WSR 97-20-138

PROPOSED RULES

NOXIOUS WEED CONTROL BOARD

[Filed October 1, 1997, 10:43 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-12-019.

Title of Rule: Chapter 16-750 WAC, State noxious weed list and schedule of monetary penalties.

Purpose: The State Noxious Weed Control Board proposes amending the state noxious weed list to add species determined to be noxious and to change areas designated for control of some noxious weeds.

Statutory Authority for Adoption: Chapter 17.10 RCW.

Statute Being Implemented: Chapter 17.10 RCW.

Summary: Proposed changes to the state noxious weed list include the addition of five new Class A noxious weeds and three new Class B noxious weeds, as well as designation area changes for four noxious weeds.

Reasons Supporting Proposal: These nonnative species were found to be highly destructive, competitive or difficult to control.

Name of Agency Personnel Responsible for Drafting: Lisa Lantz, Kent, Washington, (253) 872-2972; Implementation: Ray Fann, Kent, Washington, (253) 872-2972; and Enforcement: K. Diane Dolstad, Olympia, Washington, (360) 902-2071.

Name of Proponent: Washington State Noxious Weed Control Board, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The state noxious weed list provides the basis for noxious weed control efforts by county noxious weed control boards, weed districts, the State Weed Board and the Washington State Department of Agriculture, under the auspices of chapter 17.10 RCW. The effect of the state noxious weed list is to prioritize control of noxious weed species state-wide, concentrating on prevention and early detection, while still allowing for local program flexibility.

Proposal Changes the Following Existing Rules: See attached amendatory sections. The proposal adds five new Class A weeds, three new Class B weeds and changes the designation areas for four previously listed noxious weeds.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Background: The Washington State Noxious Weed Control Board (WSNWCB) is charged with annually reviewing and updating the state noxious weed list, found in chapter 16-750 WAC, to ensure it accurately reflects and prioritizes the noxious weeds threatening Washington.

The WSNWCB issued a call for suggestions and recommendations on the content of the state noxious weed list in November of 1996 to all county noxious weed control boards and an extensive mailing list of agricultural and environmental organizations, state and federal agencies, county governments, and other parties who have asked to be notified of such opportunities. This comment period was open until the end of April 1997. An additional reminder notice was sent during the comment period. A handout is also available to the public with tips for making a successful recommendation.

The WSNWCB Noxious Weed Committee, which is composed of scientific advisors, county representatives, WSNWCB representatives, and a public interest representative, first met in May of 1997 to review the suggestions received to date. Committee meetings are open to the public and suggestions can be presented in person or in writing. The committee then used the next few months to gather additional information needed to evaluate suggestions. This process includes field investigations, literature searches, interviews with scientists and weed specialists in other areas of the country or world, and additional interviews with persons making recommendations.

The committee held another public meeting in July 1997 to finish evaluation of suggestions and to review additional suggestions that had been submitted outside of the formal comment period. The committee then developed a draft set of recommendations for changes to the state noxious weed list. The preproposal statement was filed in May and the draft amendments were sent out for comment in September of 1997.

The Noxious Weed Committee met a third time in September to consider public input and to finalize its recommendations to the WSNWCB. After discussion and review of the committee's recommendations, the WSNWCB adopted the recommended changes to the state weed list as their formal proposal in September 1997.

Summary of Amendments: The following changes are proposed:

WAC 16-750-005 State noxious weed list--Class A noxious weeds, Class A noxious weeds are required to be eradicated by all landowners under the authority of chapter 17.10 RCW.

Add five new nonnative species that are of extremely limited distribution and are highly destructive, competitive, or difficult to control (Hieracium floribundum, Salvia pratensis, Salvia sclarea, Spartium junceum, and Soliva sessilis).

WAC 16-750-011 State noxious weed list--Class B noxious weeds, Class B noxious weeds are required to be controlled by all landowners in the areas where they are designated, under the authority of chapter 17.10 RCW. In the areas where they are not designated, landowners are only required to control Class B noxious weeds if they are placed on the county noxious weed control list, as a local priority for control.

Designate new areas for the mandatory control of four previously listed species, each in only three counties or a smaller area (Hieracium aurantiacum, Kochia scoparia, Linaria dalmatica ssp. dalmatica, and Tribulus terrestris). These species have been found to have only limited distribution in the areas where they are proposed for designation, making control and containment feasible.

