WSR 00-20-026

PROPOSED RULES

NOXIOUS WEED

CONTROL BOARD

[ Filed September 27, 2000, 10:10 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-13-002.

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 a species determined to be noxious, to change areas designated for control of some noxious weeds and to delete a noxious weed from the list.

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 one new Class B noxious weed; the deletion of one species; and designation area changes for three species.

Reasons Supporting Proposal: A new nonnative species was found to be highly destructive, competitive or difficult to control. Distribution data indicated some listed species should be reclassified or deleted.

Name of Agency Personnel Responsible for Drafting: Lisa E. Lantz, Kent, Washington, (253) 872-2972; Implementation: Ray Fann, Kent, Washington, (253) 872-2972; and Enforcement: Mary A. Martin Toohey, Olympia, Washington, (360) 902-1907.

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 amendatory section shown below. The proposal adds one new Class B weed. It also deletes one species and changes the designation area for three listed species.

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

Small Business Economic Impact Statement

     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 January 2000 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 2000. An additional reminder notice was sent during the comment period. A handout was also provided, which included tips for making a successful recommendation.

     The WSNWCB Noxious Weed Committee, which is composed of scientific advisors, county representatives, WSNWCB representatives, a nursery industry representative, and a public interest representative, first met in May of 2000 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 then developed a draft set of recommendations for changes to the state noxious weed list. The preproposal statement was filed in June and the draft amendments were sent out for comment in August 2000.

     The Noxious Weed Committee met a second 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 2000.

     Summary of Amendments: The following changes are proposed:

     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 three previously listed species, each in only one county or a smaller area (Daucus carota, Chondrilla juncea, and Kochia scoparia). These species have been found to have only limited distribution in the areas where they are proposed for designation, making control and containment feasible. The areas required for control of Daucus carota and Chondrilla juncea would actually be made smaller.

     Add one new nonnative species that is highly destructive, competitive, or difficult to control (Nymphoides peltata). The species is designated for control where it is unknown or of limited distribution.

     Delete one nonnative species (Eruca vesicaria ssp. sativa). Recent evaluation indicates this species has not been highly destructive, competitive, or difficult to control in Washington.

     Costs of Compliance: Deleting a species from the state noxious weed list should have very little economic impact to businesses. 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) - $40 to $100 for license and study materials, $20 to $500 for permit notices and signage.
Recordkeeping - fifteen minutes to two 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, 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 proposed changes to the Class B list would 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 14, 2000, at the Long Beach PUD Office, 9610 Sandridge Road, Long Beach, 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 14, 2000.

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

Section 201, chapter 403, Laws of 1995, 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: Long Beach PUD, 9610 Sandridge Road, Long Beach, WA, on November 14, 2000, at 9:00-10:00 a.m.

Assistance for Persons with Disabilities: Contact Lisa E. Lantz by November 10, 2000, TDD (360) 902-1996, or (253) 872-2972.

Submit Written Comments to: Lisa E. Lantz, 1851 South Central Place, Suite 211, Kent, WA 98031, fax (253) 872-6320, by November 10, 2000.

Date of Intended Adoption: November 14, 2000.

September 27, 2000

Lisa E. Lantz

Executive Secretary

OTS-4432.1


AMENDATORY SECTION(Amending WSR 99-24-029, filed 11/23/99, effective 1/3/00)

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

     Alopecurus

     myosuroides

(a) regions 1, 2, 3, 5, 6, 8, 9, 10
(b) Ferry, Stevens, Pend Oreille counties of region 4
(c) Adams County of region 7.
(2)     blueweed

     Echium vulgare

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

     Cytisus scoparius

(a) regions 3, 4, 6, 7, 9, 10.
(4)     bryony, white

     Bryonia alba

(a) regions 1, 2, 3, 4, 5, 6, 8, 9
(b) region 7 except Whitman County
(c) Franklin County of region 10.
(5)     bugloss, common

     Anchusa officinalis

(a) regions 1, 2, 3, 5, 6, 8, 9, 10
(b) region 4 except Stevens and Spokane counties
(c) Lincoln, Adams, and Whitman counties of region 7.
(6)     bugloss, annual

     Anchusa arvensis

(a) regions 1, 2, 3, 4, 5, 6, 8, 9
(b) Lincoln and Adams counties
(c) Whitman County except ranges 43 through 46 East of Townships 16 through 20 North.
(7)     camelthorn

     Alhagi maurorum

(a) regions 1, 2, 3, 4, 5, 7, 8, 9
(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 5, 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.
(8)     carrot, wild

     Daucus carota

(a) regions 3, 7((, 10)) (except where intentionally cultivated)
(b) Spokane and Ferry counties of region 4 (except where intentionally cultivated)
(c) region 6, except Yakima County (except where intentionally cultivated)
(d) region 9, except Yakima County (except where intentionally cultivated)
(e) region 10, except Walla Walla County (except where intentionally cultivated.
(9)     catsear, common

