Some bamboos run into legal barriers - legislative updates - a wicked inconvenience

                                         

The noxious, invasive in some places invasive bamboo wars continue to grow and spread. In some sense they are 'popping up' as fast as the plant they have identified as their number one here and now enemy of the personal good.

The local weed warriors are challenged because their needs are not obvious to the disinterested rest of us, and because recent history has made an artificial division between agriculture's noxious weeds and ecology's invasive species. To the beleaguered property owner it is all the same destructive incursion and infestations that deny them the use of their property.  

Local and state government are slow to act because they count voted and so far the documented infestations of problematic bamboo are dwarfed by species such as mile-a-minute, buffelgrass, tamarisk and kudzu, and because the invaded properties do not yet equal a constituency that can sway elections - mostly because it is fragmented and divided as to particular species of concern or method of control. 

Who should pay to clean up the mess is the large elephant in our national political discussion from guns to energy, bamboo to atmospheric gas ratios, we have met the enemy and it is us. We do not want to pay for what we throw over our garden fences whether at the scale of an individual, a corporation or a nation-state.

We face a wicked inconvenience - plants that seem to misbehave are symptoms of our own unwillingness to take responsibility for our own actions. 

        

UPDATED 12-16- 2012                                                                                  INSTITUTE OF INVASIVE  BAMBOO  RESEARCH

Delaware:

1. Dover, DE                                                                                             Bamboo Ban http://bugwood.blogspot.com/2012/07/invasive-bamboo-outlawed-in-dover.html

http://www.wboc.com/story/18759824/dover-to-regulate-bamboo

2.Smyrna, DE                                                                                          10 foot set back http://search.municode.com/html/12853/level3/PTIITOCO_CH74VE_ARTIVBA.html

3.Lewis Park   Newark, DE                                                                    Bamboo Ban – destroying tennis court  http://www.cityofnewarkde.us/archives/61/Bamboo%20Removal_with%20photos.pdf

New York:

4.Hempstead, NY                                                                                   Bamboo Ban                                                                             http://elmontcivic.com/index.php/town-news/351-hempstead-town-adopts-legislation-to-ban-invasive-bamboo-on-local-properties

5.Brookhaven, NY                                                                                  Bamboo Ban                                                                     http://www.newsday.com/long-island/nassau/bamboo-ban-plans-reach-long-beach-brookhaven-1.3846701

http://www.northshoreoflongisland.com/Articles-News-i-2012-07-19-93156.112114-sub-Brookhaven-Town-Board-votes-to-ban-bamboo.html

6. Smithtown, NY                                                                                   10 foot set back                                                              http://ecode360.com/15100285?highlight=bamboo#15100285

7. Village of Branch, NY                                                                        10 foot set back                                                              http://villageofthebranch.homestead.com/bamboo.html

8. Saltaire, NY                                                                                         Bamboo Ban                                                                 http://www.saltaire.org/bamboo.pdf

9. Greenport Village, NY                                                                       Bamboo Ban                                                            http://suffolktimes.timesreview.com/2012/06/32943/greenport-village-considers-a-bamboo-ban/

10.Oyster Bay, NY                                                                                                                                                                 http://oysterbay.going.com/articles/tell-us-bamboo-epidemic-in-tobay-7b2ccb97

11.Long Beach, NY                                                                                                                                                                      http://longbeach.patch.com/groups/editors-picks/p/city-council-votes-to-restrict-bamboo-plantings

12. Woodsburgh, NY                                                                            Bamboo Ban                                             http://www.newsday.com/long-island/nassau/woodsburgh-restricts-bamboo-cats-dogs-1.2819294

13.Babylon Village, NY                                                                         Bamboo Ban         http://www.lilanduseandzoning.com/2012/09/11/several-long-island-municipalities-adopt-bamboo-restrictions/

14.New York *called upon to add to states invasive list               unanimous vote                     http://www.northshoreoflongisland.com/Articles-Opinion-i-2012-09-27-93819.112114-sub-Editorial-Council-should-be-the-panda.html

15. Islip, NY                                                                                            proposed                                                                                  http://sachem.patch.com/articles/islip-notebook-town-looks-to-limit-bamboo-growth