Add three new nonnative species that are highly destructive, competitive, or difficult to control (Geranium robertianum, Hieracium atratum, and Hieracium laevigatum). The species are designated for control where they are unknown or of limited distribution.

Costs of Compliance: The addition of new noxious weeds to the state noxious weed list or the designation of noxious weeds in new areas of the state impose potential costs on all businesses that own or manage infested property. These costs are only incurred if the listed species occur on the property. By definition, the noxious weeds for which the state requires control are of limited distribution and, therefore, only a relatively small number of businesses will actually incur noxious weed control costs in any one season.

The control of noxious weeds involves costs for the actual control strategy selected, as well as some administrative time for recordkeeping, compliance correspondence, training, and safety education for some control strategies. The state's noxious weed law, chapter 17.10 RCW, does not mandate a specific method of control; it mandates a result. The landowner can select the method he/she feels is most appropriate, after considering site characteristics, cost, time, and effectiveness. Technical assistance in choosing a control strategy is available to all landowners at no cost from the local county noxious weed control board or weed district, Washington State University Cooperative Extension, the Washington State Department of Agriculture, and the WSNWCB. Control costs will vary widely, based on the noxious weed, the site's environmental characteristics, weather, the extent of the vegetation, the surrounding land use, and the control strategy used.

Chemical control strategies involve costs for the following items. These control cost ranges capture the majority of control situations, but some sites may have higher or lower costs:

herbicides - $15 to $100 per acre.

application equipment - spot spray with a premixed chemical $0, hand held sprayer $15 to $45, backpack sprayer $60 to $100 new (may be available for loan from county weed board), truck mounted spray rig and boom $500 to $5,000 (not including vehicle).

labor - in-house or contracted with a licensed applicator (who would handle equipment, licensing, permitting, and recordkeeping) $20 to $100 per hour contracted applicator; aerial application $150 to $250 per hour.

protective equipment - goggles $3 to $10, chemical-resistant gloves $5 to $40, chemical-resistant boots $20 to $60, Tyvek coveralls $3 to $12. Personal protective equipment costs will vary depending on the type of herbicide and the frequency and duration of use.

licensing and permitting - application of many herbicides requires the applicator to be licensed and permits may be required for some types of sites (mainly those in or near water) - $21 to $40 for license and study materials, $20 to $500 for permit notices and signage.

recordkeeping - 15 minutes to 2 hours of labor time, depending on the extent and variability of the application.

Hand-pulling or mowing costs include:

labor - hand methods may require two to ten times more labor time than chemical strategies.

equipment - hand tools $5 to $40 each for shovels, hoes, weed whip; $35 to $250 for hand-held trimmers.

disposal - bags 50 cents to $4 each, land-filling $15 to $100/ton.

Other strategies like burning, steam solarization, tillage, etc. may be appropriate for some sites, but the previous two methods are the most commonly used.

Comparison of Cost - Small versus Large Employers: Administrative and control costs vary only with the control strategy selected, the site characteristics, and the type and extent of the infestation. These costs on a per acre basis would be the same for small and large employers, but could be proportionally more per employee for small employers. The cost to outfit, train, and equip one employee for noxious weed control work would depend on the number of employees needed to conduct the control work, but this may represent a larger percentage of employees for small businesses. Contracting for control work could cost more per hour of labor or per $100 of sales for a small employer. Larger businesses would be expected, in general, to own or manage more land, thus potentially incurring a higher total cost.

The proposed amendments affect a small percentage of landowners in Washington. It is highly unlikely they would affect more than 20% of all industries or more than 10% of any one industry. The species proposed for the A list are all presently known from four or fewer sites in the state. The proposed changes to the B list would also affect limited numbers of landowners; these changes are proposed because the species are present in limited areas or present at very small levels of infestation.

Mitigation of Disproportionate Costs to Small Employers: The state noxious weed law recognizes that the immediate prevention, control, and eradication of noxious weeds is practical on some lands and that these activities should be extended over a period of time on other lands. RCW 17.10.154 allows county noxious weed control boards, at their discretion, to enter into agreements with local landowners. These agreements allow for gradual containment and control of noxious weeds over a period of years on appropriate sites. This flexibility allows small businesses to spread noxious weed control costs over time in some cases.

