WSR 97-06-108

PERMANENT RULES

NOXIOUS WEED CONTROL BOARD

[Filed March 5, 1997, 8:50 a.m.]

Date of Adoption: January 21, 1997.

Purpose: The State Noxious Weed Board has amended the state noxious weed list to add species determined to be noxious and to change areas designated for control of some noxious weeds. Additional changes were made to clarify aquatic noxious weed control standards and civil infraction units and to streamline state weed board officer nominations and terms of office.

Citation of Existing Rules Affected by this Order: Amending WAC 16-750-003, 16-750-011, 16-750-015, 16-750-020, and 16-750-130.

Statutory Authority for Adoption: Chapter 17.10 RCW.

Adopted under notice filed as WSR 96-20-112 on October 2, 1996.

Changes Other than Editing from Proposed to Adopted Version: One species proposed for listing as a Class C noxious weed was not listed.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 1, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 6, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 3, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

March 4, 1997

Laurie McLellan

Executive Secretary

AMENDATORY SECTION (Amending WSR 93-01-004, filed 12/2/92, effective 1/2/93)

WAC 16-750-003 Definitions. (1) The definitions set forth in this section shall apply throughout this chapter, unless the context otherwise plainly requires:

(a) "Action" means the transaction of the official business of the Washington state noxious weed control board including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, and final actions.

(b) "Board" means the Washington state noxious weed control board, or a duly authorized representative.

(c) "Director" means the director of the department of agriculture, or the director's appointed representative.

(d) "Executive secretary" means the executive secretary of the Washington state noxious weed control board.

(e) "Department" means the department of agriculture of this state.

(f) "Person" means any individual, partnership, corporation, firm, or any other entity.

(g) "Final action" means a collective positive or negative decision, or an actual vote by a majority of board members when sitting as a body or entity, upon a motion, proposal, resolution, or order.

(h) "Meeting" means meetings at which action is taken.

(i) "Regular meetings" means recurring meetings held in accordance with a periodic schedule declared by statute or rule.

(2) The definitions set forth in this subsection shall apply throughout this chapter, chapter 17.10 RCW, and any rules adopted thereunder unless the context otherwise plainly requires:

(a) "Control" means to prevent all seed production and to prevent the dispersal of the following propagules of aquatic noxious weeds - turions, fragments, tubers, and nutlets.

(b) "Contain" means to confine a noxious weed and its propagules to an identified area of infestation.

(c) "Eradicate" means to eliminate a noxious weed within an area of infestation.

(d) "Prevent the spread of noxious weeds" means to contain noxious weeds.

(e) Class A noxious weeds are those noxious weeds not native to the state that are of limited distribution or are unrecorded in the state and that pose a serious threat to the state.

(f) Class B noxious weeds are those noxious weeds not native to the state that are of limited distribution or are unrecorded in a region of the state and that pose a serious threat to that region.

(g) "Class B designate" means those Class B noxious weeds whose populations in a region or area are such that all seed production can be prevented within a calendar year.

(h) Class C are any other noxious weeds.

(3) Any county noxious weed control board may enhance the clarity of any definition contained in subsection (2) of this section, making that definition more specific, but shall not change its general meaning.

[Statutory Authority: Chapter 17.10 RCW. 93-01-004, 16-750-003, filed 12/2/92, effective 1/2/93; 91-24-072, 16-750-003, filed 12/2/91, effective 1/2/92; 91-01-016, 16-750-003, filed 12/7/90, effective 1/7/91; 90-01-004, 16-750-003, filed 12/7/89, effective 1/7/90; 88-18-001 (Order 24, Resolution No. 24), 16-750-003, filed 8/25/88.]





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

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,((9,))10

Hypochaeris radicata (b) region 9 except Klickitat County.

(10) cinquefoil, sulfur (a) regions 1,3,((6,))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

(((f))) (g) region 8 except Lewis

County

(((g))) (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 ((bays and

estuaries)) 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((, and

Snohomish)) 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) Ferry County of region 4

(c) Thurston County of region 5

(d) Lincoln and Adams counties of

region 7.

(19) hawkweed, yellow (a) regions 1,2,3,5,6,7,8,((9,))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) 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.

(21) 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) 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) 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) 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) 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) 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) 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) kochia (a) Pend Oreille County of region 4

kochia scoparia (b) Kittitas County of region 6.

