PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 09-10-034.
Title of Rule and Other Identifying Information: Chapter 16-752 WAC, Noxious weed control, the department is proposing to amend chapter 16-752 WAC by:
(1) Adding additional species to the wetland and aquatic weed quarantine (floating primrose-willow, variable-leaf milfoil, ricefield bulrush, and water soldier);
(2) Adding additional species to the noxious weed seed and plant quarantine (false brome, shiny geranium, and European hawkweed);
(3) Revising permit requirements for educational or training materials;
(4) Adding language regarding botanical synonyms; and
(5) Increasing its clarity and readability by removing obsolete definitions and updating the language.
Hearing Location(s): Washington State Department of Agriculture, Natural Resources Building, Conference Room 205, 1111 Washington Street S.E., Olympia, WA 98504-2560, on August 27, 2009, at 11:00 a.m.
Date of Intended Adoption: September 3, 2009.
Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail hgonzales@agr.wa.gov, fax (360) 902-2094, by August 27, 2009.
Assistance for Persons with Disabilities: Contact Henri Gonzales by August 20, 2009, TTY (800) 833-6388.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend the noxious weed control rule by: Adding additional species to the wetland and aquatic weed quarantine; adding additional species to the noxious weed seed and plant quarantine; revising permit requirements for educational or training materials; adding language regarding botanical synonyms; and increasing its clarity and readability by removing obsolete definitions and updating the language.
The purpose of enacting these and other quarantines is to prevent the establishment and spread of harmful nonnative species. Once established, they can have a serious impact on Washington's natural resources by displacing native species, altering habitat, reducing recreational use of waterways, and impacting agricultural production.
Reasons Supporting Proposal: The intrusion into this state of nonnative, invasive weed species continues to be a concern. The spread of these weeds presents a risk to the economic well-being of the agricultural, forest, horticultural, and floricultural industries, and the environmental quality and natural resources of the state. Initiating quarantines forbidding entry or distribution of weed species may be critical for their exclusion or control.
Statutory Authority for Adoption: Chapters 17.10, 17.24, and 34.05 RCW.
Statute Being Implemented: Chapters 17.10 and 17.24 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tom Wessels, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1984.
No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires that an agency must prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on businesses in an industry. Of the seven species of invasive plants these amendments would prohibit from distribution, only one (variable-leaf milfoil) is sold commercially as an aquarium plant. We were able to identify a sole commercial grower in this state who grows this species and were told by that grower that prohibiting the plant would not have a more than minor impact, as there are several alternative species readily available in commerce. Analysis of the economic effects of the proposed rule amendments demonstrates that the changes will not be more than a minor cost to small business in the regulated industry and, therefore, an SBEIS is not required. However, failure to adopt these changes has potential to have a large negative economic impact on the state, due to the cost of eliminating these species if they were to become established.
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).
July 22, 2009
Mary A. Martin Toohey
Assistant Director
OTS-2357.3
AMENDATORY SECTION(Amending Order 2054, filed 9/20/90,
effective 10/21/90)
WAC 16-752-001
Definitions.
The definitions set forth
in this section shall apply throughout this chapter, unless
the context otherwise requires:
(((1) "Director" means the director of agriculture of
this state, or a duly authorized representative.
(2) "Department" means the Washington state department of agriculture.
(3) "Person" means any individual, partnership, corporation, association, agency, or organized group of persons whether or not incorporated.
(4) "Hay" means the harvested herbage of forage plants, including but not limited to grasses, legumes, sedges and rushes.
(5) "State board" means the Washington state noxious weed control board.
(6) "Applicant" means a project sponsor.
(7) "BARS" means the budgeting, accounting, and reporting system of municipal fiscal management.
(8) "Environmental checklist" means the form in WAC 197-11-960.
(9) "Executive secretary" means the state noxious weed control board executive secretary.
(10) "Integrated pest management" means a decision-making process which combines all feasible control techniques into a program for managing targeted noxious weeds including but not limited to prevention, monitoring, consideration of alternative methods, and evaluation.
(11) "Local noxious weed control agency" means any activated county or regional noxious weed control board created under chapter 17.10 RCW, any weed district created under chapter 17.04 RCW, or any intercounty weed district created under chapter 17.06 RCW.
