§ 113A-222. Designation of noxious aquatic weeds. - North Carolina Statutes

§ 113A‑222. Designation of noxious aquatic weeds.

(a)        The Secretary, after consultation with the Director of theNorth Carolina Agricultural Extension Service, the Wildlife ResourcesCommission, and the Marine Fisheries Commission, and with the concurrence ofthe Commissioner of Agriculture, may designate as a noxious aquatic weed anyplant organism which:

(1)        Grows in or is closely associated with the aquaticenvironment, whether floating, emersed, submersed, or ditch‑bank species,and including terrestrial phases of any such plant organism;

(2)        Exhibits characteristics of obstructive nature and eithermassive productivity or choking density; and

(3)        Is or may become a threat to public health or safety or toexisting or new beneficial uses of the waters of the State.

(b)        A plant organism may be designated as being a noxiousaquatic weed either throughout the State or within specified areas within theState.

(c)        The Secretary shall designate a plant organism as a noxiousaquatic weed by rules adopted pursuant to Chapter 150B of the General Statutes.

(d)        The Secretary may modify or withdraw any designation of aplant organism as a noxious aquatic weed made previously under this section. Any modification or withdrawal of such designation shall be made following theprocedures for designation set out in this section. (1991, c. 132.)