16.Lake Grove, NY                                                                                                                            http://www.northshoreoflongisland.com/Articles-News-i-2012-09-27-93884.112114-sub-Huntington-Town-seeks-state-aid-with-pesky-bamboo-plant.html

17.Huntington, NY                                                                               proposed Dec 18 2012 resolution hearing                                                                                                                         http://www.northshoreoflongisland.com/Articles-News-i-2012-09-27-93884.112114

18. Ocean Beach, Fire Island, NY                                                      Bamboo Ban                                                           http://www.ecode360.com/7717482

New Jersey:

19.Wall, NJ                                                                                                                    http://www.wallnj.com/legal/2012/2012-21.pdf

20. Raritan, NJ                                                                                      proposed                                                                                   http://www.nj.com/hunterdon-county-democrat/index.ssf/2012/10/public_works_superintendent_ba.html

21.Toms River, NJ                                                                                                                               http://tomsriver.patch.com/articles/toms-river-to-crack-down-on-invasive-plants

22.Brick, NJ                                                                                                                                                                               http://brick.patch.com/articles/brick-officials-work-to-curb-invasive-plants                                                                                                                                                       

23.Lacey, NJ                                                                                                                                                             http://lacey.going.com/articles/committee-to-vote-on-wild-plant-ordinance-at-meeting-thursday

24.Lake Como, NJ                                                                                 proposed                                                                   http://haleybehre.files.wordpress.com/2012/01/9-27-bamboo.pdf   

25.Manchester, NJ                                                                                                                                                            http://manchester-nj.patch.com/articles/environmental-commission-considers-invasive-plants-ordinance

26.Long Branch, NJ                                                                                                                 http://www.app.com/videonetwork759857/1823122521001/Homeowner-speaks-about-invasive-bamboo

Pennsylvania:

27. Concord, PA                                                                                       10 foot set back http://delconewsnetwork.com/articles/2012/10/09/garnet_valley_press/news/doc50743effc1905506029621.txt

28.West Bradford, PA                                                                             40 foot set back    http://www.westbradford.org/downloads/2011Ordinances/11-01Bamboo.pdf

29.Rutledge, PA                                                                                       10 foot set back                                      http://www.rutledgepa.org/wp-content/uploads/2012/05/bamboo-ord-461-dec-2011.pdf

30.Haverford, PA                                                                                                                       http://www.haverfordtownship.com/egov/docs/1317927418_850616.pdf

31.Middletown, PA                                                                         http://www.delcotimes.com/articles/2012/07/26/news/doc5010b9753a0e1332618081.txt

32.Rose Valley, PA                                                                                   proposed                                                                      http://www.rosevalleyborough.org/storage/minutes/rvbmins101012.pdf

33.Montgomery Township, PA                                                             proposed                                                     http://www.thereporteronline.com/apps/pbcs.dll/article?AID=%2F20121128%2FNEWS01%2F121129591&template=printart

34. Doylestown, PA                                                                                 Bamboo classified Noxious - height 8 inches                                  http://www.doylestownpa.org/Download/Ordinances/No%20%20353.pdf_brush_grass_weeds.pdf

Maryland:

35.Mount Rainier, MD                                                                            Bamboo Ban proposed            

http://www.wusa9.com/news/article/232369/158/Bamboo-Ban-Considered

36.Cambridge, MD                                                                                    proposed              http://www.choosecambridge.com/index.php/news/667/208/City-Council-Minutes/

37.College Park, MD                                                                                                         http://www.collegeparkmd.gov/temp/Temp%20Docs/11-O-04.Chapter125.BAMBOO.pdf

Massachusetts:

38.Cambridge, MA                                                                                    proposing possible ban          http://www.wickedlocal.com/cambridge/news/x555035388/Cambridge-City-Council-in-60-seconds#axzz2FP8kh9lR

North Carolina:

39.Carolina Beach, NC                                                                                  proposed                          http://islandgazette.net/news-server5/index.php/news/local-and-state-news/local/16908-carolina-beach-considers-prohibiting-uncontrolled-bamboo-growth

Rhode Island:

