WSR 13-20-137

PROPOSED RULES

[Filed October 2, 2013, 10:11 a.m.]

Preproposal statement of inquiry was filed as WSR 13-14-021.

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 for 2014. Specifically, the board is considering: The addition of two Class B noxious weeds and two Class C noxious weeds; reinstatement of modified listing language for a current noxious weed; reclassification of two Class A noxious weeds and the reclassification of eleven hawkweed listings; reinsertion of a listing exemption of a Class B noxious weed; modifications to designations of twelve Class B noxious weeds.

Hearing Location(s): The Confluence Technology Center, 285 Technology Center Way, Wenatchee, WA 98801, on November 5, 2013, at 1:00-3:00 p.m.

Date of Intended Adoption: December 28, 2013.

Submit Written Comments to: Alison Halpern, Washington State Noxious Weed Control Board (WSNWCB), P.O. Box 42560, Olympia, WA 98504-2560, e-mail ahalpern@agr.wa.gov or noxiousweeds@agr.wa.gov, fax (360) 902-2094, by November 4, 2013.

Assistance for Persons with Disabilities: Contact Wendy DesCamp by October 31, 2013, TTY (800) 833-6388 or 711.

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 noxious weed control boards and other entities. It also provides guidelines for the state noxious weed control board. This proposal makes several amendments to WAC 16-750-005 through 16-750-015.

Reasons Supporting Proposal: WSNWCB 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.

Statutory Authority for Adoption: Chapter 17.10 RCW.

Statute Being Implemented: Chapter 17.10 RCW.

Name of Proponent: WSNWCB, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Alison Halpern, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2053.

No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires that an agency prepare a small business economic impact statement (SBEIS) for proposed rules that impose more than a minor cost on businesses in an industry. An analysis of the direct economic effects of the proposed rule amendments indicates that costs to small businesses would be negligible or none at all. A copy of the analysis is shown below, and it can be obtained by contacting Alison Halpern, WSNWCB, P.O. Box 42560, Olympia, WA 98504-2560.

Rule Summary: RCW 17.10.080 authorizes WSNWCB to adopt a state noxious weed list annually to make changes as deemed necessary and helpful in reducing the threat and impact of noxious weeds in the state. These annual changes to the weed list are based primarily on proposals received by the WSNWCB, and they are voted on in November following a public hearing. Possible changes to the weed list include but are not limited to: The addition of new species; deletion of species that have been eradicated or found to be less detrimental than originally predicted; changes in Class B areas designated for control; and the change of noxious weed class of a species.

The current proposed changes to the 2014 noxious weed list include:

Purpose of this Analysis: RCW 19.85.030 requires agencies to prepare an SBEIS if the proposed rule will impose more than minor costs on businesses in an industry. The purpose of this analysis is to determine if the proposed changes to the 2014 noxious weed list will impose "more than minor costs" on the businesses directly affected by these proposed changes, which would thereby require WSNWCB to prepare a formal SBEIS.

Nature of aforementioned noxious weed species in Washington:

Proposed additions of Class B noxious weeds: Lesser celandine (Ficaria verna, also known as Ranunculus ficaria) is a small, low-growing plant of moist areas. Emerging early in the growing season, often before native ephemerals, it can form dense patches that outcompete native plants. Its vegetative reproduction through bulbets and tubers makes it very difficult to control once established. Lesser celandine has been proposed as a Class B noxious weed, which would be designated for control in Snohomish, Skamania, Stevens, and Pend Oreille counties.

Giant reed (Arundo donax) is a bamboo-like grass considered highly invasive in many southern states, where it can rapidly colonize and form massive, monotypic stands in riparian (river bank) habitat. However, there is a great deal of interest in this fast-growing plant as a biofuel, and as a sustainable substitute for tree-based paper, flooring and other construction building material, and as reeds for wind instruments. The WSNWCB is considering listing it as a Class B noxious weed, to be designated for control in areas susceptible to invasion such as rivers, wetlands, and open irrigation waterways. The intent is to support the careful and responsible cultivation of this potential crop while being prepared to control it should it escape into these aquatic systems.

Proposed addition of Class C noxious weeds: The WSNWCB is considering grouping all nonnative cattails (Typha species) and their hybrids into one Class C listing. These nonnative wetland plants are considered invasive because they can dominate marshes more aggressively and tolerate deeper water and more flooding than our native cattail (Typha latifolia). Because the nonnative cattails and their hybrids look similar to each other, and our native cattail is more easily distinguishable, it is simpler to group the nonnatives together as one noxious weed listing. As a Class C noxious weed, control would not be required by the WSNWCB, though county weed boards may require landowners to control it where it is becoming problematic.

Russian olive (Elaeagnus angustifolia) is common in Eastern Washington and is regarded by many as a nasty tree with thorny branches. Sometimes sold as an ornamental and for use as wind breaks, Russian olive is quite invasive, particularly in riparian habitats, and literally a real pain to work around and/or control. It has been proposed as a Class C noxious weed for 2014, which means that control would not be required by the WSNWCB, though county weed boards may require landowners to control it where it is becoming problematic.