Due to site conditions and infestation patterns, mitigation of control requirements for small businesses may not always be possible. Noxious weeds do not recognize human political and ownership boundaries. Effective control state-wide requires that all landowners fulfill the requirements to control and contain noxious weeds. This is an inherent part of all pest control programs. Through the state noxious weed list, the state has prioritized control efforts in Washington, concentrating landowner efforts on new infestations. Control of infestations when they are small provides the most protection for the least cost. County noxious weed control boards limit landowner costs by conducting regular surveys so that infestations can be caught when small. Technical assistance is also available through several sources to assist landowners in devising the most effective and cost-efficient control program possible.

Hearing Location: The public hearing on this proposed rule making will be held on November 18, 1997, at the Grant County PUD Auditorium, 312 West Third Avenue, Moses Lake, WA, from 9:00 a.m. to 10:00 a.m.

Submit Written Comments to: Lisa Lantz, Executive Secretary, Washington State Noxious Weed Control Board, 1851 South Central Place, Suite 211, Kent, WA 98031, (253) 872-2972, FAX (253) 872-6320.

Date of Intended Adoption: November 18, 1997.

A copy of the statement may be obtained by writing to Lisa Lantz, Washington State Noxious Weed Control Board, 1851 South Central Place, Suite 211, Kent, WA 98031, phone (253) 872-2972, or FAX (253) 872-6320.

RCW 34.05.328 does not apply to this rule adoption. The Washington State Noxious Weed Control Board is not one of the agencies listed in this section.

Hearing Location: Grant County, Public Utility District Auditorium, 312 West Third Avenue, Moses Lake, WA, on November 18, 1997, at 9:00-10:00 a.m.

Assistance for Persons with Disabilities: Contact Lisa Lantz by November 14, 1997, TDD (360) 902-1996, or (253) 872-2972.

Submit Written Comments to: Lisa Lantz, Washington State Noxious Weed Control Board, 1851 South Central Place, Suite 211, Kent, WA 98031, FAX (253) 872-6320, by November 14, 1997.

Date of Intended Adoption: November 18, 1997.

September 29, 1997

Lisa E. Lantz

Executive Secretary

AMENDATORY SECTION (Amending WSR 96-06-030, filed 2/29/96, effective 3/31/96)

WAC 16-750-005 State noxious weed list--Class A noxious weeds.

Common Name Scientific Name

bean-caper, Syrian Zygophyllum fabago

blueweed, Texas Helianthus ciliaris

broom, Spanish Spartium junceum

buffalobur Solanum rostratum

clary, meadow Salvia pratensis

cordgrass, salt meadow Spartina patens

crupina, common Crupina vulgaris

four o'clock, wild Mirabilis nyctaginea

hawkweed, mouseear Hieracium pilosella

hawkweed, yellow devil Hieracium floribundum

hogweed, giant Heracleum mantegazzianum

hydrilla Hydrilla verticillata

johnsongrass Sorghum halepense

knapweed, bighead Centaurea macrocephala

knapweed, Vochin Centaurea nigrescens

lawnweed Soliva sessilis

mallow, Venice Hibiscus trionum

nightshade, silverleaf Solanum elaeagnifolium

peganum Peganum harmala

sage, clary Salvia sclarea

sage, Mediterranean Salvia aethiopis

starthistle, purple Centaurea calcitrapa

thistle, Italian Carduus pycnocephalus

thistle, milk Silybum marianum

thistle, slenderflower Carduus tenuiflorus

unicorn-plant Proboscidea louisianica

velvetleaf Abutilon theophrasti

woad, dyers Isatis tinctoria

[Statutory Authority: RCW 17.10.080. 96-06-030, 16-750-005, filed 2/29/96, effective 3/31/96. Statutory Authority: Chapter 17.10 RCW. 93-01-004, 16-750-005, filed 12/2/92, effective 1/2/93; 91-24-072, 16-750-005, filed 12/2/91, effective 1/2/92; 91-01-016, 16-750-005, filed 12/7/90, effective 1/7/91; 90-01-004, 16-750-005, filed 12/7/89, effective 1/7/90; 88-24-002 (Order 26, Resolution No. 26), 16-750-005, filed 11/29/88. Statutory Authority: RCW 17.10.080. 88-07-016 (Order 22, Resolution No. 22), 16-750-005, filed 3/7/88.]

