WSR 09-17-122

PREPROPOSAL STATEMENT OF INQUIRY

NOXIOUS WEED

CONTROL BOARD

[ Filed August 18, 2009, 4:36 p.m. ]

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

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 17.10.080, 17.10.070, and 17.10.010(5).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The state noxious weed control board is charged with updating the state noxious weed list on an annual basis to ensure it accurately reflects the noxious weed control priorities and noxious weed distribution. The state weed board may also make other amendments to chapter 16-750 WAC, such as redefining words such as "control," "contain," "eradicate," and "prevent the spread of noxious weeds" or adjusting frequency of regular board meetings.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state agencies regulate this subject. Federal agencies are subject to the federal noxious weed laws that require them to coordinate with state regulations. Federal agencies in Washington are invited to participate in all stages of noxious weed rule making.

Process for Developing New Rule: The state noxious weed control board annually solicits suggestions from county weed boards, weed districts, state and federal agencies, interest groups and the general public. The noxious weed committee of the board, which includes representation from the Washington Native Plant Society, county weed boards, the nursery industry and several scientific advisors, meets at least twice to review and research the suggestions. These draft suggestions are sent out again for public comment before the noxious weed committee drafts its final recommendation to the board. A press release and information mailing is prepared on the recommended changes and a public hearing is scheduled. The board makes its final decision after considering public input received at the hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties can submit suggestions for changes to the noxious weed list, and/or other sections of chapter 16-750 WAC and can attend meetings of the noxious weed committee and meetings of the state noxious weed board. Interested parties can also testify at the hearing, and/or submit written testimony. Information on participating in the decision making process can be obtained from Alison Halpern, Washington State Noxious Weed Control Board, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-2053, fax (360) 902-2094, e-mail ahalpern@agr.wa.gov.

August 18, 2009

Alison Halpern

Executive Secretary

Washington State Code Reviser's Office