     Hypochaeris

     radicata

(a) regions 3, 4, 6, 7, 10
(b) region 9 except Klickitat County.
(10)     chervil, wild

     Anthriscus

     sylvestris

(a) regions 1, 3, 4, 6, 7, 9, 10
(b) region 5 except those portions of Thurston County within T15, 16, 17N, R2, 3, 4W
(c) region 2 except Guemes Island in Skagit County
(d) region 8 except Clark County.
(11)     cinquefoil, sulfur

     Potentilla recta

(a) regions 1, 3, 8, 10
(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.
(12)     cordgrass, smooth

     Spartina

     alterniflora

(a) regions 1, 3, 4, 5, 6, 7, 9, 10
(b) region 2 except Padilla Bay of Skagit County
(c) region 8 except bays and estuaries of Pacific County.
(13)     cordgrass, common

     Spartina anglica

(a) regions 1, 3, 4, 5, 6, 7, 8, 9, 10
(b) region 2 except bays and estuaries of Skagit and Island counties and except bays and estuaries north of Everett in Snohomish County.
(14)     daisy, oxeye

     Leucanthemum

     vulgare

(a) regions 7, 10
(b) region 9 except those areas lying 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.
(15)     elodea, Brazilian

     Egeria densa

(a) regions 3, 4, 6, 7, 9, 10
(b) Lewis County of region 8
(c) Clallam County of region 1.
(16)     fanwort

     Cabomba caroliniana

(a) regions 1, 2, 3, 4, 5, 6, 7, 9, 10
(b) region 8 except T8N, R3W of Cowlitz County.
(17)     fieldcress, Austrian

     Rorippa austriaca

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

regions 7 and 10 except within the Palouse River Canyon from Big Palouse Falls to the Snake River.
(18) floating heart, yellow

     Nymphoides pletata

(a) regions 1, 2, 3, 5, 6, 7, 8, 9, 10
(b) region 4 except the Spokane River between Long Lake Dam and Nine Mile Dam.
(((18))) (19)     gorse

     Ulex europaeus

(a) regions 3, 4, 6, 7, 9, 10
(b) Skagit and Whatcom counties of region 2
(c) Thurston, Pierce, and King counties of region 5
(d) Wahkiakum, Cowlitz, and Lewis counties of region 8
(e) Clallam County of region 1.
(((19))) (20)     hawkweed, mouseear

     Hieracium pilosella

(a) regions 1, 2, 3, 4, 6, 7, 8, 9, 10
(b) region 5 except Thurston County
(c) Thurston County lying within T17N, R1W, S31; T16N, R2W, S30 W1/2; T16N, R3W, S25, SE1/4; T16N, R3W, S36, N1/2; T16N, R2W, S31, NW1/4.
(((20))) (21)     hawkweed, orange

     Hieracium

     aurantiacum

(a) regions 3, 6, 9, 10
(b) Clallam County of region 1
(c) Skagit County of region 2
(d) Ferry County of region 4
(e) Thurston and King counties of region 5
(f) Lincoln and Adams counties of region 7
(g) Lewis County of region 8.
(((21))) (22)     hawkweed, polar

     Hieracium atratum

(a) regions 1, 2, 3, 4, 6, 7, 8, 9, 10
(b) region 5 outside the boundaries of Mt. Rainier National Park.
(((22))) (23)     hawkweed, smooth

     Hieracium laevigatum

(a) regions 1, 3, 4, 5, 6, 7, 8, 9, 10
(b) San Juan, Island, and Skagit counties of region 2.
(((23))) (24)     hawkweed, yellow

     Hieracium

     caespitosum

(a) regions 1, 2, 3, 5, 6, 7, 8, 10
(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.
(((24))) (25)     hedgeparsley

     Torilis arvensis

(a) regions 1, 2, 3, 4, 5, 6, 7, 8, 10
(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.
(((25))) (26)     helmet, policeman's

     Impatiens glandulifera

(a) regions 1, 3, 4, 6, 7, 8, 9, 10
(b) region 2 except Whatcom County
(c) region 5 except Pierce and Thurston counties.
(((26))) (27)     herb-Robert

     Geranium

     robertianum

(a) regions 3, 4, 6, 7, 9, 10
(((27))) (28)     houndstongue

     Cynoglossum officinale

(a) Kittitas County of region 6.
(((28))) (29)     indigobush

     Amorpha fruticosa

(a) regions 1, 2, 3, 4, 5, 6
(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.
(((29))) (30)     knapweed, black

