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ID APA 02 TITLE 06 CHAPTER 10 02.06.10 RULES GOVERNING INVASIVE SPECIES 000. LEGAL AUTHORITY This chapter is adopted under the legal authority of Title 22, Chapter 19, Idaho Code, the Idaho Invasive

The rule specifies what the responsible agency must do to: (a) establish criteria for making a finding on whether an invasive species is present, (b) implement a procedure for processing a finding based on the record of events, and (c) develop, collect, and issue a notice identifying, at a minimum, (i) the species of invasive species or nonindigenous plant species, (ii) the facility, and (iii) the owner, lessee, or occupant of a facility to which an invasive species has been introduced, including a proposed management action to be taken. (1) INTRODUCTION The rule specifies what the responsible government agency must do to adopt the rule. The rule may contain regulations which are not enacted through this legislation. If a bill to enact the rule comes before the legislature, and becomes law, this law also becomes part of the rule. (2) AMENDMENTS (a) There are no legislative or legislative-level procedures for modifying or amending laws as part of any rule making; this section only provides procedures for modifying or amending a rule making. (b) The legislative and executive branches may review and consider changes to the rule making law when the rule is amended and adopted through the legislative process; the rule making process may result in changes in the rule which are intended to carry out the intent of existing law, unless otherwise identified. © In addition to changes in law, the rule making process may also result in changes in the requirements for making decisions pursuant to the rule. If this occurs, or a revised rule, at a later date, provides for more restrictive requirements than those in the original rule, the revised rule shall be considered an amended rule of this title and will continue to be considered an amended version of this title as applicable to the previous version of this chapter. (3) DEFINITIONS The definition of terms contained in this chapter is those currently in statute. Any other terms included in this chapter which are not currently in statute shall have the meaning given to them by statute. (a) “Responsible agency” means the federal or state agency designated by the legislature to be responsible for the regulation of all invasive species. “Responsible agency” shall include other governmental agencies having responsibilities for public protection.

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