyoming by the importation of the infested objects, items, farm products, or domestic animals and spread to the injury of others, that person may file a request for quarantine with the District Board, by providing such information as may be required by the District Board.
(b) The District Board shall approve or disapprove the request within forty-eight (48) hours after the request has been properly filed and, if approved, the Director must be provided with a copy of the request and all pertinent information, including the affidavit required by Section 7 of this Chapter and the District Board's minutes indicating the request for quarantine has been approved.
(c) Upon initial review of the person's request and the District Board's approval, the Director, if he ascertains that insects, pests, weed seeds, poisonous or injurious plants, or plant disease are likely to be introduced into Wyoming by the importation of farm products, domestic animals, or other objects, shall without unnecessary delay declare a State-wide quarantine for twenty (20) days.
(d) The Director shall hold a hearing within twenty (20) days of declaring the twenty (20) day quarantine to determine if a State-wide quarantine should continue.
(a) If two (2) or more districts desire a Section of the State to be quarantined, they shall provide the Director with the affidavit referred to in Section 7 of this Chapter, and the District Boards' minutes. These documents and a written request from the District Boards involved shall be provided to the Director with one letter of transmittal signed by the chairman of each District Board. The combined District Boards may request the Director to declare a Section of State quarantine for thirty (30) days and the Director shall do so without unnecessary delay.
(b) The District Boards involved shall hold a joint hearing not less than ten (10) days after notice of the hearing to continue the quarantine is published in a newspaper of general circulation within their Districts. At such hearing the District Boards shall determine if the Director should continue the quarantine. If the District Boards determine the Director should continue the quarantine, they shall provide the Director with the original quarantine request, the individual District Board requests, the consolidated request, copies of the findings, conclusions and the final requests of the District Boards and copies of the hearing transcripts. Upon receipt of these items, the Director shall continue the quarantine.
(c) In the event the District Boards do not concur, those districts which do concur shall transmit all documents to the Director by letter signed by all the concurring District Board chairmen. Upon receipt of such letter and documents, the Director shall convene a hearing in not less than ten (10) days of notice of the hearing to determine if the quarantine shall be continued.
(a) Districts seeking a quarantine under W.S. 11-5-116(b)(i) shall follow the directions in that subsection.
(b) District-wide quarantines shall be declared by the Director when the requesting District Board provides the Director with the affidavit referred to in Section 7 of this Chapter, the initial request, and proof of compliance with W.S. 11-5-116(b)(i), (ii) or (iii).
(a) The District Board shall notify the landowner in writing of its intent to request that the Director quarantine the land or portion thereof. The notice shall describe the lands to be quarantined and shall contain a notice of time and place for a hearing before the District Board. Such hearing, unless waived in writing, shall be held not less than ten (10) days nor more than twenty (20) days from the date of such notice. At the hearing the District Board shall determine by resolution adopted by a two-thirds (2/3) majority if a quarantine should be declared on such lands by the Director.
(b) If a District Board determines a quarantine should be declared by the Director, the District Board shall forward the request for quarantine, the affidavit required by Section 7 a certified copy of the District Board's resolution adopted by a two-thirds (2/3) majority of the board, and a copy of the hearing transcript to the Director who shall declare a quarantine.
(a) District-wide quarantines shall be declared by the Director when the requesting District Board provides the Director with the affidavit referred to in Section 7 of this Chapter and the initial request
(b) If farm products and equipment are not certified as free from insects, pests, weed seeds, poisonous or injurious plants, or plant disease or are not certified free from infested farm products that may be injurious and detrimental to the state, and no exceptions under W.S. 11-5-116(d)(i)-(iii) apply, then a District Board, its agent, or law enforcement may detain and inspect the vehicle and cargo carrying the farm products and equipment for visible insects, pests, weed seeds, poisonous or injurious plants, or plant disease.