Proposed reinstatement of modified listing language of an existing noxious weed: Japanese eel grass (Zostera japonica) has returned for a third year of deliberation, as it still poses a complicated dilemma in Washington. Shellfish growers are concerned because this nonnative species of the intertidal zone is invading once-bare mudflats and significantly reducing yield of shellfish and increasing costs to manage shellfish beds, especially in Willapa Bay. Many natural resource managers and researchers agree that Japanese eel grass is nonnative, invasive, and expanding its range. However, some research indicates that the nonnative species may provide similar functional value as our native, protected eelgrass (Zostera marina) in unmanaged tidelands and serves as a food source for several waterfowl species. The WSNWCB had listed Japanese eelgrass as a Class C noxious weed on commercially managed shellfish beds only in 2012 and then adopted a proposal to remove the modification and list it as a Class C noxious weed. For 2014, the WSNWCB is considering a proposal to reinstate the original listing language of 2012.

Proposed reclassifications of existing noxious weeds: Velvetleaf (Abuliton theophrasti) aggressively competes with cultivated crops such as corn and alfalfa, and its allelopathic seed and leaves can inhibit germination and growth of desirable vegetation. Seed can remain viable in the soil for over fifty years, making eradication a difficult goal where populations are well-established. Reclassifying it as a Class B noxious weed and designating it everywhere it [in] Washington, except in the two counties with established populations, will keep this species contained in those counties where control, rather than eradication is a more reasonable goal.

Buffalobur is a noxious weed arms [armed] with spines. It is a common contaminant of bird seed and garden seeds and typically established beneath bird feeders and in gardens. Although it is considered an aggressive weed in its native range, it does not appear [to] establish as readily as initially thought. Reclassifying buffalobur as a Class C noxious weed means that control would not be required by the WSNWCB, though county weed boards may require landowners to control it where it may be problematic.

Invasive, nonnative hawkweeds spread rapidly in pastures and rangelands, displacing native forbs and grasses that livestock and wildlife rely on for food. Yellow-flowered hawkweed species can be hard to tell apart and identify down to species; moreover, some invasive hawkweed species can create hybrids. Rather than eleven noxious weed listings (ten species, one general listing for all other nonnative hawkweeds), the hawkweeds will be listed by subgenus, which are easier to tell apart. Grouping the nonnative hawkweeds at the subgenus level will help mitigate against potential confusion between species and/or hybrids, and to make the hawkweed listings and control requirements simpler and easier to understand. The state and county weed boards still have the option to educate and enforce at the species level if desired. Both subgenus listings would be as Class B noxious weeds, with designations based on the distribution and designations of the currently listed hawkweed species.

Proposed reinsertion of Class C noxious weed exemption: In 2013, the language exempting a noninvasive variety of common fennel (Foeniculum vulgare) was inadvertently omitted from chapter 16-750 WAC. This language, exempting the bulbing variety of fennel (var. azoricum) from the Class B noxious weed common fennel would be reinserted back into the WAC.

Proposed modifications of current Class B designations: The designations of eleven Class B noxious weeds will be adjusted to better match existing distribution of those species in seven counties. Namely:

Affected Groups and the Cost of Compliance:

The horticultural industry: The horticultural industry is the group of businesses most likely to be indirectly impacted by the proposed listings of lesser celandine, giant reed, nonnative cattails, Russian olive, and the inclusion of additional nonnative hawkweeds (such as spotted) in the subgenus listings. However, it is unlikely that these listings will cause these businesses to lose sales, revenue, or jobs. The noxious weed list is separate from the WSDA quarantine lists (WAC 16-752-300, 16-752-400, 16-752-500, 16-752-600), which prohibit the sale and transport of particular species, thus these potential noxious weed listings would not directly prohibit the sales of this [these] plants. Nurseries selling these nonnative, invasive species could potentially experience a decrease in sales of these plants by consumers who voluntarily choose not to purchase ornamental species that are listed noxious weeds. To help assess the magnitude of this indirect economic impact, the state weed board developed a survey through SurveyMonkey (https://www.surveymonkey.com/s/6DLMYYY).

A printed survey of the proposed listings for lesser celandine, nonnative cattails, giant reed, and Russian olive, along with self-addressed stamped envelopes (SASE) was mailed to fifty WSDA-licensed nurseries on August 5, 2013. The sampling strategy employed was a systematic, random design so that at least one nursery per county was included in the survey, with King County weighted more heavily based on demographics. A second printed survey with information about the proposed reclassification of nonnative hawkweed species was sent, again with an SASE to those nurseries who responded to the main survey. A summary of the proposed changes to the 2014 noxious weed list and link to the online survey was included in the Washington Nursery and Landscape Association (WSNLA) e-newsletter that was distributed to its members on August 14, 2013. We received a total of three online responses between August 14 and September 19. A total of twenty-five full surveys were mailed back, along with fourteen supplemental surveys about the proposed hawkweed reclassification. Of twenty-eight total responding nurseries, only one was not considered a small business, as it was a nonprofit garden. Nurseries participating in the surveys came from sixteen different counties. Three respondents chose to keep the name of their company and county of operation anonymous. Based on these results, none of the twenty-eight nurseries carry lesser celandine or giant reed. Two nurseries carry nonnative cattail species. One participant indicated that nonnative cattails were carried at the nursery but noted that the economic impact would be "miniscule - less than $100. I wouldn't stock it if it were a listed plant." The other estimated an economic loss of $50. Two other nurseries - both in Kittitas County - indicated that they carried Russian olive. One indicated that the proposed listing would not have an economic impact; the other estimated a loss of $500-750. However, since the participant wished to remain anonymous, it was not possible to follow up for clarification. None of the seventeen nurseries that responded to the hawkweed reclassification survey carry nonnative hawkweeds.