     Centaurea nigra

(a) regions 1, 2, 3, 4, 5, 7, 9, 10
(b) region 6 except Kittitas County
(c) region 8 except Clark County.
(((30))) (31)     knapweed, brown

     Centaurea jacea

(a) regions 1, 2, 3, 4, 5, 7, 9, 10
(b) region 6 except Kittitas County
(c) region 8 except Clark County.
(((31))) (32)     knapweed, diffuse

     Centaurea diffusa

(a) regions 1, 2, 5, 8
(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.
(((32))) (33)     knapweed, meadow

     Centaurea jacea x

     nigra

(a) regions 1, 2, 3, 4, 5, 7, 9, 10
(b) region 6 except Kittitas County
(c) region 8 except Clark County.
(((33))) (34)     knapweed, Russian

     Acroptilon repens

(a) regions 1, 2, 5, 7, 8
(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.
(((34))) (35)     knapweed, spotted

     Centaurea

     biebersteinii

(a) regions 1, 2, 3, 5, 6, 8, 9
(b) Ferry County of region 4
(c) Adams and Whitman counties of region 7
(d) region 10 except Garfield County.
(((35))) (36)     knotweed, giant

     Polygonum

     sachalinense

(a) Kittitas County of region 6.
(((36))) (37)     knotweed, Japanese

     Polygonum cuspidatum

(a) Kittitas County of region 6.
(((37))) (38)     kochia

     Kochia scoparia

(a) Clallam County of region 1
(b) Skagit and Whatcom counties of region 2
(((b))) (c) Pend Oreille County of region 4
(((c))) (d) King County of region 5

(((d))) (e)

Kittitas County of region 6.

(((38))) 39     lepyrodiclis

     Lepyrodiclis

     holosteoides

(a) regions 1, 2, 3, 4, 5, 6, 8, 9, 10
(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.
(((39))) (40)     loosestrife, garden

     Lysimachia vulgaris

(a) regions 1, 2, 3, 4, 6, 7, 8, 9, 10
(b) region 5 except King County
(c) Those portions of King County lying north of I-90 and east of the line extending from SR522 to SR202 to E. Lake Sammamish Parkway; west of I-5 including Vashon Island; south of I-90 and east and south of I-405 to the county line.
(((40))) (41)     loosestrife, purple

     Lythrum salicaria

(a) regions 1, 4, 7, 8
(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) Grays Harbor, Mason, Kitsap, and Thurston counties of region 5
(e) Those portions of King County lying north of I-90 and east of the line extending from SR522 to SR202 to E. Lake Sammamish Parkway; west of I-5 including Vashon Island; south of I-90 and east and south of I-405 to the county line
(f) Pierce County, except those areas lying within T2D, 21, 22N, R1W and R1E, all sections
(g) 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
(h) region 9 except Benton County
(i) region 10 except Walla Walla County
(j) Intercounty Weed Districts No. 51 and No. 52.
(((41))) (42)     loosestrife, wand

     Lythrum virgatum

(a) regions 1, 4, 7, 8
(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) Those portions of King County lying north of I-90 and east of the line extending from SR522 to SR202 to E. Lake Sammamish Parkway; west of I-5 including Vashon Island; south of I-90 and east and south of I-405 to the county line
(f) 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
(g) region 9 except Benton County
(h) region 10 except Walla Walla County
(i) Intercounty Weed Districts No. 51 and No. 52.
(((42))) (43)     nutsedge, yellow

     Cyperus esculentus

(a) regions 1, 2, 3, 4, 5, 7, 8
(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.
(((43))) (44)     oxtongue, hawkweed

     Picris hieracioides

(a) regions 1, 2, 3, 4, 5, 6, 7, 9, 10
(b) region 8 except Skamania County.
(((44))) (45)     parrotfeather

     Myriophyllum

     aquaticum

(a) regions 1, 2, 3, 4, 5, 6, 7, 9, 10
(b) region 8 except Clark, Cowlitz, and Wahkiakum counties.
(((45))) (46)     pepperweed, perennial

     Lepidium latifolium

(a) regions 1, 2, 3, 4, 5, 7, 8, 10
(b) Intercounty Weed Districts No. 51 and 52
(c) Kittitas County of region 6
(d) Adams County of region 6 except for the area west of Highway 17 and north of Highway 26.
(((46))) (47)     primrose, water

     Ludwigia hexapetala

(a) regions 1, 2, 3, 4, 5, 6, 7, 9, 10
(b) region 8 except T8N, R3W, S14 of Cowlitz County.
(((47))) (48)     puncturevine

     Tribulus terrestris

(a) Skagit County of region 2
(b) Kittitas County of region 6
(c) Adams County
(d) Clallam County of region 1.
(((48))) (49)     ragwort, tansy

     Senecio jacobaea

(a) regions 3, 4, 6, 7, 9, 10
(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.
(((49)     rocket, garden

