WSR 08-20-124

PROPOSED RULES

NOXIOUS WEED

CONTROL BOARD

[ Filed October 1, 2008, 7:25 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-16-125.

Title of Rule and Other Identifying Information: Chapter 16-750 WAC, State noxious weed list and schedule of monetary penalties. The board is proposing to amend the state noxious weed list and state weed board meeting guidelines.

Hearing Location(s): Red Lion, 607 East Yakima Avenue, Yakima, WA 98901, on November 4, 2008, at 1:30 p.m.

Date of Intended Adoption: November 18, 2008.

Submit Written Comments to: Cindy Orr, WSNWCB, P.O. Box 42560-2560, Olympia, WA 98504-2560, e-mail corr@agr.wa.gov, fax (360) 725-5764, by October 31, 2008.

Assistance for Persons with Disabilities: Contact Cindy Orr by October 31, 2008, TTY (800) 833-6388.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Washington state noxious weed list provides the basis for noxious weed control efforts for county and district weed control boards and other entities. It also provides guidelines for the state noxious weed control board.

This proposal amends chapter 16-750 WAC by:

(1) Adding three new weed species to the Class A list (shiny geranium, Geranium lucidum; false brome, Brachypodium sylvaticum; and flowering rush, Butomus umbellatus and two new weed species to the Class C list (Himalayan blackberry, Rubus armeniacus; evergreen blackberry, Rubus lacianatus).

(2) Changing one weed species from the Class B list to the Class A list (smooth cordgrass, Spartina alterniflora).

(3) Changing the designation of nine Class B weeds (white bryony, Bryonia alba; Bohemian knotweed, Polygonum bohemicum; giant knotweed, P. sachalinense; Himalayan knotweed, P. polystachyum; Japanese knotweed, P. cuspidatum; annual bugloss, Anchusa arvensis; myrtle spurge, Euphorbia myrsinites; yellow starthistle; Centaurea solstitialis).

(4) Changing the meeting schedule of the state noxious weed control board.

Reasons Supporting Proposal: Noxious weeds are nonnative, invasive species that are difficult to control and are destructive to Washington's agriculture and natural resources. Once established, noxious weeds can colonize our croplands, rangelands, forests, parks, wetlands, estuaries, and waterways, causing economic and ecological damage. RCW 17.10.080 requires the Washington state noxious weed control board to adopt a state noxious weed list each year. The purpose of the state weed list is to limit economic loss and adverse effects to Washington's agricultural, natural, and human resources due to the presence and spread of noxious weeds in the state.

Proposed changes are based on written findings, current county and state specific information, known infestations, potential spread, distribution, potential impact, and the weed list classification A, B, and C categories as defined in WAC 16-750-003.

Statutory Authority for Adoption: Chapter 17.10 RCW.

Statute Being Implemented: Chapter 17.10 RCW.

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

Name of Proponent:

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

Small Business Economic Impact Statement

Is a small business economic impact statement (SBEIS) required for this proposed rule? Yes, an SBEIS is required for portions of this rule proposal. The Washington state noxious weed control board (WSNWCB) assessed the impact on small businesses of the rules in this proposal that are subject to economic impact analysis. For most of the proposed changes to chapter 16-750 WAC, the impacts to the majority of small businesses are less than $51 and thus below the threshold amount of $100 under the definition of "minor costs" in RCW 19.85.020. However, there are a few small businesses for which the implementation of the rule changes, related to changing smooth cordgrass, Spartina alterniflora, would cost more than $100 so the WSNWCB analyzed the impacts.

Those portions of the rule dealing with shiny geranium, false brome, flowering rush, and evergreen and Himalayan blackberry do not require an SBEIS. To the best of our knowledge, the three invasive plant species that have been proposed as Class A noxious weeds for 2009 are currently limited in distribution in Washington state and known populations primarily occur on public land so small businesses should not be affected by these additions. The two closely related invasive plant species that have been proposed as Class C noxious weeds are widespread throughout much of Washington state and as Class C weeds, control is not mandated by the WSNWCB. None of the species are sold through the horticultural industry.