(12) "Monitoring" means inspecting to gather and record site specific information on which decisions about treatment choices are to be based.
(13) "Objectives" means statements of precise outcomes which can be measured to determine actual accomplishments.
(14) "Principal investigator" means the person under whose direction the noxious weed control project will be carried out such as the county weed control coordinator or county weed control board chairperson.
(15) "Project sponsor" means the county legislative authority of a county with an activated noxious weed control board, a local weed control agency, or a combination of two or more agencies acting through a lead agency, responsible for implementing an approved project.
(16) "Public benefits" means those services, goods, or other benefits, whether tangible or intangible, which accrue to persons other than those on whose property weed control measures pursuant to this chapter are undertaken.
(17) "Public costs" means those costs, whether tangible or intangible, which accrue to persons other than those on whose property weed control measures pursuant to this chapter are undertaken.
(18) "Significant environmental harm" means a reasonable likelihood of more than a moderate adverse impact on environmental quality as set forth in WAC 197-11-794.)) "Department" means the Washington state department of agriculture.
"Director" means the director of agriculture of this state, or a duly authorized representative.
"Hay" means the harvested herbage of forage plants, including but not limited to grasses, legumes, sedges and rushes.
[Statutory Authority: Chapter 17.10 RCW. 90-20-002 (Order 2054), § 16-752-001, filed 9/20/90, effective 10/21/90; 88-04-044 (Order 1963), § 16-752-001, filed 1/29/88. Statutory Authority: RCW 17.10.235(2). 86-19-060 (Order 1907), § 16-752-001, filed 9/16/86.]
YELLOW NUTSEDGE QUARANTINE(1) That the identified site is so seriously infested as to require quarantine; and
(2) That the movement of contaminated materials from this site presents an immediate threat of infestation to the rest of the county agricultural and nonagricultural areas; and
(3) That the restriction of such spread is critical to control efforts.
[Statutory Authority: Chapters 17.10, 17.24, and 34.05 RCW. 03-16-038, § 16-752-300, filed 7/30/03, effective 8/30/03. Statutory Authority: Chapter 17.10 RCW. 98-01-056, § 16-752-300, filed 12/11/97, effective 1/11/98; 91-03-045 (Order 2069), § 16-752-300, filed 1/11/91, effective 2/11/91; 89-24-090, § 16-752-300, filed 12/6/89, effective 1/6/90.]
County of Thurston, state of Washington:
Parcel number 12711230000 - a portion of this parcel containing twenty-two acres of nursery production, more or less and three access roads one of which begins at 85th Avenue SW, the other two begin at Old Highway 99 SW.
A tract of land in Section 11, Township 17 north, Range 2 west of the Willamette Meridian, more particularly described as follows:
A portion of the Southeast Quarter of the Southwest Quarter and the Southwest Quarter of the Southeast Quarter, Section 11, Township 17 North, Range 2 West, W.N., Thurston County, Washington.
Beginning at the South Quarter corner of Section 11; thence north 01°53'09"E, along the center of the section line 77.6 feet to the southerly edge of the infestation, said point being 75 feet northerly of the center of taxiway 5 and the point of beginning; thence south 88°14'46"E parallel to and 75 feet northerly of taxiway 5, 1254.2 feet to coordinate pair N 604966 E 1043268 North American Datum 83/91, Washington State Lambert projection South Zone; thence north 01°32'43"E parallel to and 75 feet westerly of taxiway 5, 256.1 feet (N 605222 E 1043275); thence north 74°44'42"W, parallel to and 200 feet southerly of runway 8-26, 2031.7 feet (N 605757 E 1041315); thence south 12°53'58"W, parallel to and 75 feet easterly of taxiway 4, 744.6 feet (N 605031 E 1041148); thence south 88°14'46"E parallel to and 75 feet northerly of taxiway 5, 866.5 feet to the point of beginning. TOGETHER WITH: Two (2) 50 foot easements for ingress and egress described as follows: Beginning at the centerline of Old Highway 99 at coordinate pair N 605688 E 1044159; thence south 62°13'04"W, 337 feet (N 605531 E 1043861); thence south 37°34'07"W, 66 feet (N 605479 E 1043821); thence south 15°34'51"W, 432 feet (N 605063 E 1043705); thence south 56°50'31"W, 90 feet (N 605014 E 1043630); thence north 73°42'21"W, 135 feet (N 605052 E 1043500); thence south 73°31'23"W, 47 feet (N 605031 E 1043429).