The WSNWCB has worked over the years to improve its relationship with the nursery industry. A member of the WSNLA has been appointed to the state weed board's noxious weed committee for many years to represent the horticultural industry, and the state weed board has had a representative on the WSNLA's invasive plant task force since 2004. The cooperative efforts culminated in the creation of the publication GardenWise: Non-invasive Plants for Your Garden. This collaboration between the horticultural industry, state and county government, NGO's, and an institution of higher learning resulted in a publication that educates the consumer about invasive plants and promotes the sales of noninvasive alternatives, and it has been applauded by gardeners, nurseries, and noxious weed control programs alike. Twenty-seven of the twenty-eight nurseries responded to the question asking whether these efforts were beneficial to their businesses, overall, twenty respondents (seventy-four percent) indicated that efforts by the WSNWCB to promote noninvasive alternatives to invasive ornamental species were helpful to their businesses. Two respondents (seven percent) were not sure if these efforts were helpful to the nursery business, and another five respondents (nineteen percent) indicated that the WSNWCB efforts were not helpful.

The giant reed industry: To the best of our knowledge, there are two companies directly involved in the commercial cultivation of giant reed for biomass, fiber production, and other uses. An online survey was created and distributed to both companies on August 14, 2013, using contact information provided on their web sites. One company did not respond; the other filled out the survey on August 30, and noted that the proposed listing would cost "100's of millions of dollars to our company but untold amounts in the impact on the environment, local economies and dependency on energy." Subsequent communication with this company, along with a tour of one of their giant reed plantings in Washington have indicated that their protocol is not to plant this species in any of the proposed designated areas for control; therefore, there would not be any direct economic impact to the company because of the proposed Class B listing.

The shellfish industry: The large majority of small businesses with Japanese eel grass on their property are commercial shellfish growers. A small business economic impact survey of the shellfish growers was conducted in 2011, when the addition of Japanese eel grass as a Class C noxious weed on commercially managed shellfish beds only was first considered. It was concluded that this modified listing would not cause these businesses to directly lose sales or revenue, nor will the listing itself directly result in the accrual of more than minor costs to the businesses, since control would not be mandated by the WSNWCB. It should be noted that the nominations to add Japanese eelgrass as a Class C noxious weed for 2012 came from several commercial shellfish growers, and shellfish growers overwhelmingly supported the 2013 listing, which removed the modification. The original proposal for 2012 (and then 2013) was to add this species as a Class C noxious weed. The WSNWCB modified the proposed Class C listing for 2012 to its noxious weed status to commercially managed shellfish beds only, since there were other stakeholders who felt that this species provided beneficial functions in unmanaged tidelands. Many shellfish growers had expressed - and continue to express - serious concern about this species and that they wanted to voluntarily control Japanese eelgrass on their tidelands. A few shellfish growers also have expressed concern about the public perception of having a listed noxious weed on their shellfish beds and the possible use of chemicals to control it. It should be noted that the WSNWCB supports integrated plant management (IPM) and does not mandate the use of specific control options. Moreover, there is currently no herbicide labeled for use in Washington to control Japanese eelgrass, although ECY is working with stakeholders on a draft NPDES permit for the chemical imazamox. To summarize the survey results described in the 2011 document entitled "WSNWCB SBEIS analysis 2012":

There are likely a few small businesses outside of the commercial shellfish industry that have Japanese eelgrass on their property, such as marinas. There is at least one hotel that might have this species on its property, but it was included in the 2011 survey since it also commercially raises shellfish on the property. However, control of Japanese eelgrass would not be required by the WSNWCB, and so far no county noxious weed control board has selected this species for mandatory control. More important, the proposed reinstatement of 2012's listing would only recognize Japanese eelgrass as a Class C noxious weed on commercially managed shellfish beds only, which means that only commercially managed shellfish operations would be required to control Japanese eelgrass, should a county weed board select this species for control.

The WSNWCB held a meeting in February, 2012, with stakeholders - including representatives from the shellfish industry, state agencies, NGO's, and concerned citizens - to further discuss issues about Japanese eelgrass, after it had been listed as a Class C noxious weed on commercially managed shellfish beds only for the 2012 weed list. The state weed board was also participatory in the June 18-19, 2013, workshop to discuss policy and science of Japanese eelgrass, held by ECY. The WSNWCB also scheduled small, informal tours of Japanese eelgrass on tideland that had been commercially managed for clams in Willapa Bay before the nonnative eel grass made clam production unfeasible, and of Japanese eelgrass in unmanaged tidelands in Puget Sound. The complicated matter of Japanese eelgrass will likely continue to generate more discussions.

Nonspecific groups:

Proposed addition of Class B noxious weeds: A Class B noxious weed listing means that the WSNWCB would designate the species for control in areas where it is limited in distribution or altogether absent, and/or where its control is a priority. In designated areas, landowners would be required to control and prevent the spread of the Class B noxious weed. County noxious weed control boards would also have the option of selecting a Class B noxious weed for control where the state has not designated it.

Lesser celandine would only be designated in Snohomish, Skamania, Stevens and Pend Oreille counties at this time. To the best of our knowledge, the species is either absent or very limited in these counties and should not pose an economic burden on landowners.