The two main infestations of shiny geranium, Geranium lucidum, occur in Skagit and Clark counties on land owned by Washington state parks and the Washington department of natural resources, respectively.
The one known infestation of false brome, Brachypodium sylvaticum, occurs on Washington state parks land in Skamania County and is actively being eradicated.
Flowering rush, Butomus umbellatus, has been located in a lake owned in part by Whatcom County Parks and Recreation and the Boy Scouts of America. The other population occurs in Benton County along the Yakima River.
Evergreen and Himalayan blackberry species, Rubus laciniatus and R. armeniacus, are widespread in Washington state, and the Class C listing does not mandate control at the state level.
Proposals that require an SBEIS: An SBEIS is required for the portion of the rule proposal changing smooth cordgrass, Spartina alterniflora from a Class B noxious weed to a Class A noxious weed.

Which industries are affected by this proposed rule? Smooth cordgrass, Spartina alterniflora, is one of four invasive, nonnative cordgrass species that has serious detrimental ecological and economical impacts to Washington's bays and estuaries. Monotypic stands of Spartina convert bare mudflats into meadows, causing flooding and altering habitat. It rapidly colonizes tidal mudflats and displaces native eelgrass beds, Zostera marina, thereby reducing biodiversity of macroinvertebrates associated with these two habitats, as well as biodiversity and abundance of birds - particularly migratory shorebirds and waterfowl - and wildlife dependent upon these macroinvertebrates and habitat. The estuaries and bays that Spartina has invaded are extremely valuable resources to Washington state for commercial shellfish growing, commercial fishing including salmon, and recreational uses as well as for their ecological functioning and habitat. Spartina meadows displace tidal mudflats that have been used for growing shellfish such as oysters and Manilla clams.

Significant progress has been made to eradicate this invasive plant from Willapa Bay and millions of dollars have been spent to reduce the acreage of Spartina in Washington state. Failure to properly control Spartina, which can spread via seeds or by rhizomes, on one property could potentially result in reinfestation of this species on other properties thereby undermining the progress that has already been made.

RCW 17.10.140(1) requires landowners to eradicate a Class A noxious weed, meaning to eliminate the weed within an area of infestation. In contrast, landowners are only required to control a Class B noxious weed, meaning to prevent all seed production and to prevent the dispersal of propagules (e.g., turions, fragments, nutlets, and tubers) of aquatic weeds. Plants of Class B noxious weeds may persist on a property so long as they are controlled thereby preventing spread; whereas, a Class A noxious weed must be physically eliminated from the property. The rule proposal includes a provision to change Spartina alterniflora from Class B to Class A. If adopted, the rule will apply to all landowners whether businesses or private.

The affected businesses are entities that own tidal land containing the noxious weed, smooth cordgrass, Spartina alterniflora. According to the WSDA Spartina Eradication Program 2007 Progress Report, the majority of S. alterniflora occurs in Willapa Bay; therefore, the small businesses that could be affected by this rule change are those of Willapa Bay. These are typically shellfish growers, and according to the Pacific Coast Shellfish Growers Association, there are twenty-nine shellfish growers in Willapa Bay.

What are the costs of complying with this proposed rule for small businesses and for the largest 10% of businesses affected? The majority of small businesses in Willapa Bay will not be affected by this rule change. Spartina alterniflora is currently a Class B noxious weed that has been selected for control by the Pacific County Noxious Weed Control Board, meaning that landowners within the county are required by law (chapter 17.10 RCW) to control and prevent the spread of this species. However, 99% of the approximately three hundred private landowners and the state agencies dealing with this species in Willapa Bay have already been treating it with the goal of eradication; therefore, the rule change would not affect their current efforts. Members of the Willapa Bay Oyster Growers Association have already been partnering with such entities as Washington state department of agriculture (WSDA), United States Fish and Wildlife Service, Washington department of fish and wildlife, Washington department of natural resources, The Nature Conservancy, and the Shoalwater Tribe to eradicate Spartina alterniflora from Willapa Bay.