AMENDATORY SECTION (Amending WSR 97-06-108, filed 3/5/97, effective 4/5/97)

WAC 16-750-011 State noxious weed list--Class B noxious weeds.

Name Will be a "Class B designate" in

all lands lying within:

(1) blackgrass (a) regions 1,2,3,5,6,8,9,10

Alopecurus myosuroides (b) Ferry, Stevens, Pend Oreille

counties of region 4

(c) Adams County of region 7.

(2) blueweed (a) regions 1,2,3,4,5,6,8,9,10

Echium vulgare (b) region 7 except for an area starting

at the Stevens County line on SR

291 south to the SR 291 bridge over

the Little Spokane River, thence

upstream along the Little Spokane

River to the first Rutter Parkway

Bridge; thence south along the

Rutter Parkway to the inter-

section of Rutter Parkway and

Indian Trail Road; thence southerly

along Indian Trail Road to a point

three miles south (on section line

between sections 22 and 27, T-26N,

R-42E); thence due west to a point

intersecting the line between Ranges

41 and 42; thence north along this

line to a point 1/4 mile south of

Charles Road; thence northwesterly

parallel to Charles Road to a point

1/4 miles south of the intersection

of Charles Road and West Shore

Road; thence northerly along West

Shore Road to the Spokane River

(Long Lake); thence southeasterly

along the Spokane River to the point

of beginning.

(3) broom, Scotch (a) regions 3,4,6,7,9,10.

Cytisus scoparius

(4) bryony, white (a) regions 1,2,3,4,5,6,8,9

Bryonia alba (b) region 7 except Whitman County

(c) Franklin County of region 10.

(5) bugloss, common (a) regions 1,2,3,5,6,8,9,10

Anchusa officinalis (b) region 4 except Stevens and Spokane

counties

(c) Lincoln, Adams, and Whitman

counties of region 7.

(6) bugloss, annual (a) regions 1,2,3,4,5,6,8,9

Anchusa arvensis (b) Lincoln and Adams counties

(c) Whitman County except ranges 43

through 46 East of Townships 16

through 20 North.

(7) fanwort (a) regions 1,2,3,4,5,6,7,9,10

Cabomba caroliniana (b) region 8 except T8N, R3W of

Cowlitz County.

(8) camelthorn (a) regions 1,2,3,4,5,7,8,9

Alhagi maurorum (b) region 6 except those portions

of Sections 23,24,25, and 29

through 36, T16N, R27E, W.M.

lying outside Intercounty Weed

District No. 52 and except Sections

1 through 12, T15N, R27E, W.M.

in Grant County and except the area

west of Highway 17 and north of

Highway 26 in Adams County

(c) Franklin, Columbia, Garfield, and

Asotin counties of region 10

(d) an area beginning at the Washington

-- Oregon border at the southwest

portion of section 15, R32E, T6N,

then north to the northwest corner

of section 3, R32E, T7N, then east

to the northeast corner of section 3,

R36E, T7N, then south to southeast

portion of section 15, R36E, T6N,

at the Washington -- Oregon border,

then west along the Washington --

Oregon border to the point of

beginning.

(9) catsear, common (a) regions 3,4,6,7,10

Hypochaeris radicata (b) region 9 except Klickitat County.

(10) cinquefoil, sulfur (a) regions 1,3,8,10

Potentilla recta (b) region 2 except Skagit County

(c) region 4 except Stevens,

Ferry, and Pend Oreille counties

(d) region 5 except Thurston County

(e) region 6 except Yakima County

(f) region 7 except Spokane County

(g) region 8 except Lewis

County

(h) region 9 except Klickitat

County.

(11) Cordgrass, smooth (a) regions 1,3,4,5,6,7,9,10

Spartina alterniflora (b) region 2 except Padilla Bay of

Skagit County

(c) region 8 except bays and estuaries

of Pacific County.

(12) cordgrass, common (a) regions 1,3,4,5,6,7,8,9,10

Spartina anglica (b) region 2 except bays and estuaries

of Skagit and Island counties and

except bays and estuaries north of

Everett in Snohomish County.

(13) daisy, oxeye (a) regions 7,10

Leucanthemum (b) region 9 except those areas lying

vulgare within Klickitat and Yakima counties

west of Range 13 East

(c) region 6 except those areas lying

within Yakima and Kittitas counties

west of Range 13 E.