Giant reed would be designated statewide for control riparian areas, wetlands, special flood hazard areas (one hundred-year flood plains), open irrigation waterways, or in a one hundred foot buffer beyond the edge of these areas in regions 1, 2, 3, 4, 5, and 6. The WSNWCB supports the responsible and careful commercial cultivation of this species and goes so far as to note in its proposed WAC language that the listing is not intended to affect the cultivation of giant reed outside of the designated areas. The designation is intended to allow for early detection/rapid response should commercially or ornamentally grown giant reed escape cultivation. To the best of our knowledge, no small business is growing giant reed in these designated and susceptible areas.

Proposed additions of Class C noxious weeds: A Class C listing of a species means that the WSNWCB recognizes that the species meets the criteria of a noxious weed. Control of Class C noxious weeds is not mandated by the state, although county noxious weed control boards have the option of selecting Class C noxious weeds for mandatory control at the local level. The WSNWCB and county weed boards can provide educational material about identification and control of these species.

Populations of nonnative cattails such as narrow-leaf cattail (Typha angustifolia) and its hybrid Typha x glauca are being detected in several wetlands, streams, ponds, and lakes in Washington. State agencies such as WDFW are concerned about their potential expansion in valuable habitat they manage and have already indicated that they will work to control them. At this time, it does not appear that county weed boards will require the control of these species.

Russian olive is already widespread in some parts of the state, but there are other areas where it has been established but is now starting to spread into right-of-ways, irrigation ditches, and riparian areas. At least one county weed board has indicated that it might select Russian olive for mandatory control to stave off additional spread. A weed district in this county is already requiring control of this invasive plant through chapter 17.04 RCW.

Proposed reclassifications of existing noxious weeds: The reclassification of noxious weeds velvetleaf and buffalobur could actually reduce control requirements. This is particularly true for farmers in Yakima and Franklin counties who have well-established populations of velvetleaf in their crop fields. Due to the persistent seed bank, many growers in these areas have technically been out of compliance due to the inability to eradicate these populations. The mandatory eradication of buffalobur would no longer be required, although most landowners will likely choose to destroy these plants as they appear, and some county weed boards may continue to require such action.

The proposed simplification of the nonnative hawkweed listings would be unlikely to impose any additional control requirements on landowners, including small businesses, since the designations of the two hawkweed genera overlap existing designations of Class B hawkweeds. The proposed listings by subgenus would include other nonnative hawkweeds than those listed as noxious weeds (e.g., spotted, whiplash, wall, and any hybrids); however, few if any are widely distributed in Washington. Spotted hawkweed has been sold as ornamental species but does not appear to be very common. Moreover, these unlisted hawkweeds are already included in an existing Class C noxious weed listing for all other nonnative hawkweeds not listed elsewhere on the noxious weed list.

Proposed reinsertion of Class C noxious weed exemption: The reinsertion of the exemption of bulbing fennel (Foeniculum vulgare var. azoricum) is to correct an oversight from 2013 rule making. It exempts a noninvasive variety of common fennel from noxious weed status. This would not pose an economic cost to small businesses.

Proposed modifications of current Class B designations: The proposed modifications of designations for twelve Class B noxious weeds would have minimal if any economic impacts to small businesses. Class B noxious weeds are generally designated where they are absent, limited, or pose a serious threat to health, agriculture, or natural areas so the economic impact is not unreasonable. Additionally, many of these changes in designations reduce control requirements.

Alternatives to the Proposed Assessment:

Proposed addition of Class B noxious weeds: The alternative to the proposed listings would be that lesser celandine and giant reed are not added as Class B noxious weeds, resulting in a status quo of the current situation, whereby individual landowners or land managers have the option of voluntarily controlling the limited populations of lesser celandine and hopefully, any populations of giant reed that are found in riparian or wetland areas where there is a higher risk for invasiveness.

Proposed addition of Class C noxious weeds: The alternative to the proposed listings would be to not list the group of nonnative cattails and hybrids or Russian olive as Class C noxious weeds, resulting in a status quo of the current situation, whereby individual landowners or land managers have the option of voluntarily controlling these species. County noxious weed control boards could educate about tall hawkweed if it is a local concern, but control could not be mandated.

Proposed reinstatement of modified listing language of an existing noxious weed: The alternative to the proposed amendment to the current Japanese eelgrass listing is that it would remain a recognized Class C noxious weed without any modification, resulting in a status quo of the current situation. Individual landowners or land managers would have the option of voluntarily controlling this species, and county noxious weed control boards would have the option to require control of Japanese eelgrass everywhere, not just on commercially managed shellfish beds.

Proposed reclassifications of existing noxious weeds: The alternative to the proposed reclassifications of velvetleaf and buffalobur would be to leave them as Class A noxious weeds. All landowners statewide would be required to eradicate these noxious weeds. The alternative to reclassifying the yellow-flowered hawkweeds into two listings by subgenus would be to leave the ten individual hawkweed species as separate noxious weeds. County weed boards would still have the option of requiring the control of all other nonnative hawkweeds through the generic Class C listing of nonnative hawkweeds.

Proposed reinsertion of Class C noxious weed exemption: The alternative to the proposed reinsertion of this exemption would be to leave this unintentional omission in chapter 16-750 WAC. It would mean that, due to a technicality, the noninvasive variety of bulbing fennel would be recognized as a noxious weed.

Proposed modifications of current Class B designations: The alternative to the proposed modifications to Class B designations would be the [to] leave the designations the way they are. County weed boards would have the option of selecting these Class B nondesignates as county selects, but residents of counties that had requested that some species be undesignated would still be required to control them.