The types of costs that affected businesses might incur due to the rule change are costs associated with weed eradication such as labor, equipment, and supplies, and the costs for hiring professional services to eradicate the weed. In Willapa Bay, the largest known contiguous Spartina infestation occurring on private land does not cover more than three acres at this time. It should be noted that RCW 17.10.160 allows county noxious weed control boards to work with landowners to contract an enforceable management plan to control or eradicate noxious weeds from a property over a specific period of time. While the WSNWCB cannot guarantee this option, it is possible that the county noxious weed control board will work with landowners to develop an eradication plan of Spartina on a given property.

No jobs will be lost as a result of the proposed change, and because Spartina alterniflora has proven to negatively impact shellfish growers, eradication of this invasive plant actually protects jobs and the industry.

Does the proposed rule impose a disproportionate impact on small businesses? The proposed rule does not inherently impose a disproportionate cost on small businesses. However, most affected businesses are small businesses as defined in chapter 19.85 RCW. Owners of large properties will likely incur greater costs than small businesses on average but the costs to eradicate Spartina alterniflora are primarily affected by the amount of S. alterniflora on a business's property and the method used to eradicate the infestation. Typically, chemical or mechanical methods are available.

If the proposed rule imposes a disproportionate impact of [on] small businesses what efforts were taken to reduce that impact? The majority of small businesses will not be affected by the rule change since they have already been partnering with the WSDA Spartina eradication program. For those small businesses that will be affected by the rule change that will require eradication and not control, RCW 17.26.007 notes that WSDA may mitigate costs with a 50% match on private funds used to comply with the Spartina eradication program. The board cannot guarantee the future availability of cost share funds but such funds have been available for Spartina eradication for the last thirteen years and are expected to be available in 2009.

The board has evaluated options for reducing the costs of compliance by small business including those options listed in RCW 19.85.030(2). The proposed rule does not have any record-keeping or inspection requirements. As this rule change is necessary to address an invasive weed that has potential to detrimentally affect the viability of small shellfish growing operations, changes to the rule to compliance deadlines or modifying substantive regulatory requirements would likely have a worse economic impact on small business. Failure to control Spartina alterniflora could result in decreased shellfish production leading to lost sales and revenue and fewer jobs. At the rate of successful Spartina eradication that has been achieved during the past few years, compliance with the proposed rule will likely cost the average small business less than $100 per year, although costs to individual landowners will vary, during the period of eradication, estimated at one or two more years. If Spartina alterniflora is successfully eradicated, no further costs will be incurred by small businesses.

How are small businesses involved in the development of this proposed rule? The WSNWCB listing process is open to the public at every step. Anyone may submit a proposal to change the annual noxious weed list (chapter 16-750 WAC) and to provide verbal or written testimony at the public hearing during which time the weed board votes on the proposed changes. The state weed board bimonthly meetings, including committee meetings, are also open to the public, and interested parties have been attending these meetings to provide input.

The majority of small businesses affected support this rule change. Small shellfish growing operations have expressed support for the proposed rule to the board and do not support any delay of implementation of the rule. Failure to address Spartina alterniflora could once again jeopardize the small businesses. Many of the shellfish growers have already been contributing time and money towards the eradication of Spartina alterniflora; Spartina on a few properties has the potential to reinfest Willapa Bay and reverse the progress that has already been made by the majority of small businesses, landowners, and stakeholders. The Pacific Coast Shellfish Growers Association, which represents twenty-one of the twenty-nine shellfish growers in Willapa Bay, is in full support of this rule change. Additionally, the Willapa-Grays Harbor Oyster Growers Association, along with individual shellfish growers, such as Northern Oyster Company, have expressed their support to change S. alterniflora to a Class A. The majority of small businesses feel that the rule change is needed to protect the environment and long-term economic viability of their businesses.

A copy of the statement may be obtained by contacting Cindy Orr, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 725-5764, fax (360) 902-2094, e-mail corr@agr.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. The Washington state noxious weed control board is not one of the agencies listed in this section.

