The Secretary shall determine whether an invasive plant qualifies as a Tier 1 or a Tier 2 plant based on the following protocols:
A. Plant risk assessment protocol established by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection Quarantine pursuant to A. Koop, L. Fowler, L. Newton, and B. Caton, Development and Validation of a Weed Screening Tool for the United States, Biological Invasions (2012) 14:273294, which is incorporated by reference; and
B. Factors relating to special Maryland circumstances (e.g. potential distribution, current distribution, threatened and endangered species or ecosystems, feasibility of control, and special agricultural conditions).