Conclusions: Few, if any, small businesses will be directly impacted by these proposed changes to the 2014 noxious weed list. Based on feedback from the horticultural industry, lesser celandine, nonnative cattails, nonnative hawkweeds, giant reed, and Russian olive do not appear to be widely carried in the nursery trade, so it is unlikely that these businesses will experience direct or even indirect negative impacts to sales or revenue. Businesses that are commercially growing giant reed in lower-risk, nonriparian areas will not be directly impacted by the Class B noxious weed listing. The majority of small businesses with Japanese eel grass on their property are commercial shellfish growers. An SBEIS analysis conducted in 2011, when Japanese eelgrass was last being considered as a Class C noxious weed on commercially managed shellfish beds only indicated that any foreseen negative impacts to sales or revenue would be the direct result of the nonnative plant Japanese eelgrass on their shellfish beds and not due to the actual noxious weed listing. The WSNWCB would not require control of this species and does not mandate control methods. Since shellfish growers and other property owners, including other small businesses, can control Japanese eelgrass whether or not it is listed as a noxious weed, these potential indirect impacts on businesses would not be the direct result of the noxious weed listing.

Based upon the above analysis, the WSNWCB concludes that minor costs - if any - imposed would affect less than ten percent of small businesses and would not exceed $100 in lost sales or revenue as a direct result of the proposed rule-making changes. Nor would any of these amendments to the noxious weed list directly cause the creation of or loss of any jobs. The WSNWCB concludes that small businesses will not be disproportionately impacted, nor would the proposed rule changes impose more than a minor cost on businesses in an industry. Therefore, we conclude that a formal SBEIS is not required.

A cost-benefit analysis is not required under RCW 34.05.328. WSNWCB is not one of the agencies listed in this section.