September 22, 2008

Alison Halpern

Executive Secretary

OTS-1956.1


AMENDATORY SECTION(Amending WSR 07-24-023, filed 11/28/07, effective 1/1/08)

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
brome, false Brachypodium sylvaticum
broom, Spanish Spartium junceum
buffalobur Solanum rostratum
bulrush, ricefield Schoenoplectus mucronatus
clary, meadow Salvia pratensis
cordgrass, common Spartina anglica
cordgrass, dense flower Spartina densiflora
cordgrass, salt meadow Spartina patens
cordgrass, smooth Spartina alterniflora
crupina, common Crupina vulgaris
flax, spurge Thymelaea passerina
four o'clock, wild Mirabilis nyctaginea
geranium, shiny Geranium lucidum
goatsrue Galega officinalis
hawkweed, European Hieracium sabaudum
hawkweed, yellow devil Hieracium floribundum
hogweed, giant Heracleum mantegazzianum
hydrilla Hydrilla verticillata
johnsongrass Sorghum halepense
knapweed, bighead Centaurea macrocephala
knapweed, Vochin Centaurea nigrescens
kudzu Pueraria montana var. lobata
milfoil, variable-leaf Myriophyllum heterophyllum
mustard, garlic Alliaria petiolata
nightshade, silverleaf Solanum elaeagnifolium
primrose-willow, floating Ludwigia peploides
rush, flowering Butomus umbellatus
sage, clary Salvia sclarea
sage, Mediterranean Salvia aethiopis
spurge, eggleaf Euphorbia oblongata
starthistle, purple Centaurea calcitrapa
sweetgrass, reed Glyceria maxima
thistle, Italian Carduus pycnocephalus
thistle, milk Silybum marianum
thistle, slenderflower Carduus tenuiflorus
velvetleaf Abutilon theophrasti
woad, dyers Isatis tinctoria

[Statutory Authority: Chapters 17.10 and 34.05 RCW. 07-24-023, 16-750-005, filed 11/28/07, effective 1/1/08; 05-24-026, 16-750-005, filed 11/30/05, effective 12/31/05; 03-04-001, 16-750-005, filed 1/22/03, effective 2/22/03. Statutory Authority: Chapter 17.10 RCW. 99-24-029, 16-750-005, filed 11/23/99, effective 1/3/00; 98-24-026, 16-750-005, filed 11/23/98, effective 1/2/99; 97-24-051, 16-750-005, filed 11/26/97, effective 1/2/98. 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 07-24-023, filed 11/28/07, effective 1/1/08)

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) alyssum, hoary Berteroa incana (a) regions 1, 2, 5, 6, 8, 9, 10
(b) region 3, except Okanogan County
(c) Okanogan County, of region 3, except Ranges 29 through 31 East of Townships 37 through 40 North
(d) Adams and Whitman counties of region 7.
(2) arrowhead, grass-leaved Sagittaria graminea (a) regions 1, 3, 4, 6, 7, 8, 9, 10
(b) region 2 except Lake Roesiger, Lake Serene, Lake Loma and Echo Lake in Snohomish County
(c) region 5 except Mason Lake in Mason County.
(3) 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.
(4) 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.
(5) broom, Scotch Cytisus