40.Nether Providence, RI                                                                             10 foot set  back                   http://www.trulia.com/blog/stephen_sisman/2012/06/a_29

http://mainlinemedianews.com/articles/2012/06/23/main_line_suburban_life/news/doc4fdf5391b2192265356167.txt?viewmode=fullstory

California:

41. Loma Linda, Ca                                                                                        Nuisance abatement                                                                                                                                http://www.lomalinda-ca.gov/asp/admin/CityCouncilDoc/getCDoc.asp?ID=293

               

Invasive species confusion confounds

Invasive species are everywhere. One man’s invasive species, feral animal, or weed is another one’s native plant, garden favorite or cherished pet. And even more troublesome are aggressive wandering opportunistic species that come with multiple uses for mankind. Kudzu, Pueraria montana (Lour.) Merr. var. lobata (Willd.) Maesen & S. Almeida, loose-strife, Lythrum salicaria L. and burdock, Arctium minus Bernh. were brought to North America for their medicinal, aesthetic and culinary uses. Kudzu, the invasive species, can provide a biofuel source, fiber for textiles, food through its starch content, forage and feed for cattle and other farm animals, pharmaceutical potential, arts and crafts, and a fragrant flower on a vine that could cover unsightly disturbances in landscape settings.  Purple loose-strife, an invasive species, has given the ornamental gardener a beautiful flower and garden workhorse that blooms through out the growing season oblivious to the damage of insects and diseases, withstanding a wide range of temperatures, and growing through flood and drought. Lesser burdock is also a medicinal and food source but interestingly enough gets classified as a weed rather than an invasive species.


The weed or invasive species question is a reflection of one’s point of view. If you are standing in a managed landscape, a garden or a farm, then a species that invades and reduce your harvest or your view, is a weed, and invader a pest to be removed. If you are standing in a natural area, park or wilderness than a species that comes in from other ecosystems, and is not native, is an invasive species that needs to be weeded, culled and removed. In both cases the best strategy is to detect the plant early and remove it at once. This is called is an Integrated Pest Management (IPM) strategy in managed landscapes and is called Early Detection and Rapid Response (EDRR) in natural landscapes. And while we are speaking about plants, the idea of perspective extends to animals. For example I have written about the third rail of invasive species issues, the feral cat (Are cats an invasive species - a wickedly inconvenient conversation), and I have also noted that the problem of invasive species context extends to insects too.

Invasive species are those that are transported by human activity easily and readily establish in new ecosystems. Taking advantage of our global trade they hitchhike on our human provided pathways. In this way they have spread with humanity across the earth. Mankind is perpetually disturbing or “plowing” the land. This chronic disturbance favors certain companion species that “travel” with us. Some of the species come with our knowledge and some come unbidden; the ability to survive and reproduce within a large range of conditions allow these invasive species to take advantage of and work with mankind’s grand disruption of local native or natural ecosystems.

It is easy to chastise ornamental gardeners for introducing new species of colorful plants that may escape or to rail against pet owners that discard over grown species into supposed natural recycling systems (Invasive issues and complicated species) The cost of mitigating the impact of invasive species has been calculated to be around 132 billion dollars) plants, animals, disease); the size of the nursery industry is approximately 140 billion dollars setting up a perfect storm of competing interests. However, things get more complicated when basic human need such as food or fuel is involved. We quickly forget that the major impetus behind kudzu and its spread was the search for a legume that could survive in the US southeast. The collision of desires that surround our pets and our interests, wants and needs clouds the issues of invasive species. Do we save the charismatic non indigenous swan (Wicked Invasive Swans) or save the native flora long the water’s edge? Considering the problems of invasive species is to take a look at our human activities and our place in the world. How will we resolve the conflict between our immediate needs versus our long term wants?

The Incredible Edible Invasive Species

What happens when we add value to an invasive species? Adding value means finding a market by creating a demand. How long before market pressure works to off set control and management of the now-in-demand invasive species? Ultimately, the question becomes how soon will enterprising individuals plant or raise species which are potentially or actively destructive to the ecosystem, region or biome?