(29) 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.

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

Lysimachia vulgaris (b) region 5 except King County.

(((30))) (31) 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.

(((31))) (32) 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.

(((32))) (33) 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.

(((33))) (34) oxtongue,

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

Picris hieracioides (b) region 8 except Skamania County.

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

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

Wahkiakum counties.

(((35))) (36) 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) puncturevine (a) Kittitas County of region 6.

Tribulus terrestris

(((36))) (38) 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.

(((37))) (39) 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.

(((38))) (40) 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) ((Pend Oreille and)) Stevens

((counties)) county

north of Township 33 North

of region 4

(f) Ferry ((County)) 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.

(((39))) (41) sowthistle, perennial (a) regions 1,2,3,4,((5,))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.

(((40))) (42) 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.

(((41))) (43) 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.

(((42))) (44) 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.

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

Carduus nutans (b) Spokane and Pend Oreille counties.

(((44))) (46) 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.

(((45))) (47) 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.

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

Linaria dalmatica (b) Kittitas, Chelan, Douglas, and

ssp. dalmatica Adams counties of region 6

(c) Intercounty Weed District No. 51

(d) Weed District No. 3 of Grant

County

(e) Lincoln and Adams counties

(f) The western two miles of Spokane

County of region 7

(g) 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.

(((47))) (49) 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.



[Statutory Authority: RCW 17.10.080. 96-06-030, 16-750-011, filed 2/29/96, effective 3/31/96. Statutory Authority: Chapter 17.10 RCW. 95-06-002, 16-750-011, filed 2/16/95, effective 3/19/95; 94-01-076, 16-750-011, filed 12/10/93, effective 1/10/94; 93-01-004, 16-750-011, filed 12/2/92, effective 1/2/93; 91-24-072, 16-750-011, filed 12/2/91, effective 1/2/92; 91-01-016, 16-750-011, filed 12/7/90, effective 1/7/91; 90-01-004, 16-750-011, filed 12/7/89, effective 1/7/90; 88-24-002 (Order 26, Resolution No. 26), 16-750-011, filed 11/29/88; 88-18-001 (Order 24, Resolution No. 24), 16-750-011, filed 8/25/88. Statutory Authority: RCW 17.10.080. 88-07-016 (Order 22, Resolution No. 22), 16-750-011, filed 3/7/88.]

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

WAC 16-750-015 State noxious weed list--Class C noxious weeds.

Common Name Scientific Name

babysbreath Gypsophila paniculata

bindweed, field Convolvulus arvensis

canarygrass, reed Phalaris arundinacea

carrot, wild Daucus carota

chervil, wild Anthriscus sylvestris

cockle, white Silene latifolia ssp. alba

cocklebur, spiny Xanthium spinosum

cress, hoary Cardaria draba

dodder, smoothseed alfalfa Cuscuta approximata

goatgrass, jointed Aegilops cylindrica

henbane, black Hyoscyamus niger

houndstongue Cynoglossum officinale

knotweed, Japanese Polygonum cuspidatum

((kochia Kochia scoparia))

mayweed, scentless Matricaria perforata

mullein, common Verbascum thapsus

nightshade, bitter Solanum dulcamara

poison-hemlock Conium maculatum

((puncturevine Tribulus terrestris))

rocket, garden Eruca vesicaria ssp. sativa

rye, cereal Secale cereale

saltcedar Tamarix species

snapdragon, dwarf Chaenorrhinum minus

spikeweed Hemizonia pungens

St. Johnswort, common Hypericum perforatum

tansy, common Tanacetum vulgare

toadflax, yellow Linaria vulgaris

thistle, bull Cirsium vulgare

thistle, Canada Cirsium arvense

whitetop, hairy Cardaria pubescens

wormwood, absinth Artemisia absinthium



[Statutory Authority: RCW 17.10.080. 96-06-030, 16-750-015, filed 2/29/96, effective 3/31/96. Statutory Authority: Chapter 17.10 RCW. 95-06-002, 16-750-015, filed 2/16/95, effective 3/19/95; 94-01-076, 16-750-015, filed 12/10/93, effective 1/10/94; 93-01-004, 16-750-015, filed 12/2/92, effective 1/2/93; 91-24-072, 16-750-015, filed 12/2/91, effective 1/2/92; 91-01-016, 16-750-015, filed 12/7/90, effective 1/7/91; 90-01-004, 16-750-015, filed 12/7/89, effective 1/7/90; 88-24-002 (Order 26, Resolution No. 26), 16-750-015, filed 11/29/88. Statutory Authority: RCW 17.10.080. 88-07-016 (Order 22, Resolution No. 22), 16-750-015, filed 3/7/88.]