(14) deadnettle, hybrid (a) regions 1,3,4,5,6,7,8,9,10

Lamium hybridum (b) region 2 except Skagit County.

(15) elodea, Brazilian (a) regions 3,4,6,7,9,10

Egeria densa (b) Lewis County of region 8.

(16) fieldcress, Austrian (a) regions 1,2,3,4,5,6,8,9

Rorippa austriaca (b) regions 7 and 10 except within the

Palouse River Canyon from Big

Palouse Falls to the Snake River.

(17) gorse (a) regions 3,4,6,7,9,10

Ulex europaeus (b) Skagit County of region 2

(c) Thurston and Pierce counties of

region 5

(d) Wahkiakum, Cowlitz, and Lewis

counties of region 8.

(18) hawkweed, orange (a) regions 3,6,9,10

Hieracium aurantiacum (b) Clallam County of region 1

(c) Skagit County of region 2

(d) Ferry County of region 4

(((c))) (e) Thurston ((County)) and King

counties of region 5

(((d))) (f) Lincoln and Adams counties

of region 7.

(19) hawkweed, polar (a) regions 1,2,3,4,6,7,8,9,10

Hieracium atratum (b) region 5 outside the boundaries

of Mt. Rainier National Park.

(20) hawkweed, smooth (a) regions 1,3,4,5,6,7,8,9,10

Hieracium laevigatum (b) San Juan and Island counties

of region 2.

(((19))) (21) hawkweed, yellow (a) regions 1,2,3,5,6,7,8,10

Hieracium

caespitosum (b) region 4 except north of T32N in

Pend Oreille County and east

Highway 395 and north of Highway

20 in Stevens County

(c) region 9 except sections 32, 33

and 34 of T6N, R12E, and sections

4, 5, 6, and 7 of T5N, R12E, and

section 12 of T5N, R11E of

Klickitat County.

(((20))) (22) hedgeparsley (a) regions 1,2,3,4,5,6,7,8,10

Torilis arvensis (b) Yakima, Benton, Franklin counties

(c) Klickitat County except those lands

lying within T4N, R10E, R11E,

R12E, R13E, R14E; T3N, R10E,

R11E, R12E, R13E; T2N, R12E,

R13E.

(23) herb-Robert (a) regions 3,4,6,7,8,9,10

Geranium robertianum (b) Clallam County of region 1

(c) Whatcom, San Juan, and Island

counties of region 2

(d) Grays Harbor, Mason, and Kitsap

counties of region 5

(e) portions of King County lying in:

(i) Issaquah Alps: T24N,

R5E, sections 25, 26, 35,

and 36; T24N, R6E, sections

30 and 31; T23N, R6E,

sections 4, 5, 6 (north 1/2

and west of SR900), 9, and

10 (north 1/2); T23N, R8E,

sections 8 (SW 1/4 SW 1/4), 17, 18 (eastern half), 20, 21

(western half), 28, and 29

(eastern half).

(ii) Tradition Plateau area: T24N,

R6E, sections 26 (south of

I-90), 27 (south of I-90,

east of E. Sunset Way), and 35.

(((21))) (24) indigobush (a) regions 1,2,3,4,5,6

Amorpha fruticosa (b) regions 7 and 10 except within 200

feet of the Snake River from Central

Ferry downstream

(c) regions 8,9, and 10 except within

200 feet of the Columbia River.

(((22))) (25) knapweed, black (a) regions 1,2,3,4,5,7,9,10

Centaurea nigra (b) region 6 except Kittitas County

(c) region 8 except Clark County.

(((23))) (26) knapweed, brown (a) regions 1,2,3,4,5,7,9,10

Centaurea jacea (b) region 6 except Kittitas County

(c) region 8 except Clark County.

(((24))) (27) knapweed, diffuse (a) regions 1,2,5,8

Centaurea diffusa (b) Grant County lying in Townships 13

through 16 North, Ranges 25

through 27 East; Townships 17 and

18 N., Ranges 25 through 30 East;

Townships 19 and 20 North, Ranges

29 and 30 East; T21N, R23E,

Sections 1 through 30; T21N,

R26E., Sections 5,6,7,8,17, and 18;

East 1/2 Township 21N, Range

27E.; T21N, Ranges 28 through 30

E; those portions of Townships 22

through 28N, Ranges 28 through 30

E.; those portions of Township 22

through 28N., Ranges 23 through

30E. lying in Grant County; all

W.M.