“The Burlington Free Press says the land trust is hoping to expand its group of weed-pulling volunteers by teaching foodies that some invasive plants are welcome in the kitchen. Garlic mustard is good in pesto. Knotweed is similar to rhubarb and can be used in pie.”[1] Garlic mustard, Alliaria petiolata (Bieb.) Cavara & Grande , which I am pulling out by the pound in the hopes of not removing it by the ton, and Japanese knotweed, Polygonum cuspidatum Siebold & Zucc., which grows along the road edge near my house, are from my point of view weeds in my landscape. These two invasive plant species destroy the botanical and biological diversity that I prize, and do not provide a relationship or reward to me in return.

At the surface of invasive species issue discussions, such an approach seems to offer a constructive, win-win solution to a sustainable landscape challenge. For once an invasive species multiples enough to do damage, the resources needed to effectively control and manage the invasive species are usually more than society can afford or is willing to pay.
And complicating matters, the carefully wrought consensus definition of an invasive species (I know how carefully the definition was written – I was there) reads:
An invasive species is “…an alien species whose introduction does or is likely to cause economic or environmental harm or harm to human health.” To provide guidance for the development and implementation of the NISMP, the National Invasive Species Council (NISC) and the Invasive Species Advisory Committee (ISAC) adopted a set of principles outlined in Appendix 6 of the NISMP. Guiding Principle #1 provides additional context for defining the term invasive species and states “many alien species are non-invasive and support human livelihoods or a preferred quality of life." However, some alien species (non-native will be used in this white paper because it is more descriptive than alien), for example West Nile virus, are considered invasive and undesirable by virtually everyone. Other non-native species are not as easily characterized. For example, some non-native species are considered harmful, and therefore, invasive by some sectors of our society while others consider them beneficial. This discontinuity is reflective of the different value systems operating in our free society, and contributes to the complexity of defining the term invasive species.” [2]

A problematic dichotomy arises when to distinct constituencies find two incompatible environmental relationships embodied in the particular invasive species. As noted in the ISAC white paper non-native species such as garlic mustard and knotweed are considered harmful to natural ecosystems and their services, and therefore, designated invasive by some sectors of our society while others may come to find and consider the same two species beneficial.
So the stage is set for the continuing conflict between those who interested in sustainable landscapes and functioning ecosystems as a public value with personal satisfaction added, and those who are interested in the market place , also with p[personal satisfaction added, esoecially in a salad. We need to have a conversation about the ecosystem services that are now mostly free. The tragedy of the commons would be a good place to start.

Monday, March 23, 2009
The Chorale and the Garden: Polyphony and Sustainability
Friday, March 20, 2009
Dragon flies and the invasive species threat
Wednesday, March 04, 2009
Invasive Species are missing from our "green" conversation
Tuesday, March 03, 2009
Invasive species - dead ash tree marketing
Saturday, February 28, 2009
Invasive Species and Ecosystem Service Loss
Friday, February 27, 2009
Invasive Species Definitions Defined
Invasive Species: A Reflection of Values
Wednesday, February 25, 2009
Invasive species and ecosystem services; good and bad?






[1] Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Associated Press - April 26, 2009 9:25 AM ET
[2] Beck, K. George and Kenneth Zimmerman, Jeffrey D. Schardt, Jeffrey Stone, Ronald R. Lukens, Sarah Reichard, John Randall, Allegra A. Cangelosi, Diane Cooper, and John Peter Thompson. ISAC 2006. Invasive Species Definition Clarification and Guidance White Paper. [Online] ISAC 2006. http://www.invasivespeciesinfo.gov/docs/council/isacdef.pdf.

Invasive species research: Pennisetum setaceum

At the risk of jumping the gun, I would assume that this theory will turn out to be true for many of the invasive species of note. In traditional horticulture, this ability top live almost anywhere is marketable and desirous, and helps facilitate the spread of invasive species in the ornamental trade. The standard non-gardening property owner wants a plant that fits many conditions and locations with as little extra resources (work) as possible.

UH research reveals phenomenon in an invasive weed

News Release

Researchers at the College of Tropical Agriculture and Human Resources at UH Manoa reveal a unique and important biological phenomenon in invasive weeds in the July 4 issue of the Public Library of Science ONE (PLoS ONE), a highly rated journal series publishing high-impact research on a broad range of topics.