October 2, 2013

Alison Halpern

Executive Secretary

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

	Name		Will be a "Class B designate" in all lands lying within:
(1)	blueweed, Echium vulgare	(a)	regions 1, 2, 3, 4, 6
		(b)	region 5, except Spokane County
(2)	Brazilian elodea, Egeria densa	(a)	region 1, except Grays Harbor and Pacific counties
		(b)	region 2, except Kitsap and Snohomish counties
		(c)	King County of region 2, except lakes Dolloff, Fenwick, Union, Washington, and Sammamish, and the Sammamish River
		(d)	region 3, except Wahkiakum County
		(e)	regions 4, 5, and 6
(3)	bugloss, annual, Anchusa arvensis	(a)	regions 1, 2, 3, 4, and 6
		(b)	region 5, except Spokane County
(4)	bugloss, common, Anchusa officinalis	(a)	regions 1, 2, 3, 4, and 6
		(b)	region 5, except Spokane County
(5)	butterfly bush, Buddleja davidii	(a)	The portion of Thurston County lying below the ordinary high-water mark of the Nisqually River in region 2
		(b)	Cowlitz County of region 3
(6)	camelthorn, Alhagi maurorum	(a)	regions 1, 2, 3, 4, and 5
		(b)	region 6, except Walla Walla County
(7)	common fennel, Foeniculum vulgare (except bulbing fennel, F. vulgare var. azoricum)	(a)	region 1, except Jefferson County
		(b)	region 2, except King and Skagit counties
		(c)	region 3, except Clark County
		(d)	regions 4, 5, and 6
(8)	common reed, Phragmites australis (nonnative genotypes only)	(a)	regions 1, 2, 3, and 4
		(b)	region 5, except Grant County
		(c)	Asotin, Columbia, and Garfield counties of region 6
(9)	Dalmatian toadflax, Linaria dalmatica ssp. dalmatica	(a)	regions 1, 2, and 3
		(b)	Adams and Lincoln counties of region 5
		(c)	Benton and Walla Walla counties of region 6
(10)	Eurasian watermilfoil, Myriophyllum spicatum	(a)	region 1, except Pacific and Mason counties
		(b)	Island and San Juan counties of region 2
		(c)	Clark and Cowlitz counties of region 3
		(d)	Chelan and Okanogan counties, and all lakes with public boat launches except Fan Lake in Pend Oreille County of region 4
		(e)	Adams and Lincoln counties of region 5
		(f)	Asotin, Columbia, and Garfield counties of region 6
(11)	fanwort, Cabomba caroliniana	(a)	regions 2, 4, 5, and 6
		(b)	region 1, except Grays Harbor
		(c)	region 3, except Cowlitz County
(12)	giant reed, Arundo donax	(a)	within riparian areas, wetlands, special flood hazard areas (100-year flood plains), open irrigation waterways, or in a 100 ft. buffer beyond the edge of these areas in regions 1, 2, 3, 4, 5, and 6. This is not meant to affect commercially cultivated giant reed grown outside of these designated areas.
(13)	gorse, Ulex europaeus	(a)	region 1, except Grays Harbor and Pacific counties
		(b)	regions 2, 3, 4, 5, 6
(((13))) (14)	grass-leaved arrowhead, Sagittaria graminea	(a)	region 1, except Mason County
		(b)	region 2, except Snohomish County
		(c)	regions 3, 4, 5, and 6
(((14))) (15)	hairy willow-herb, Epilobium hirsutum	(a)	regions 1 ((and)), 3, and 4
		(b)	region 2, except Thurston and Whatcom counties
		(c)	region 5, except Klickitat County
		(d)	Asotin, Columbia, and Garfield counties of region 6
(((15))) (16)	hawkweed oxtongue, Picris hieracioides	(a)	regions 1, 2, 4, 5, and 6
		(b)	region 3, except Skamania County
(((16)	hawkweed, mouseear, Hieracium pilosella	(a)	region 1, except Grays Harbor County
		(b)	region 2, except Pierce and Thurston counties
		(c)	region 3, except Lewis County
		(d)	regions 4 and 6
		(e)	region 5, except Klickitat County))
(17)	hawkweed, orange, Hieracium aurantiacum	(a)	regions 1, 3, and 6
		(b)	region 2, except Whatcom County
		(c)	region 4, except Pend Oreille and Stevens counties
		(d)	region 5, except Kittitas and Spokane counties
(((18)	hawkweed, queen-devil, Hieracium glomeratum	(a)	regions 1, 2, 3, 5, and 6
		(b)	region 4, except Pend Oreille and Stevens counties
(19)	hawkweed, smooth, Hieracium laevigatum	(a)	regions 1, 3, 5, and 6
		(b)	region 2, except Skagit and Whatcom counties
		(c)	region 4, except Pend Oreille and Stevens counties
(20)	hawkweed, tall, Hieracium piloselloides	(a)	regions 1, 2, 3, 5, and 6
		(b)	region 4, except Pend Oreille and Stevens counties
(21)	hawkweed, yellow, Hieracium caespitosum	(a)	region 1, except Pacific County
		(b)	regions 2 and 6
		(c)	region 3, except Cowlitz County
		(d)	region 4, except Pend Oreille and Stevens counties
		(e)	region 5, except Klickitat and Spokane counties))
(18)	hawkweeds: All nonnative species and hybrids of the Meadow subgenus (Pilosella), including, but not limited to, mouseear (Hieracium pilosella), pale (H. lactucella), queen-devil (H. glomeratum), tall (H. piloselloides), whiplash (H. flagellare), yellow (H. caespitosum), and yellow-devil (H. x floribundum)	(a)	region 1
		(b)	region 2, except Pierce and Thurston counties
		(c)	region 3, except Cowlitz County
		(d)	Chelan, Douglas, and Okanogan counties of region 4
		(e)	region 5, except Klickitat and Spokane counties
		(f)	region 6
(19)	hawkweeds: All nonnative species and hybrids of the Wall subgenus (Hieracium), including, but not limited to, common (Hieracium lachenalii), European (H. sabaudum), polar (H. atratum), smooth (H. laevigatum), spotted (H. maculatum), and wall (H. lactucella)	(a)	regions 1, 3, 5, and 6
		(b)	region 2, except Skagit and Whatcom counties
		(c)	region 4, except Stevens County
(((22))) (20)	herb-Robert, Geranium robertianum	(a)	regions 4, 5, and 6
(((23))) (21)	hoary alyssum, Berteroa incana	(a)	regions 1, 2, 3, and 6
		(b)	All areas south of highway 20 in Ferry County and all areas in Okanogan County except Ranges 29-31 East of Townships 37-40 North of region 4
		(((c)	All areas in Okanogan County of region 4, except Ranges 29-31 East of Townships 37-40 North))
		(((d))) (c)	region 5, except Klickitat County
(((24))) (22)	houndstongue, Cynoglossum officinale	(a)	regions 1, 2, and 3
		(b)	Chelan County of region 4
		(c)	Yakima, Grant and Adams counties of region 5
		(d)	Benton County of region 6
(((25))) (23)	indigobush, Amorpha fruticosa	(a)	regions 1, 2, and 4
		(b)	Lewis and Skamania counties of region 3
		(c)	region 5, except Klickitat County
(((26))) (24)	knapweed, black, Centaurea nigra		regions 1, 2, 3, 4, 5, and 6
(((27))) (25)	knapweed, brown, Centaurea jacea		regions 1, 2, 3, 4, 5, and 6
(((28))) (26)	knapweed, diffuse, Centaurea diffusa	(a)	region 1, except Mason County
		(b)	regions 2 and 3
		(c)	Adams County of region 5
(((29))) (27)	knapweed, meadow, Centaurea jacea x nigra	(a)	regions 1 ((and)), 3, and 4
		(b)	region 2, except Pierce and Whatcom counties
		(c)	Thurston County of region 2, except below the ordinary high water mark of the Nisqually River
		(((d)	region 4, except Pend Oreille County))
		(((e))) (d)	region 5, except Kittitas and Klickitat counties
		(((f))) (e)	region 6, except Franklin and Walla Walla counties
(((30))) (28)	knapweed, Russian, Acroptilon repens	(a)	regions 1, 2, and 3
		(b)	Ferry and Pend Oreille counties of region 4
		(c)	Lincoln, Spokane, and Whitman counties of region 5
		(d)	Adams County of region 5, except for the area west of Highway 17 and north of Highway 26
		(e)	Asotin and Garfield counties of region 6
(((31))) (29)	knapweed, spotted, Centaurea stoebe	(a)	region 1, except Grays Harbor
		(b)	region 2, except Whatcom County
		(c)	region 3
		(d)	Ferry County of region 4