Beginning at the coordinate pair N 605479 E 1043821; thence north 10°18'17"W, 78 feet (N 605556 E 103807); thence north 52°23'38"W, 93 feet (N 605613 E 1043733); thence north 74°34'40"W, 331 feet (N 605701 E 1043414); thence north 24°31'11"W, 63 feet (N 605758 E 1043388); thence north 0°58'36"W, 352 feet (N 606110 E 1043382).
Beginning at the end of 85th Avenue SE; thence north 14°36'57"W, 44 feet; thence north 1°44'13"E, 103 feet; thence north 1°44'13"E, 122 feet; thence north 4°2'36"E, 103 feet; thence north 1°44'13"E, 140 feet; thence north 3°31'10"E, 134 feet; thence north 1°44'13"E, 146 feet; thence north 6°43'41"W, 141 feet; thence north 6°3'35"W, 92 feet; thence north 1°44'13"E, 128 feet; thence north 15°58'50"W, 96 feet; thence south 85°33'49"W, 113 feet; thence north 88°15'39"W, 100 feet; thence north 85°38'49"W, 133 feet; thence north 88°15'36"W, 137 feet; thence north 85°28'20"W, 125 feet; thence south 89°35'45"W, 162 feet; thence north 88°15'32"W, 129 feet; thence north 88°15'30"W, 200 feet; thence north 88°15'28"W, 150 feet; thence north 85°43'23"W, 137 feet; thence north 88°38'45"E, 113 feet; thence north 83°56'12"W, 242 feet; thence north 40°38'52"W, 25 feet; thence north 40°6'3"W, 25 feet.
[Statutory Authority: Chapters 17.10, 17.24, and 34.05 RCW. 03-16-038, § 16-752-305, filed 7/30/03, effective 8/30/03. Statutory Authority: Chapter 17.10 RCW. 98-01-056, § 16-752-305, filed 12/11/97, effective 1/11/98; 91-03-045 (Order 2069), § 16-752-305, filed 1/11/91, effective 2/11/91; 89-24-090, § 16-752-305, filed 12/6/89, effective 1/6/90.]
[Statutory Authority: Chapter 17.10 RCW. 98-01-056, § 16-752-310, filed 12/11/97, effective 1/11/98; 91-03-045 (Order 2069), § 16-752-310, filed 1/11/91, effective 2/11/91; 89-24-090, § 16-752-310, filed 12/6/89, effective 1/6/90.]
(1) All removal of sand or soil, potted nursery plants and other plants from the quarantine site, except as provided in subsection (6) of this section, is prohibited without a permit from the Thurston County noxious weed control board that details the end use and exact geographic destination.
(2) All land disturbing operations including excavation, utilities work, and similar activities require a one time, no fee permit from the weed board that obligates the operator to thoroughly hose down all equipment before leaving the quarantine area and record the next two areas where the equipment is used after leaving the quarantine area.
(3) All off-road vehicles are banned in the quarantine area without the written permission of the Thurston County noxious weed control board, except in designated parking areas.
(4) All weed control measures and irrigation practices in the quarantine area are to be conducted at the direction of the Thurston County noxious weed control board.
(5) Yellow nutsedge control shall take precedence over all other land uses in the quarantine area.
(6) The Thurston County noxious weed control board may designate and clearly mark portions of the site as free from infestation and allow removal of sand or soil from these areas without specific permit to nonagricultural sites: Provided, That adequate precautions are taken to prevent commingling of infested and noninfested soils and equipment used in the infested area is thoroughly cleaned before use in the area designated as uninfested.