The UH team conducted research on fountain grass (Pennisetum setaceum), which is highly invasive in Hawai’i and variably invasive in other parts of the world, and addressed whether genetic variation in the species allow it to adapt to new environments globally. Their work explored the correlation between neutral genetic variation in the grass, quantitative genetic variation and invasiveness of the plant worldwide and within its home range.

Samples of fountain grass taken from various parts of the world responded uniformly to a range of treatments in experiments. The genetic analysis showed that the species is genetically uniform throughout its range in Africa, Hawai'i and in its place of origin – Egypt, yet the grass is able to tolerate and thrive in a wide spectrum of environmental variation. This "plasticity" contributes significantly to the invasiveness of the species under certain conditions, particularly in disturbed environments, or geologically recent areas, such as Hawai'i.

"These findings are remarkable in that it is often assumed that genetic diversity underlies invasive success – invasive species are able to adapt to local conditions," said Ania Wieczorek, project leader and assistant specialist in the Department of Tropical Plant and Soil Sciences. Fountain grass was found to show the opposite trend, with no genetic diversity and yet it is a highly successful invader in many environments. The species is pre-adapted to thrive under a broad range of ecological conditions.

"The results have important implications for management of fountain grass where it is invasive. The results also contribute significantly to our understanding of basic evolutionary processes that affect species in new environments," said Wieczorek.

Wieczorek's team is comprised of Johannes J. Le Roux, doctoral candidate, and Carol T. Tran, research support, in the Department of Tropical Plant and Soil Sciences; and Dr. Mark G. Wright, assistant specialist in the Department of Plant and Environmental Sciences.

This research was funded by a USDA-TSTAR grant.

More information on the project, which addresses a number of invasive species, is available at http://www.pacificlandgrants.org/video/InvasiveFINALREV.wmv.

Weeds: Defining Inconvenience, Wickedly

Invasive species definition confusion; a wicked inconvenience for sure. Weeds, posted at: http://livingthegrandlife.blogspot.com/2007/03/weeds.html cleverly describes a fundamental challenge found when working with the issues of invasive species: Every party, no matter how remotely involved, has a slightly problematic version of what seems should be a simple definition. But, because each group has a preconceived solution, the opportunities for misdirected conversation towards a working consensus, is obscured.

I actually subscribe to the wrong organism (species) in the wrong place at the wrong time idea, which is paraphrased in the posting as :” I always thought that a weed was simply a plant growing were it was unwanted.” So far we seem to be on terra firma. So comes the obligatory legalese obfuscation, which allows us to meander over to surface definition conundrums. “Non-native invasive species displace or compete with crops and native plants, usurp water otherwise used by desirable plants, and reproduce profusely in the absence of their natural predators.” This abstraction from a county code allows for the following hammer blow: “Non-native invasive species displace or compete with crops. Aren’t crops non-native species?”

This is an acceptable semantic sleight of hand, because the writer has seemingly found a paradox, and while at it, introduces a question of time horizon choice., the famous dead white male north western protestant European tripped over the new world date. All of this is possible under a solution (nothing needs be done) implied by: “Since ecosystems constantly change and new species move, invade, and displace, who picked the freeze point in time where a plant is considered non-native?”

It seems to me far better, for those holding the nothing needs be done solution, to start with that premise, and debate the nothing before dead occidental stakeholders. To this mix of differing solutions, should be added the party which holds that certain species can cause greater ecological, aesthetic or economic harm and should be prevented from introduction or, at least, controlled as far as resources permit. This third position’s offering allows that some adaptive new comers, whatever the date, have a economic impact far exceeding the damage, at least in a short event horizon. In other words, we need to eat, dress and build homes, so those species stay, controlled, not spreading without human intervention and plan.

Unfortunately, this is not how we find ourselves engaged. The “there is no problem” group will nod at the surface word game, and the “American species for America” group will point with stunned fingers at the perceived nattering nay bobs of negativism, and the opportunity for finding consensus will continue to be still-born. Too bad.