scoparius

(a) regions 3, 4, 6, 7, 9, 10.
(6) bryony, white Bryonia alba (a) regions 1, 2, 3, 4, 5, 6, 8, 9
(b) region 7 except Whitman County
(c) Franklin ((County)) and Asotin counties of region 10.
(7) 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.
(8) 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((.))
(d) Asotin County of region 10.
(9) butterfly bush Buddleja davidii (a) Pend Oreille County of region 4
(b) Grays Harbor County, and that portion of Thurston County lying below the ordinary high-water mark of the Nisqually River in region 5
(c) Kittitas County of region 6
(d) Lincoln County of region 7.
(10) 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.
(11) carrot, wild Daucus carota (a) regions 3, 7 (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.
(12) catsear, common Hypochaeris radicata (a) regions 3, 4, 6, 7, 10
(b) region 9 except Klickitat County.
(13) chervil, wild Anthriscus sylvestris (a) regions 1, 3, 4, 5, 6, 7, 9, 10
(b) region 2 except Guemes Island in Skagit County
(c) region 8 except Clark County.
(14) 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.
(15) ((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.
(16))) 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.
(((17))) (16) elodea, Brazilian Egeria densa (a) regions 3, 4, 6, 7, 9, 10
(b) Lewis County of region 8
(c) Clallam County of region 1
(d) King County of region 5, except lakes Washington, Sammamish, Union and Fenwick.
(((18))) (17) fanwort Cabomba caroliniana (a) regions 1, 2, 3, 4, 5, 6, 7, 9, 10
(b) region 8 except T8N, R3W of Cowlitz County.
(((19))) (18) fennel, common Foeniculum vulgare (except var. azoricum) (a) regions 3, 4, 6, 7, 8, 9, 10
(b) region 1 except the incorporated areas of Port Townsend
(c) region 2 except the incorporated areas of Anacortes and Mount Vernon
(d) region 5 except King and Kitsap counties.
(((20))) (19) 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.
(((21))) (20) floating heart, yellow Nymphoides peltata (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.
(((22))) (21) gorse Ulex europaeus (a) regions 1, 3, 4, 6, 7, 9, 10
(b) Skagit, Island, and Whatcom counties of region 2
(c) Thurston, Kitsap, Pierce, and King counties of region 5
(d) Wahkiakum, Clark, Skamania, Cowlitz, and Lewis counties of region 8.
(((23))) (22) 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.
(((24))) (23) hawkweed, orange Hieracium aurantiacum (a) regions 1, 3, 6, 9, 10
(b) Skagit County of region 2
(c) Ferry County of region 4
(d) Pierce, Thurston and King counties of region 5
(e) Lincoln and Adams counties of region 7
(f) Lewis County of region 8.
(((25))) (24) 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.
(((26))) (25) hawkweed, queen-devil Hieracium glomeratum (a) regions 1, 2, 3, 5, 6, 7, 8, 9, 10
(b) Ferry County of region 4.
(((27))) (26) 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.
(((28))) (27) hawkweed, yellow Hieracium caespitosum (a) regions 1, 2, 3, 5, 6, 7, 8, 10
(b) region 4 except Stevens and Pend Oreille counties
(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.
(((29))) (28) 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 Thurston County.
(((30))) (29) herb-Robert Geranium robertianum (a) regions 3, 4, 6, 7, 9, 10
(((31))) (30) houndstongue Cynoglossum officinale (a) Kittitas County of region 6
(b) Douglas and Chelan counties of regions 3 and 6.
(((32))) (31) 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.
(((33))) (32) knapweed, black Centaurea nigra (a) regions 1, 2, 3, 4, 7, 9, 10
(b) region 5 except that area below the ordinary highwater mark of the Nisqually River, beginning at Alder Dam and downstream to the mouth of the Nisqually River in Pierce and Thurston counties
(c) region 6 except Kittitas County
(d) region 8 except Clark County.