(c) After inspection by the District Board, its agent, or law enforcement and the finding of infested farm products or equipment, the person making the finding shall:
(i) Inform the person in charge of the vehicle and/or the owner of the farm products or equipment of his findings;
(ii) Instruct the person in charge of the vehicle that the following remedial options are available:
(A) Return the cargo or equipment to its point of origin;
(B) Return the cargo or equipment to its point of origin or other designated site and clean the cargo or equipment to the point that no infestation is present;
(C) Take the cargo to a processing plant to have the infestation rendered harmless and/or cleaned to the point that no infested farm products are present;
(D) Change the destination of the cargo or equipment to a place where the infested farm products or equipment will not be detrimental; or
(E) Destroy the infested farm products in a manner that destroys the infesting agent; and (iii) Inform the person in charge of the vehicle and/or owner of the infested farm products or equipment of the right to appear at a hearing before the District Board if the person disagrees with the proposed remedies presented or the identity of the infestation. The person may appear at the hearing in person or through counsel. A person may waive the right to a hearing in writing.
(A) In the event the person in charge of the vehicle does not comply with options as specified in this Section and requests a hearing before the District Board, the hearing shall be held to disagree with the remedies or the identification of the infestation.
(d) If the agent and/or district supervisor does not find infested farm products upon completion of inspection of the cargo or equipment, the agent and/or district supervisor shall give the person in charge of the vehicle a certificate showing no infested farm products or equipment were found and that the vehicle and cargo are released. The certificate should also contain the date, time, place, vehicle's cargo description, and origin and destination of the load;
(e) The procedures outlined in this Section may be followed for the inspection of infested farm product and equipment shipments in the district-wide quarantine, statewide quarantine, and individual shipment quarantines.
(a) If a District does not have a District-wide quarantine against the movement of infested farm products or equipment into a District under W.S. 11-5-116(d), but has a reasonable belief that infested farm products or equipment are entering the District that may be injurious and detrimental to the state, the District Board, its agent, or law enforcement may detain the vehicle containing such products and equipment and inspect the vehicle and cargo using the procedures outlined in Section 12 of this Chapter.
(b) If the cargo is found to contain infested farm products or equipment the procedures in Section 12 (c) of this Chapter shall be followed.
(c) In addition to a hearing for the reasons stated in Section 12(c) of this Chapter, a hearing may also be held to determine if the infestation will be injurious and detrimental to the State.
(i) In the event the person in charge of the vehicle does not comply with the options as specified in Section 12(c) of this Chapter and waives his right to a hearing before the District Board, the waiver, the affidavit referred to in Section 7(b) - (e) of this Chapter, and the request for a quarantine shall be forwarded to the Director who upon receipt thereof, shall declare a quarantine and request the person in charge to follow the remedial options.
(ii) In the event the person in charge of the vehicle does not comply with the options as specified in Section 12(c) of this Chapter and a hearing is held and the District Board determines a quarantine should be declared, the District Board shall adopt a resolution to that effect. The resolution shall be forwarded along with the affidavit referred to in Section 7 of this Chapter and the request for quarantine to the Director who upon receipt thereof shall declare the quarantine.
(d) If the agent and/or district supervisor does not find infested farm products or equipment, the procedure in Section 12(d) of this Chapter shall be followed.
Section 14. Quarantine Termination Date. All quarantines, which do not contain a termination date, shall remain in effect until terminated by the same procedure under which the quarantine was initiated.
Section 15. Hearings.
(a) All hearings shall be held in compliance with the Wyoming Administrative Procedure Act.
(b) Under Section 12 and 13 of this Chapter, hearings before the District Board to disagree with remedial options, the identity of the weed or pest, or the injurious and detrimental determination must be requested within twenty-four (24) hours of notification of the findings.
(c) Under Section 12 and 13 of this Chapter, hearings before the District Board to disagree with their remedial options, the identity of the insects, pests, weed seeds, poisonous or injurious plants, or plant disease, or the injurious and detrimental determination, must be held within twenty-four (24) hours of receipt of the request for a hearing.
(d) All other hearings before a District Board can be requested at any time unless specified in the Rule and be held within the time frame allowed in accordance with the District Board's hearing rules and at the District Board's discretion.