2005 Idaho Code - 22-2402 — DEFINITIONS

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 24
                                NOXIOUS WEEDS
    22-2402.  DEFINITIONS. As used in this chapter:
    (1)  "Agency" means:
    (a)  In the case of the federal government, any authority which exercises
    administrative control over defined areas of federal lands within the
    state of Idaho;
    (b)  In the case of the state of Idaho, any department, board, commission,
    or institution;
    (c)  In the case of local government, cities, counties and any legal
    subdivisions thereof, drainage districts, irrigation districts, canal
    companies, highway districts, or any special taxing district.
    (2)  "Applicable fund or account" means:
    (a)  In the case of the state of Idaho, the noxious weed account, which is
    hereby created and established in the dedicated fund and which shall be
    used exclusively for the purposes prescribed by this chapter;
    (b)  In each county, the noxious weed fund, which is hereby created and
    established and shall be maintained in each county and which shall be used
    exclusively for the purposes prescribed by this chapter.
    (3)  "Aquatic plant" means any plant growing in, or closely associated
with, the aquatic environment and includes, but is not limited to, riparian
plants.
    (4)  "Containment" means halting the spread of a weed infestation beyond
specified boundaries.
    (5)  "Control" means any or all of the following: prevention,
rehabilitation, eradication or modified treatments.
    (6)  "Control authority" means:
    (a)  On the state level, the director of the department of agriculture;
    (b)  On the county level, the board of county commissioners.
    (7)  "Cooperative weed management area (CWMA)" means a distinguishable
hydrologic, vegetative or geographic zone based upon geography, weed
infestations, climate or human-use patterns. Cooperative weed management areas
may be composed of a portion of a county, a county, portions of several
counties, or portions of one (1) or more states.
    (8)  "Department" means the Idaho department of agriculture.
    (9)  "Director" means the director of the department of agriculture or the
director's designated agent.
    (10) "Eradication" means the elimination of a noxious weed based on
absence as determined by a visual inspection by the control authority during
the current growing season.
    (11) "Integrated weed management plan (IWMP)" means a plan developed to
manage, control or eradicate a noxious weed(s) from a cooperative weed
management area or other weed management area. Integrated weed management
strategies may include, but are not limited to, prevention, cultural,
mechanical, chemical and biological methods.
    (12) "Land" means all soil or water or other growing medium.
    (13) "Landowner" means:
    (a)  The person who holds legal title to the land, except that portion for
    which another person has the right to exclude others from possession of
    the parcel; or
    (b)  A person with an interest in a parcel of land such that the person
    has the right to exclude others from possession of the parcel.
    (14) "Modified treatment" means treatment specified in an integrated weed
management plan.
    (15) "Noxious weed" means any plant having the potential to cause injury
to public health, crops, livestock, land or other property; and which is
designated as noxious by the director.
    (16) "Person" means  any individual, partnership, firm, agency,
corporation, company, society or association.
    (17) "Prevention" means:
    (a)  Any action that reduces the potential for the introduction or
    establishment of a plant species in areas not currently infested with that
    species; or
    (b)  Any action that deters the spread of noxious weeds.
    (18) "Quarantine" means the regulation of the production, movement, or
existence of plants, plant products, animals, animal products, or any other
article or material, or the normal activity of persons, to prevent or limit
introduction or spread of noxious weeds.
    (19) "Rehabilitation" means the process of reconditioning formerly weed
infested land to a productive or desirable condition.
    (20) "Riparian" means the green, vegetated areas along the edge of water
bodies like rivers, creeks, canals, lakes, springs, sloughs, potholes and
wetlands. They are the transition zone between upland and aquatic ecosystems.
Underlying saturated soil is a key feature in riparian areas.
    (21) "State noxious weed advisory committee" means an advisory committee
appointed by the director to advise and to assist in development, modification
and direction of a statewide noxious weed management strategy.
    (22) "Waters" means all the accumulations of water, surface and
underground, natural and artificial, public and private, or parts thereof
which are wholly or partially within, which flow through, or which border upon
the state.
    (23) "Weed control advisory committee" means a committee established by
weed control agencies or authorities, at the county level, or a steering
committee of a cooperative weed management area, to develop and to recommend
implementation of integrated weed management plans and strategies.