[Statutory Authority: Chapters 17.10, 17.24, and 34.05 RCW. 03-16-038, § 16-752-315, filed 7/30/03, effective 8/30/03. Statutory Authority: Chapter 17.10 RCW. 98-01-056, § 16-752-315, filed 12/11/97, effective 1/11/98; 91-03-045 (Order 2069), § 16-752-315, filed 1/11/91, effective 2/11/91; 89-24-090, § 16-752-315, filed 12/6/89, effective 1/6/90.]
[Statutory Authority: Chapters 17.10, 17.24, and 34.05 RCW. 03-16-038, § 16-752-320, filed 7/30/03, effective 8/30/03. Statutory Authority: Chapter 17.10 RCW. 98-01-056, § 16-752-320, filed 12/11/97, effective 1/11/98; 91-03-045 (Order 2069), § 16-752-320, filed 1/11/91, effective 2/11/91; 89-24-090, § 16-752-320, filed 12/6/89, effective 1/6/90.]
[Statutory Authority: Chapter 17.10 RCW. 98-01-056, § 16-752-330, filed 12/11/97, effective 1/11/98; 91-03-045 (Order 2069), § 16-752-330, filed 1/11/91, effective 2/11/91; 89-24-090, § 16-752-330, filed 12/6/89, effective 1/6/90.]
[Statutory Authority: Chapters 17.10 and 17.24 RCW. 90-15-062 (Order 2050), § 16-752-400, filed 7/18/90, effective 8/18/90.]
Scientific Name | Common Name |
Butomus (( |
flowering rush |
Cabomba caroliniana | fanwort |
Crassula helmsii | Australian swamp stonecrop |
Egeria densa | Brazilian elodea |
Epilobium hirsutum | hairy willow herb |
Glossostigma diandrum | mud mat |
Gyceria maxima | reed sweetgrass, tall manna grass |
Hydrilla verticillata | hydrilla |
Hydrocharis morsus-ranae | European frog-bit |
Lagarosiphon major | African elodea |
Ludwigia hexapetala | water primrose |
Ludwigia peploides | floating primrose-willow |
Lysimachia vulgaris | garden loosestrife |
Murdannia keisak | marsh dew flower, Asian spiderwort |
Myriophyllum aquaticum | parrotfeather |
Myriophyllum heterophyllum | variable-leaf milfoil |
Myriophyllum spicatum | Eurasian watermilfoil |
Najas minor | slender-leaved naiad, brittle naiad |
Nymphoides peltata | yellow floating heart |
Sagittaria graminea | grass-leaved arrowhead |
Sagittaria platyphylla | delta arrowhead |
Schoenoplectus mucronatus | ricefield bulrush |
Spartina alterniflora | smooth cordgrass |
Spartina anglica | common cordgrass |
Spartina densiflora | dense-flowered cordgrass |
Spartina patens | salt meadow cordgrass |
Stratiotes aloides | water soldier |
Trapa natans | water chestnut, bull nut |
Trapa bicornus | water caltrap, devil's pod, bat nut |
Utricularia inflata | swollen bladderwort |
[Statutory Authority: Chapters 17.24 and 34.05 RCW. 05-21-028, § 16-752-505, filed 10/11/05, effective 11/11/05. Statutory Authority: Chapters 17.10, 17.24, and 34.05 RCW. 04-19-004, § 16-752-505, filed 9/2/04, effective 10/3/04. Statutory Authority: Chapters 17.24, 17.10, and 15.13 RCW. 01-01-014, § 16-752-505, filed 12/6/00, effective 1/6/01. Statutory Authority: RCW 17.10.235 and chapter 17.24 RCW. 92-07-024, § 16-752-505, filed 3/10/92, effective 4/10/92.]
[Statutory Authority: Chapters 17.24, 17.10, and 15.13 RCW. 01-01-014, § 16-752-515, filed 12/6/00, effective 1/6/01. Statutory Authority: RCW 17.10.235 and chapter 17.24 RCW. 92-07-024, § 16-752-515, filed 3/10/92, effective 4/10/92.]