(c) Adams County except those areas

within T15N, R36E, Section 36;

T15N, R37E, Sections 22,26,27,28,

31,32,33 and 34; T15N, R37E,

western half of Sections 23, 24 and

25; T15N, R38E, Sections 2,10,

11,14,15,19 and 20; T16N, R38E,

Sections 34 and 35; T17N, R37E,

Sections 5 and 6

(d) Franklin County of regions 9 and

10.

(((25))) (28) knapweed, meadow (a) regions 1,2,3,4,5,7,9,10

Centaurea jacea x nigra (b) region 6 except Kittitas County

(c) region 8 except Clark County.

(((26))) (29) knapweed, Russian (a) regions 1,2,5,7,8

Acroptilon repens (b) region 4 except that area lying

within the boundaries of the Colville

Indian Reservation within Ferry

County

(c) Adams County of region 6

except for the area west of

Highway 17 and North of

Highway 26

(d) Intercounty Weed District No. 52

(e) region 10 except Franklin County.

(((27))) (30) knapweed, spotted (a) regions 1,2,3,5,6,8,9

Centaurea

biebersteinii (b) Ferry County of region 4

(c) Adams and Whitman counties of

region 7

(d) region 10 except Garfield County.

(((28))) (31) kochia (a) Skagit County of region 2

kochia scoparia (b) Pend Oreille County of region 4

(((b))) (c) Kittitas County of region 6.

(((29))) (32) lepyrodiclis (a) regions 1,2,3,4,5,6,8,9,10

Lepyrodiclis holosteoides (b) region 7 except an area within

Whitman County east of the Pullman

-- Wawawai Road from Wawawai

to Pullman and south of State

Highway 270 from Pullman to

Moscow, Idaho.

(((30))) (33) loosestrife, garden (a) regions 1,2,3,4,6,7,8,9,10

Lysimachia vulgaris (b) region 5 except King County.

(((31))) (34) loosestrife, purple (a) regions 1,4,7,8

Lythrum salicaria (b) region 2 except Snohomish County

(c) region 3 except within 100 feet of

the ordinary highwater mark of the

Okanogan River from the Canadian

border south to Riverside

(d) region 5 except the area west

of the Urban Growth Line, as

defined in the King County

Comprehensive Plan, and south of

I-90, but not including Vashon

Island, of King County

(e) region 6 except that portion of Grant

County lying northerly of the

Frenchmen Hills-O'Sullivan Dam

Road, southerly of Highway

Interstate 90, easterly of the section

line of the location of County Road

J SW/NW if constructed and

westerly of the section line of the

location of County Road H SE/NE

if constructed

(f) region 9 except Benton County

(g) region 10 except Walla Walla

County

(h) Intercounty Weed Districts No. 51

and No. 52.

(((32))) (35) loosestrife, wand (a) regions 1,4,7,8

Lythrum virgatum (b) region 2 except Snohomish County

(c) region 3 except within 100 feet of

the ordinary highwater mark of the

Okanogan River from the Canadian

border south to Riverside

(d) region 5 except King County

(e) region 6 except that portion of

Grant County lying northerly of the

Frenchmen Hills-O'Sullivan Dam

Road, southerly of Highway

Interstate 90, easterly of the section

line of the location of County Road

J SW/NW if constructed and

westerly of the section line of the

location of County Road H SE/NE

if constructed

(f) region 9 except Benton County

(g) region 10 except Walla Walla

County

(h) Intercounty Weed Districts No. 51

and No. 52.

(((33))) (36) nutsedge, yellow (a) regions 1,2,3,4,5,7,8

Cyperus esculentus (b) region 6 except those areas lying

between State Highway 26 and State

Highway 28, and westerly of

Dodson Road in Grant County, and

except S 1/2, Sec. 2, T20N, R25E.,

W.M.

(c) region 9 except:

(i) except those areas lying within

the following boundary

description within Yakima

County: Beginning at the

intersection of Highway 12

and Parker Heights Road and

continuing easterly to

Konnowac Pass Road follow

said road north to the

intersection of Konnowac Pass

Road and Nightingale Road.