     Eruca Vesicaria ssp.

     sativa

(a) regions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 (except where intentionally cultivated).))
(50)     sandbur, longspine

     Cenchrus longispinus

(a) regions 1, 2, 3, 4, 5, 7, 8
(b) Adams County of region 6 except for that area lying within Intercounty Weed District No. 52
(c) Intercounty Weed District No. 51
(d) Kittitas County of region 6.
(51)     skeletonweed, rush

     Chondrilla juncea

(a) regions 1, 2, 3, 5, 8, 9
(b) Franklin County except T13N, R36E; and T14N, R36E
(c) Adams County except those areas lying east 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)) County south of Highway 12
(i) Columbia County from the Walla Walla County line on Highway 12, all areas south of Turner Road; at Turner Road to the Garfield county line, all areas south and east of Turner Road
(j) 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.
(52)     snapdragon, dwarf

     Chaenorrhinum minus

(a) regions 1, 2, 3, 5, 6, 8, 9, 10
(b) region 4 except Spokane County
(c) region 7 except Spokane County.
(53)     sowthistle, perennial

     Sonchus arvensis

     ssp. arvensis

(a) regions 1, 2, 3, 4, 7, 8, 9, 10
(b) Adams County of region 6
(c) region 5 except for sections 28, 29, 30, 31, 32, and 33 in T19N, R1E of Thurston and Pierce counties.
(54)     spurge, leafy

     Euphorbia esula

(a) regions 1, 2, 3, 4, 5, 6, 8, 9, 10
(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.
(55)     starthistle, yellow

     Centaurea solstitialis

(a) regions 1, 2, 3, 5, 6, 8
(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.
(56)     Swainsonpea

     Sphaerophysa salsula

(a) regions 1, 2, 3, 4, 5, 7, 8
(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.
(57)     thistle, musk

     Carduus nutans

(a) regions 1, 2, 3, 5, 6, 7, 8, 9, 10
(b) Spokane and Pend Oreille counties.
(58)     thistle, plumeless

     Carduus acanthoides

(a) regions 1, 2, 3, 5, 6, 7, 8, 9, 10
(b) region 4 except those areas within Stevens County lying north of State Highway 20.
(59)     thistle, Scotch

     Onopordum

     acanthium

(a) regions 1, 2, 3, 4, 5, 6, 8, 9
(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.
(60)     toadflax, Dalmatian

     Linaria dalmatica

     ssp. dalmatica

(a) regions 1, 2, 5, 8, 10
(b) Douglas County of region 3 lying south of T25N, west of R25E, and east of R28E
(c) Okanogan County lying within T 33, 34, 35N, R19, 20, 21, 22E, except the southwest, southeast, and northeast quarters of the northeast quarter of section 27, T35N, R21E; and the northeast quarter of the southeast quarter of section 27, T35N, R21E
(d) Kittitas, Chelan, Douglas, and Adams counties of region 6
(e) Intercounty Weed District No. 51
(f) Weed District No. 3 of Grant County
(g) Lincoln and Adams counties
(h) The western two miles of Spokane County of region 7
(i) 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.
(61)     watermilfoil, Eurasian

     Myriophyllum

     spicatum

(a) regions 1, 9, 10
(b) region 7 except Spokane 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: Chapter 17.10 RCW.      99-24-029, § 16-750-011, filed 11/23/99, effective 1/3/00; 98-24-026, § 16-750-011, filed 11/23/98, effective 1/2/99; 97-24-051, § 16-750-011, filed 11/26/97, effective 1/2/98; 97-06-108, § 16-750-011, filed 3/5/97, effective 4/5/97.      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 99-24-029, filed 11/23/99, effective 1/3/00)

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

Common Name Scientific Name
babysbreath Gypsophila paniculata
beard, old man's Clematis vitalba
bindweed, field Convolvulus arvensis
canarygrass, reed Phalaris arundinacea
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, giant Polygonum sachalinense
knotweed, Japanese Polygonum cuspidatum))
mayweed, scentless Matricaria perforata
poison-hemlock Conium maculatum
rye, cereal Secale cereale
spikeweed Hemizonia pungens
St. Johnswort, common Hypericum perforatum
tansy, common Tanacetum vulgare
thistle, bull Cirsium vulgare
thistle, Canada Cirsium arvense
toadflax, yellow Linaria vulgaris
whitetop, hairy Cardaria pubescens
wormwood, absinth Artemisia absinthium

[Statutory Authority: Chapter 17.10 RCW.      99-24-029, § 16-750-015, filed 11/23/99, effective 1/3/00; 98-24-026, § 16-750-015, filed 11/23/98, effective 1/2/99; 97-06-108, § 16-750-015, filed 3/5/97, effective 4/5/97.      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.]

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