(((34))) (33) knapweed, brown Centaurea jacea (a) regions 1, 2, 3, 4, 7, 9, 10
(b) region 5 except that area below the ordinary highwater mark of the Nisqually River, beginning at Alder Dam and downstream to the mouth of the Nisqually River in Pierce and Thurston counties
(c) region 6 except Kittitas County
(d) region 8 except Clark County.
(((35))) (34) 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.
(((36))) (35) knapweed, meadow Centaurea jacea x nigra (a) regions 1, 2, 3, 4, 7, 9, 10
(b) region 5 except that area below the ordinary highwater mark of the Nisqually River, beginning at Alder Dam and downstream to the mouth of the Nisqually River in Pierce and Thurston counties
(c) region 6 except Kittitas County
(d) region 8 except Clark County.
(((37))) (36) 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.
(((38))) (37) knapweed, spotted Centaurea stoebe (a) regions 1, 2, 3, 5, 6, 9
(b) Ferry County of region 4
(c) Adams and Whitman counties of region 7
(d) region 8, except that portion of Lewis County below the ordinary high watermark of the Tilton River from Hwy. 508 to Lake Mayfield
(e) region 10 except Garfield County.
(((39))) (38) knotweed, Bohemian Polygonum bohemicum (a) Kittitas County of region 6
(b) Chelan and Douglas counties of regions 3 and 6
(c) Pend Oreille County of region 4((.))
(d) Asotin County of region 10.
(((40))) (39) knotweed, giant Polygonum sachalinense (a) Kittitas County of region 6
(b) Pend Oreille County of region 4((.))
(c) Asotin County of region 10.
(((41))) (40) knotweed, Himalayan Polygonum polystachyum (a) Kittitas County of region 6
(b) Pend Oreille County of region 4
(c) Lewis County of region 8((.))
(d) Asotin County of region 10.
(((42))) (41) knotweed, Japanese Polygonum cuspidatum (a) Kittitas County of region 6
(b) Chelan and Douglas counties of regions 3 and 6
(c) Pend Oreille County of region 4((.))
(d) Asotin County of region 10.
(((43))) (42) kochia Kochia scoparia (a) Regions 1, 2, 5, 8
(b) Pend Oreille County of region 4
(c) Kittitas County of region 6.
(((44))) (43) laurel, spurge Daphne laureola (a) regions 3, 4, 6, 7, 8, 9, 10
(b) San Juan, Snohomish and Skagit counties of region 2
(c) Grays Harbor and Mason counties of region 5.
(((45))) (44) lawnweed Soliva sessilis (a) regions 1, 2, 3, 4, 6, 7, 8, 9, 10
(b) ((region 2 except Snohomish County
(c))) region 5 except King and Thurston counties.
(((46))) (45) 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.
(((47))) (46) 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.
(((48))) (47) 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.
(((49))) (48) 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.
(((50))) (49) 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.
(((51))) (50) oxtongue, hawkweed Picris hieracioides (a) regions 1, 2, 3, 4, 5, 6, 7, 9, 10
(b) region 8 except Skamania County.
(((52))) (51) parrotfeather Myriophyllum aquaticum (a) regions 1, 2, 3, 4, 5, 6, 7, 9, 10
(b) region 8 except Clark, Cowlitz, and Wahkiakum counties.
(((53))) (52) 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.
(((54))) (53) poison-hemlock Conium maculatum (a) Clallam County and that area lying within Port Townsend city limits in Jefferson County of region 1
(b) Snohomish and San Juan counties of region 2
(c) Pend Oreille County of region 4
(d) Kitsap and Thurston counties of region 5
(e) Kittitas County of region 6
(f) Lincoln County of region 7
(g) Clark County of region 8.
(((55))) (54) 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.
(((56))) (55) puncturevine Tribulus terrestris (a) Skagit County of region 2
(b) Kittitas County of region 6
(c) Adams County
(d) Clallam County of region 1.
(((57))) (56) 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.
(((58))) (57) reed, common, nonnative geno types Phragmites australis (a)