		(e)	Adams, Grant and Yakima counties of region 5
		(f)	region 6, except Columbia and Walla Walla counties
(((32))) (30)	knotweed, Bohemian, Polygonum x bohemicum	(a)	Island County of region 2
		(b)	Cowlitz and Skamania counties of region 3
		(c)	region 4, except ((Pend Oreille and)) Stevens ((counties)) County
		(d)	regions 5, except Whitman and Yakima counties
		(e)	region 6
(((33))) (31)	knotweed, giant, Polygonum sachalinense	(a)	region 2, except King, Pierce, and Snohomish counties
		(b)	region 3, except Lewis County
		(c)	regions 4, 5, and 6
(((34))) (32)	knotweed, Himalayan, Polygonum polystachyum	(a)	region 1, except Pacific County
		(b)	region 2, except King and Pierce counties
		(c)	Cowlitz, Lewis and Skamania counties of region 3
		(d)	region 4, except Stevens County
		(e)	regions 5 and 6
(((35))) (33)	knotweed, Japanese, Polygonum cuspidatum	(a)	Island, San Juan, and Whatcom counties of region 2
		(b)	Cowlitz and Skamania counties of region 3
		(c)	region 4, except Okanogan and Stevens counties
		(d)	region 5, except Spokane County
		(e)	region 6
(((36))) (34)	kochia, Kochia scoparia	(a)	regions 1, 2, and 3
		(b)	Stevens and Pend Oreille counties of region 4
		(c)	Adams County of region 5
(35)	lesser celandine, Ficaria verna	(a)	Snohomish County of region 2
		(b)	Skamania County of region 3
		(c)	Pend Oreille and Stevens counties of region 4
(((37))) (36)	loosestrife, garden, Lysimachia vulgaris	(a)	regions 1, 2, 3, 4, 5, 6
(((38))) (37)	loosestrife, purple, Lythrum salicaria	(a)	Clallam and Jefferson counties of region 1
		(b)	region 2, except Kitsap, Pierce, Skagit, and Snohomish counties
		(c)	Clark, Lewis, and Skamania counties of region 3
		(d)	region 4, except Douglas County
		(e)	region 5, except Grant and Spokane counties
		(f)	Columbia, Garfield, and Walla Walla counties of region 6
(((39))) (38)	loosestrife, wand, Lythrum virgatum	(a)	Clallam and Jefferson counties of region 1
		(b)	region 2, except Kitsap, Pierce, Skagit, and Snohomish counties
		(c)	Clark, Lewis, and Skamania counties of region 3
		(d)	region 4, except Douglas County
		(e)	region 5, except Grant and Spokane counties
		(f)	Columbia, Garfield, and Walla Walla counties of region 6
(((40))) (39)	parrotfeather, Myriophyllum aquaticum	(a)	region 1, except Pacific County
		(b)	regions 2, 4, 5, and 6
		(c)	Clark and Skamania counties of region 3
(((41))) (40)	perennial pepperweed, Lepidium latifolium	(a)	regions 1, 2, and 4
		(b)	region 3, except Clark and Cowlitz counties
		(c)	Kittitas, Lincoln and Spokane counties of region 5
		(d)	Columbia and Garfield counties of region 6
(((42))) (41)	poison hemlock, Conium maculatum	(a)	Clallam, Mason, and Pacific counties of region 1
		(b)	region 2, except King, Skagit, and Whatcom counties
		(c)	Clark and Skamania counties of region 3
		(d)	Chelan and Pend Oreille counties of region 4
		(e)	Grant, Kittitas and Lincoln counties of region 5
(((43))) (42)	policeman's helmet, Impatiens glandulifera	(a)	region 1, except Pacific County
		(b)	region 2, except Pierce, Thurston, and Whatcom counties
		(c)	region 3, except Clark County
		(((d)	region 4, except Pend Oreille County))
		(((e))) (d)	regions 4, 5, and 6
(((44))) (43)	puncturevine, Tribulus terrestris	(a)	regions 1, 2, and 3
		(b)	Ferry, Pend Oreille, and Stevens counties of region 4
		(c)	region 5, except Grant, Klickitat, and Yakima counties
(((45))) (44)	rush skeletonweed, Chondrilla juncea	(a)	regions 1 and 3
		(b)	region 2, except Kitsap County
		(c)	region 4, except all areas of Stevens County south of Township 29
		(d)	Kittitas and Yakima counties of region 5, and Adams County, except those areas lying east of Sage Road, the western border of Range 36
		(e)	Asotin County of region 6
(((46))) (45)	saltcedar, Tamarix ramosissima (unless intentionally planted prior to 2004)	(a)	regions 1, 3, 4, and 5
		(b)	region 2, except King and Thurston counties
		(c)	region 6, except Benton and Franklin counties
(((47))) (46)	Scotch broom, Cytisus scoparius	(a)	regions 4 and 6
		(b)	region 5, except Klickitat County
(((48))) (47)	spurge laurel, Daphne laureola	(a)	region 1, except Clallam and Jefferson counties
		(b)	region 2, except King ((and)), Kitsap, and Pierce counties
		(c)	region 3, except Skamania County
		(d)	regions 4, 5, and 6
(((49))) (48)	spurge, leafy, Euphorbia esula	(a)	regions 1, 2, 3, and 4
		(b)	region 5, except Spokane and Whitman counties
		(c)	region 6, except Columbia and Garfield counties
(((50))) (49)	spurge, myrtle, Euphorbia myrsinites	(a)	((regions 1, 3, 5, and 6)) region 1, except Clallam and Jefferson counties
		(b)	region 2, except King, Kitsap, and Whatcom counties
		(((b))) (c)	((region 2, except King, Kitsap, and Whatcom counties)) regions 3, 5, and 6
		(((c))) (d)	region 4, except Okanogan and Stevens counties
(((51))) (50)	sulfur cinquefoil, Potentilla recta	(a)	region 1
		(b)	region 2, except Pierce and Thurston counties
		(c)	region 3, except Lewis and Skamania counties
		(d)	Adams, Grant, Lincoln, and Whitman counties of region 5
		(e)	region 6, except Asotin County
(((52))) (51)	tansy ragwort, Senecio jacobaea	(a)	Island and San Juan counties of region 2
		(b)	Clark and Wahkiakum counties of region 3
		(c)	regions 4 and 6
		(d)	region 5, except Klickitat County
(((53))) (52)	thistle, musk, Carduus nutans	(a)	regions 1, 2, 3, and 6
		(b)	region 4, except Douglas and Ferry counties
		(c)	region 5, except Kittitas County
(((54))) (53)	thistle, plumeless, Carduus acanthoides	(a)	regions 1, 2, 3, 5, 6
		(b)	region 4, except ((Pend Oreille County and)) those areas north of State Highway 20 in Stevens County
(((55))) (54)	thistle, Scotch, Onopordum acanthium	(a)	regions 1, 2, and 3
		(b)	region 4, except Douglas County
		(c)	region 5, except Spokane and Whitman counties
(55)	velvetleaf, Abutilon theophrasti	(a)	regions 1, 2, 3, and 4
		(b)	region 5, except Yakima County
		(c)	region 6, except Franklin County
(56)	water primrose, Ludwigia hexapetala	(a)	regions 1, 2, 4, 5, and 6
		(b)	region 3, except Cowlitz County
(57)	white bryony, Bryonia alba	(a)	regions 1, 2, 3, and 4
		(b)	region 5, except Whitman County
		(c)	Benton County of region 6
(58)	wild chervil, Anthriscus sylvestris	(a)	regions 1, 4, and 6
		(b)	region 2, except Island and Whatcom ((County)) counties
		(c)	Wahkiakum and Lewis counties of region 3
		(d)	region 5, except Whitman County
(59)	yellow archangel, Lamiastrum galeobdolon	(a)	Clallam County of region 1
		(b)	Island, San Juan, Skagit, and Whatcom counties of region 2
		(c)	Cowlitz, Skamania and Wahkiakum counties of region 3
		(d)	regions 4, 5, and 6
(60)	yellow floating heart, Nymphoides peltata	(a)	regions 1, 2, and 6
		(b)	region 3, except Cowlitz County
		(c)	region 4, except Stevens County
		(d)	region 5, except Spokane County
(61)	yellow nutsedge, Cyperus esculentus	(a)	regions 1, 3, and 4
		(b)	region 2, except Skagit and Thurston counties
		(c)	region 5, except Klickitat and Yakima Counties
		(d)	region 6, except Franklin and Walla Walla counties
(62)	yellow starthistle, Centaurea solstitialis	(a)	regions 1, 2, and 3
		(b)	region 4, except T36 R38 ((north of)) in the area contained within Hwy 395/Hwy 20 ((and west of)), Pingston Creek Road, and Highland Loop Road in Stevens County
		(c)	region 5, except Klickitat, and Whitman counties