The northern boundary shall

be the Roza Canal, continuing

from the established point at

Nightingale Road. The

boundaries will follow the

Roza Canal easterly to the

County Line Road. The east

boundaries will be the Yakima/

Benton County Line from a

point beginning at the County

Line and Highway 22 (near

Byron) continuing westerly

along Highway 22 (to near the

city of Mabton) to the

intersection of Highway 22 and

the Reservation Boundary

(Division Road) and continuing

north to the Yakima River.

Then it will follow the river

northwest to the Wapato-

Donald Road continuing north

along said road to Highway 12

then Highway 12 to Parker

Heights Road.

(ii) an area lying southerly of State

Route 14 and within T2N,

Ranges 13 and 14 E of

Klickitat County

(d) region 10 except Walla Walla

County.

(((34))) (37) oxtongue,

hawkweed (a) regions 1,2,3,4,5,6,7,9,10

Picris hieracioides (b) region 8 except Skamania County.

(((35))) (38) parrotfeather (a) regions 1,2,3,4,5,6,7,9,10

Myriophyllum aquaticum (b) region 8 except Clark, Cowlitz, and

Wahkiakum counties.

(((36))) (39) pepperweed,

perennial (a) regions 1,2,3,4,5,7,8,10

Lepidium latifolium (b) Grant County lying northerly of

Township 21, North, W.M.

(c) Intercounty Weed Districts No. 51

and 52

(d) Kittitas County of region 6

(e) Adams County of region 6

except for the area west

of Highway 17 and north of

Highway 26.

(((37))) (40) puncturevine (a) Skagit County of region 2

Tribulus terrestris (b) Kittitas County of region 6

(c) Adams County.

(((38))) (41) ragwort, tansy (a) regions 3,4,6,7,9,10

Senecio jacobaea (b) region 5, that portion of Pierce

County lying south or east of a

boundary beginning at the White

River and State Highway 410, then

west along State Highway 410 to

intersection with State Highway 162

(Orting) to intersection with Orville

Road, then south along Orville Road

to intersection with Kapowsin

Highway (304th Street East), then

west following Kapowsin Highway

to intersection with State Route 7,

then south along State Route 7 to

intersection with State Route 702,

then west along State Route 702 to

intersection with State Route 507,

then southwest along State Route

507 to intersection with the

Nisqually River.

(((39))) (42) sandbur, longspine (a) regions 1,2,3,4,5,7,8

Cenchrus longispinus (b) Adams County of region 6 except

for that area lying within Intercounty

Weed District No. 52

(c) Intercounty Weed District No. 51.

(((40))) (43) skeletonweed, rush (a) regions 1,2,3,5,8,9

Chondrilla juncea (b) Franklin County except T13N,

R36E; and T14N, R36E

(c) Adams County except those areas

lying west of a line running north

from Franklin County along the

western boundary of Range 36 East

to State Highway 26 then north on

Sage Road until it intersects Lee

Road, then due north until

intersection with Providence Road,

then east to State Highway 261, then

north along State Highway 261 to

its intersection with Interstate 90,

henceforth on a due north line to

intersection with Bauman Road, then

north along Bauman Road to its

terminus, then due north to the

Lincoln County line.

(d) region 6 except that portion lying

within Grant County that is

southerly of State Highway 28,

northerly of Interstate Highway 90

and easterly of Grant County Road

E Northwest

(e) Stevens county north of Township 33

North of region 4

(f) Ferry and Pend Oreille counties

of region 4

(g) Asotin County of region 10

(h) Garfield and Columbia counties

south of Highway 12

(i) Whitman County lying in Ranges 43

through 46 East of Townships 15

through 20 North; T14N, Ranges 44

through 46 East; and T13N, Ranges

45 and 46 East.

(((41))) (44) sowthistle, perennial (a) regions 1,2,3,4,7,8,9,10

Sonchus arvensis (b) Adams County of region 6

ssp. arvensis (c) region 5 except for sections

28, 29, 30, 31, 32, and 33

in T19N, R1E of Thurston

and Pierce counties.

(((42))) (45) spurge, leafy (a) regions 1,2,3,4,5,6,8,9,10

Euphorbia esula (b) region 7 except as follows:

(i) T27N, R37E, Sections

34,35,36; T27N, R38E,

Sections 31,32,33; T26N,

R37E, Sections 1,2,3,10,

11,12,13,14,15,16,26; T26N,

R38E, Sections 5, 6,7,8 of

Lincoln County

(ii) T24N, R43E, Section 12, Qtr.