(b)


(c)

region 1

Island, San Juan and Snohomish counties of region 2


Okanogan County of region 3

(d) Pend Oreille and Stevens counties of region 4
(e) region 5 except Grays Harbor and Pierce counties
(f) Kittitas County of region 6
(g) Yakima County of regions 6 and 9
(h) Lincoln County of region 7
(i) Clark and Lewis counties of region 8
(j) Klickitat County of region 9
(k) Asotin County of region 10.
(((59))) (58) Saltcedar Tamarix ramosissima

(a) regions 1, 2, 3, 4, 5, 7, 8, unless intentionally established prior to 2004
(b) region 6 except Grant County, unless intentionally established prior to 2004
(c) region 9 except Benton and Franklin counties, unless intentionally established prior to 2004
(d) region 10 except Franklin County, unless intentionally established prior to 2004.
(((60))) (59) 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((.))
(e) Asotin County of region 10.
(((61))) (60) skeletonweed, rush Chondrilla juncea (a) regions 1, 2, 3, 5, 8
(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 I Northwest
(e) Stevens County north of Township 33 North of region 4
(f) Ferry and Pend Oreille counties of region 4
(g) region 9 except the Dallesport area in Klickitat County lying within Township 2N, Ranges 13 and 14
(h) Asotin County of region 10
(i) Garfield County south of Highway 12
(j) 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
(k) 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.
(((62))) (61) 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.
(((63))) (62) 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.
(((64))) (63) spurge, myrtle Euphorbia myrsinites L (a) Pend Oreille County of region 4((.))
(b) Along the Asotin, Grande Ronde, and Snake rivers and in all other areas that are not an actively cultivated garden in Asotin County of region 10.
(((65))) (64) 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.)) lands west of Shumaker Grade and south of Mill Road in Asotin County.
(((66))) (65) 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.
(((67))) (66) thistle, musk Carduus nutans (a) regions 1, 2, 3, 5, 6, 7, 8, 9, 10
(b) Spokane and Pend Oreille counties.
(((68))) (67) 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.
(((69))) (68) 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.
(((70))) (69) toadflax, Dalmatian Linaria dalmatica ssp. dalmatica (a) regions 1, 2, 5, 8, 10
(b) Douglas County of region 3 lying south of T25N and west of R25E
(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.
(((71))) (70) 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: Chapters 17.10 and 34.05 RCW. 07-24-023, 16-750-011, filed 11/28/07, effective 1/1/08; 06-24-056, 16-750-011, filed 12/4/06, effective 1/4/07; 05-24-026, 16-750-011, filed 11/30/05, effective 12/31/05; 05-01-012, 16-750-011, filed 12/2/04, effective 1/2/05. Statutory Authority: Chapter 17.10 RCW. 04-13-014, 16-750-011, filed 6/4/04, effective 7/5/04. Statutory Authority: Chapters 17.10 and 34.05 RCW. 03-24-012, 16-750-011, filed 11/20/03, effective 12/21/03; 03-04-001, 16-750-011, filed 1/22/03, effective 2/22/03. Statutory Authority: Chapter 17.10 RCW. 01-24-035, 16-750-011, filed 11/28/01, effective 12/29/01; 00-24-017, 16-750-011, filed 11/28/00, effective 1/2/01; 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 07-24-023, filed 11/28/07, effective 1/1/08)

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

Common Name Scientific Name
archangel, yellow Lamiastrum galeobdolon
babysbreath Gypsophila paniculata
beard, old man's Clematis vitalba
bindweed, field Convolvulus arvensis
blackberry, evergreen Rubus laciniatus
blackberry, Himalayan Rubus armeniacus
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
groundsel, common Senecio vulgaris
hawkweed, common Hieracium lachenalii
hawkweed, other nonnative species Hieracium sp., except species designated in the note in the left-hand column
Note:
This listing includes all species of Hieracium, except the following:
Species designated as Class A noxious weeds in WAC 16-750-005;
Species designated as Class B noxious weeds in WAC 16-750-011;
Native species designated below:
Canada hawkweed (H. canadense)
houndstongue hawkweed (H. cynoglossoides)
long-beaked hawkweed (H. longiberbe)
narrow-leaved hawkweed (H. umbellatum)
slender hawkweed (H. gracile)
western hawkweed (H. albertinum)
white-flowered hawkweed (H. albiflorum)
woolley-weed (H. scouleri)
henbane, black Hyoscyamus niger
iris, yellow flag Iris pseudacorus
ivy, English, 4 cultivars only: Hedera hibernica 'Hibernicia'
Hedera helix 'Baltica'
Hedera helix 'Pittsburgh'
Hedera helix 'Star'
mayweed, scentless Matricaria perforata
pondweed, curly-leaf Potamogeton crispus
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
water lily, fragrant Nymphaea odorata
whitetop, hairy Cardaria pubescens
willow-herb, hairy Epilobium hirsutum
wormwood, absinth Artemisia absinthium

[Statutory Authority: Chapters 17.10 and 34.05 RCW. 07-24-023, 16-750-015, filed 11/28/07, effective 1/1/08; 06-24-056, 16-750-015, filed 12/4/06, effective 1/4/07; 05-01-012, 16-750-015, filed 12/2/04, effective 1/2/05. Statutory Authority: Chapter 17.10 RCW. 04-13-014, 16-750-015, filed 6/4/04, effective 7/5/04. Statutory Authority: Chapters 17.10 and 34.05 RCW. 03-24-012, 16-750-015, filed 11/20/03, effective 12/21/03; 03-04-001, 16-750-015, filed 1/22/03, effective 2/22/03. Statutory Authority: Chapter 17.10 RCW. 01-24-035, 16-750-015, filed 11/28/01, effective 12/29/01; 00-24-017, 16-750-015, filed 11/28/00, effective 1/2/01; 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.]


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

WAC 16-750-135   State noxious weed control board -- Meetings.   (1) All meetings of the board are open and public and all persons are permitted to attend any meeting of the board, except as otherwise provided in the Open Public Meetings Act, chapter 42.30 RCW.