Common Name	Scientific Name
absinth wormwood	Artemisia absinthium
Austrian fieldcress	Rorippa austriaca
babysbreath	Gypsophila paniculata
black henbane	Hyoscyamus niger
blackberry, evergreen	Rubus laciniatus
blackberry, Himalayan	Rubus armeniacus
blackgrass	Alopecurus myosuroides
buffalobur	Solanum rostratum
cereal rye	Secale cereale
common barberry	Berberis vulgaris
common catsear	Hypochaeris radicata
common groundsel	Senecio vulgaris
common St. Johnswort	Hypericum perforatum
common tansy	Tanacetum vulgare
common teasel	Dipsacus fullonum
curly-leaf pondweed	Potamogeton crispus
English ivy 4 cultivars only:	Hedera hibernica 'Hibernica'
	Hedera helix 'Baltica'
	Hedera helix 'Pittsburgh'
	Hedera helix 'Star'
field bindweed	Convolvulus arvensis
fragrant water lily	Nymphaea odorata
hairy whitetop	Cardaria pubescens
((hawkweed, common	Hieracium lachenalii
hawkweed, polar	Hieracium atratum
hawkweed, other nonnative species	Hieracium spp., 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)))
hoary cress	Cardaria draba
Japanese eelgrass (on commercially managed shellfish beds only)	Zostera japonica
jointed goatgrass	Aegilops cylindrica
lawnweed	Soliva sessilis
lepyrodiclis	Lepyrodiclis holosteoides
longspine sandbur	Cenchrus longispinus
nonnative cattail species and hybrids	Including, but not limited to, Typha angustifolia, T. domingensis, T. minima, and T. x glauca
old man's beard	Clematis vitalba
oxeye daisy	Leucanthemum vulgare
perennial sowthistle	Sonchus arvensis ssp. arvensis
reed canarygrass	Phalaris arundinacea
Russian olive	Elaeagnus angustifolia
scentless mayweed	Matricaria perforata
smoothseed alfalfa dodder	Cuscuta approximata
spikeweed	Hemizonia pungens
spiny cocklebur	Xanthium spinosum
Swainsonpea	Sphaerophysa salsula
thistle, bull	Cirsium vulgare
thistle, Canada	Cirsium arvense
tree-of-heaven	Ailanthus altissima
white cockle	Silene latifolia ssp. alba
wild carrot (except where commercially grown)	Daucus carota
yellow flag iris	Iris pseudacorus
yellow toadflax	Linaria vulgaris