Scientific Name | Common Names |
Abutilon theophrasti | velvetleaf |
Alliaria petiolata | garlic mustard |
Amorpha fruticosa | indigobush, lead plant |
Anchusa officinalis | common bugloss, alkanet, anchusa |
Anthriscus sylvestris | wild chervil |
Brachypodium sylvaticum | false brome |
Carduus acanthoides | plumeless thistle |
Carduus nutans | musk thistle, nodding thistle |
Carduus pycnocephalus | Italian thistle |
Carduus tenuiflorus | slenderflower thistle |
Centaurea calcitrapa | purple starthistle |
Centaurea diffusa | diffuse knapweed |
Centaurea jacea | brown knapweed, rayed knapweed, brown centaury horse-knobs, hardheads |
Centaurea jacea x nigra | meadow knapweed |
Centaurea biebersteinii | spotted knapweed |
Centaurea macrocephala | bighead knapweed |
Centaurea nigra | black knapweed |
Centaurea nigrescens | Vochin knapweed |
Chaenorrhinum minus | dwarf snapdragon |
Crupina vulgaris | common crupina |
Cytisus scoparius | Scotch broom |
Daucus carota | wild carrot, Queen Anne's lace |
Echium vulgare | blueweed, blue thistle, blue devil, viper's bugloss, snake flower |
Euphorbia esula | leafy spurge |
Euphorbia oblongata | eggleaf spurge |
Galega officinalis | goatsrue |
Geranium lucidum | shiny geranium |
Helianthus ciliaris | Texas blueweed |
Heracleum mantegazzianum | giant hogweed, giant cow parsnip |
Hibiscus trionum | Venice mallow, flower-of-an-hour, bladder ketmia, modesty, shoo-fly |
Hieracium aurantiacum | orange hawkweed, orange paintbrush, red daisy flameweed, devil's weed, grim-the-collier |
Hieracium caespitosum | yellow hawkweed, yellow paintbrush, devil's paintbrush, yellow devil, field hawkweed, king devil |
Hieracium floribundum | yellow devil hawkweed |
Hieracium pilosella | mouseear hawkweed |
Hieracium sabaudum | European hawkweed |
Impatiens glandulifera | policeman's helmet |
Isatis tinctoria | dyers' woad |
Kochia scoparia | kochia, summer-cyprus, burning-bush, fireball, Mexican fireweed |
Lepidium latifolium | perennial pepperweed |
Leucanthemum vulgare | oxeye daisy, white daisy, whiteweed, field daisy, marguerite, poorland flower |
Linaria dalmatica spp. dalmatica | Dalmatian toadflax |
Mirabilis nyctaginea | wild four o'clock, umbrella-wort |
Onopordum acanthium | Scotch thistle |
Polygonum cuspidatum | Japanese knotweed |
Polygonum polystachyum | Himalayan knotweed |
Polygonum sachalinense | giant knotweed |
Polygonum x bohemicum | Bohemian knotweed, Japanese and giant knotweed hybrid |
Proboscidea louisianica | unicorn-plant |
Pueraria montana var. lobata | kudzu |
Salvia aethiopis | Mediterranean sage |
Salvia pratensis | meadow clary |
Salvia sclarea | clary sage |
Senecio jacobaea | tansy ragwort |
Silybum marianum | milk thistle |
Solanum elaeagnifolium | silverleaf nightshade |
Solanum rostratum | buffaloburr |
Soliva sessilis | lawnweed |
Sorghum halepense | johnsongrass |
Spartium junceum | Spanish broom |
Tamarix ramosissima | saltcedar |
Thymelaea passerina | spurge flax |
Torilis arvensis | hedgeparsley |
Ulex europaeus | gorse, furze |
Zygophyllum fabago | Syrian bean-caper |
[Statutory Authority: Chapters 17.10, 17.24, and 34.05 RCW. 04-19-004, § 16-752-610, filed 9/2/04, effective 10/3/04. Statutory Authority: Chapters 17.24, 17.10, 15.13 RCW. 02-12-030, § 16-752-610, filed 5/29/02, effective 6/29/02. Statutory Authority: Chapters 17.24, 17.10 RCW. 00-24-021, § 16-752-610, filed 11/28/00, effective 12/29/00; 98-13-008, § 16-752-610, filed 6/4/98, effective 7/5/98. Statutory Authority: Chapters 17.10 and 17.24 RCW. 92-07-025, § 16-752-610, filed 3/10/92, effective 4/10/92.]