AMENDATORY SECTION (Amending WSR 93-01-004, filed 12/2/92, effective 1/2/93)

WAC 16-750-020 Noxious weeds--Civil infractions--Schedule of monetary penalties. Civil infractions under chapter 17.10 RCW shall be assessed a monetary penalty according to the following schedule:

(1) Any owner knowing of the existence of any noxious weeds on the owner's land who fails to control such weeds in accordance with chapter 17.10 RCW and the rules and regulations in force pursuant thereto shall be assessed ((as follows)) the following monetary penalties. The penalties shall be assessed per parcel, per noxious weed species, per day after expiration of the notice to control filed pursuant to RCW 17.10.170:

(a) Any Class A noxious weed:

1st offense within five years $ 750

2nd and any subsequent offense 1,000

(b) Any Class B designate noxious weed in the noxious weed control region in which the land lies:

1st offense within five years $ 500

2nd offense 750

3rd and any subsequent offense 1,000

(c) Any Class B nondesignate noxious weed in the noxious weed control region in which the land lies; or any Class C noxious weed:

1st offense within five years $ 250

2nd offense 500

3rd offense 750

4th and any subsequent offense 1,000

(2) Any person who enters upon any land in violation of an order in force pursuant to RCW 17.10.210 shall be assessed as follows:

1st offense within five years $ 500

2nd offense 750

3rd and any subsequent offense 1,000

(3) Any person who interferes with the carrying out of the provisions of chapter 17.10 RCW shall be assessed as follows:

1st offense within five years $ 500

2nd offense 750

3rd and any subsequent offense 1,000

[Statutory Authority: Chapter 17.10 RCW. 93-01-004, 16-750-020, filed 12/2/92, effective 1/2/93.]

AMENDATORY SECTION (Amending WSR 93-01-004, filed 12/2/92, effective 1/2/93)

WAC 16-750-130 State noxious weed control board--Organization. The organization of the board is as follows:

(1) The officers of the board shall be chairperson, vice-chairperson, and secretary. The title of chief administrative officer shall be the executive secretary.

(2) Duties of officers.

(a) The chairperson shall preside at all meetings of the board, has the power to appoint committees, shall act as ex officio member of all committees except the executive committee, serves as chairperson of the executive committee, serves as official signer of agreements between the board and public or private agencies, and shall perform such other duties as pertain to the office.

(b) The vice-chairperson shall perform the duties of the chairperson in his or her absence, shall act as an ex officio member of all committees, and any other duties delegated by the chairperson. The vice-chairperson shall assume the duties of and serve out the term of the chairperson upon permanent departure of same.

(c) The secretary shall be the official keeper of the minutes and shall approve them and present the minutes to the board for adoption. In the absence of the chairperson and vice-chairperson, the secretary will perform the duties of the chairperson.

(d) The duty of the executive secretary, in addition to administrative duties assigned elsewhere in this chapter, will be to keep a record of the proceedings of the board, notify all board members, county noxious weed control boards, and weed districts of meetings, act as an ex officio nonvoting member of all committees, negotiate agreements with public and private agencies on behalf of the board, and perform other responsibilities as delegated by the chairperson.

(3) Term of office. Term of office for officers of the board shall be for twelve months effective July 27 of the year elected and ending July 26 of the following year. ((Officers may serve for and be reelected for a maximum of three consecutive terms.))

(4) Election of officers. ((The nominating committee shall be responsible for presenting nominations for officers. The board chairperson shall appoint a nominating committee in May. This nominating committee shall consist of not less than three voting members: One from the west side of the state, one from the east side, and one member at large. The nominations shall be presented and elections)) Elections will be held at the first meeting of the fiscal year in July. Officers shall be elected by a majority vote of the voting members present.

(5) Vacancies of officers other than chairperson, shall be filled by election of the voting board members present.

[Statutory Authority: Chapter 17.10 RCW. 93-01-004, 16-750-130, filed 12/2/92, effective 1/2/93.]

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