(2) Members of the public are not required, as a condition to attendance at a board meeting, to register names, other information, or otherwise to fulfill any condition prior to attending.

(3) Interruptions. In the event that any meeting is interrupted by any person as to render the orderly conduct of the meeting unfeasible, and order cannot be restored by the removal of individuals who are interrupting the meeting, the chairperson may order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by a majority vote of the board members present. In such a session, the board will follow the procedures set forth in the Open Public Meetings Act (RCW 42.30.050).

(4) Adoption of rules, regulations, resolution, etc. The board shall not adopt any rules, regulations, resolution, etc. except in a meeting open to the public and then only at a meeting, the date of which is fixed by rule, or at a meeting of which notice has been given according to the provisions of the Open Public Meetings Act. Any action taken at meetings failing to comply with this section is null and void.

(5) Regular meetings -- Schedule -- Publication in State Register -- Notice of change. The board will meet ((once every two months)) at least five times per year and at other times determined by the chairperson or by a majority of the voting members. If any regular meeting falls on a holiday, the meeting will be held on the next business day. The executive secretary files with the code reviser a schedule of the time and place of regular meetings on or before January of each year for publication in the Washington State Register. Notice of any change from this meeting schedule will be published in the State Register for distribution at least twenty days prior to the rescheduled meeting date.

(6) Notice. Ten days notice of all meetings will be given by mailing a copy of the notice and agenda to each board member, county noxious weed control board, and weed district.

(7) Special meetings. The ten-day notice may be waived for special meetings which may be called at any time by the chairperson, director, or a majority of the voting board members. Special meeting notification shall follow the procedures for special meetings set forth in the Open Public Meetings Act (RCW 42.30.080).

(8) Adjournments. If a meeting is adjourned before the advertised time, a written notice will be posted at the meeting place that specifies when the meeting was adjourned.

(9) Executive sessions.

(a) The board may hold an executive session during a regular meeting which may be called by the chairperson or a majority of voting board members present. No official actions will be taken at executive sessions. Executive sessions may deal only with matters authorized by RCW 42.30.110.

(b) Before convening in executive session, the chairperson shall publicly announce the purpose of excluding the public from the meeting place and the time when the executive session will be concluded. The executive session may be extended to a later time by announcement of the chairperson.

(10) Agenda. The agenda will be prepared by the executive secretary in consultation with the chairperson. Items may be submitted by all board members to the executive secretary at least fifteen days prior to the board meeting.

(11) Attendance. Each board member is expected to attend all board and assigned committee meetings. In the event a board member is unable to attend, he or she is requested to provide the chairperson or executive secretary with the reasons for the absence prior to the meeting. Any voting member who misses two consecutive board meetings without providing the chairperson or the executive secretary with the reasons for the absences prior to the meeting may be removed from the board, following due notice and a hearing. Removal procedures may be initiated by a quorum vote of the board.

(12) Voting procedures. Board voting procedures on all matters are as follows:

(a) Five voting members constitute a quorum to conduct the affairs of the board.

(b) The chairperson may vote on all matters coming before the board.

(c) A roll call of all voting board members present may be requested on all motions by any member.

(d) All members have the right to move or second motions.

(e) Proxy voting is not permitted.

(13) Minutes. The minutes of all regular and special meetings, except executive sessions, will be promptly recorded and such records are open to public inspection.

(14) Press releases. All press releases and official information concerning board activities will be released from the board office.

(15) Public participation.

(a) Any person wishing to make a formal presentation at a regularly scheduled meeting of the board must notify the executive secretary of the subject matter at least fifteen days before the meeting.

(b) Permission to appear before the board will be granted by the executive secretary in consultation with the chairperson before the meeting. Permission includes the date and time of the meeting and the time set for formal presentation.

(c) The chairperson may, at his or her discretion, recognize anyone in the audience who indicates at the time of the meeting a desire to speak.

[Statutory Authority: Chapter 17.10 RCW. 99-24-029, 16-750-135, filed 11/23/99, effective 1/3/00; 93-01-004, 16-750-135, filed 12/2/92, effective 1/2/93.]

Washington State Code Reviser's Office