Section 3, Parcel No. 9068 of

Spokane County.

(((43))) (46) starthistle, yellow (a) regions 1,2,3,5,6,8

Centaurea solstitialis (b) region 4 except those areas within

Stevens County bounded by a line

beginning at the intersection of State

Highway 20 and State Highway 25,

then north to intersection with

Pinkston Creek Road, then east

along Pinkston Creek Road to

intersection with Highland Loop

Road, then south along Highland

Loop Road to intersection with State

Highway 20, then west along State

Highway 20 to intersection with

State Highway 25

(c) region 7 except those areas within

Whitman County lying south of State

Highway 26 from the Adams

County line to Colfax and south

of State Highway 195 from Colfax

to Pullman and south of State

Highway 270 from Pullman to the

Idaho border

(d) Franklin County

(e) region 9 except Klickitat County

(f) in all lands lying within Asotin

County, Region 10, except as

follows: T11N, R44E, Sections

25, 26, 27, 28, 29, 31, 32, 33, 34,

and 35; T11N, R45E, Sections 21,

22, 23, and 25; T11N, R36E,

Sections 19, 20, 21, 28, 29, 30, 31,

32, and 33; T10N, R44E, Sections

1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12,

15, and 16; T10N, R45E, Sections

23 and 24; T10N, R46E, Sections

7, 8, 17, 18, 19, 20, 21, 22, 27, 34,

and 35; T9N, R46E, Sections 1, 2,

12, 13, 14, 23, 24, 25, 26, 35, and

36; T9N, R47E, Sections 18, 19,

30, and 31; T8N, R46E, Sections

1, 2, 3, 9, 10, 11, 12, 13, 14, 15,

16, 23, and 24; T8N, R47E,

Sections 8, 17, 18, 19, 20, 29, 30,

31, and 32.

(((44))) (47) Swainsonpea (a) regions 1,2,3,4,5,7,8

Sphaerophysa salsula (b) Columbia, Garfield, Asotin, and

Franklin counties

(c) an area beginning at the

Washington -- Oregon border at the

southwest portion of Section 15,

R32E, T6N, then north to the

northwest corner of Section 3,

R32E, T7N, then east to the

northeast corner of Section 3, R36E,

T7N, then south to the southeast

portion of Section 15, R36E, T6N,

at the Washington -- Oregon border,

then west along the Washington --

Oregon border to the point of

beginning

(d) Weed District No. 3 of Grant

County

(e) Adams County of region 6.

(((45))) (48) thistle, musk (a) regions 1,2,3,5,6,7,8,9,10

Carduus nutans (b) Spokane and Pend Oreille counties.

(((46))) (49) thistle, plumeless (a) regions 1,2,3,5,6,7,8,9,10

Carduus acanthoides (b) region 4 except those areas within

Stevens County lying north of State

Highway 20.

(((47))) (50) thistle, Scotch (a) regions 1,2,3,4,5,6,8,9

Onopordum acanthium (b) region 7 except for those areas

within Whitman County lying south

of State Highway 26 from the

Adams County line to Colfax and

south of State Highway 195 from

Colfax to Pullman and south of

State Highway 270 from Pullman to

the Idaho border

(c) Franklin County.

(((48))) (51) toadflax, Dalmatian (a) regions 1,2,5,8,10

Linaria dalmatica (b) Douglas County of region 3 lying

ssp. dalmatica south of T25N, west of R25E, and

east of R28E

(c) Kittitas, Chelan, Douglas, and

Adams counties of region 6

(((c))) (d) Intercounty Weed District

No. 51

(((d))) (e) Weed District No. 3 of Grant

County

(((e))) (f) Lincoln and Adams counties

(((f))) (g) The western two miles of

Spokane County of region 7

(((g))) (h) region 9 except as follows:

(i) those areas lying within

Yakima County

(ii) those areas lying west of the

Klickitat River and within

Klickitat County.

(((49))) (52) watermilfoil, (a) regions 1,9,10

Eurasian (b) region 7 except Spokane

Myriophyllum spicatum County

(c) region 8 except within 200 feet of

the Columbia River

(d) Adams County of region 6

(e) in all water bodies of public

access, except the Pend Oreille

River, in Pend Oreille County

of region 4.