WSR 14-20-125 PROPOSED RULES NOXIOUS WEED CONTROL BOARD [Filed October 1, 2014, 11:57 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-14-021 [14-14-094].
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 one Class A noxious weed and three Class C noxious weeds; reclassification of one Class A noxious weed; modifications to designations of nine Class B noxious weeds; updates of scientific names of three noxious weeds; extension of officer terms.
Hearing Location(s): The Confluence Technology Center, 285 Technology Center Way, Wenatchee, WA 98801, on November 4, 2014, at 1:00-3:00 p.m.
Date of Intended Adoption: November 28, 2014.
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 3, 2013 [2014].
Assistance for Persons with Disabilities: Contact Wendy DesCamp by October 31, 2014, 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.
Rule is not necessitated by federal law, federal or state court decision.
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 also be obtained by contacting Alison Halpern, WSNWCB, P.O. Box 42560, Olympia, WA 98504-2560.
AN ANALYSIS TO DETERMINE IF AN SBEIS IS REQUIRED FOR WSNWCB PROPOSALS TO CHANGE THE NOXIOUS WEED LIST (RCW 17.10.080)
Rule Summary: RCW 17.10.080 authorizes the 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; the change of noxious weed class of a species.
The current proposed changes to the 2015 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 2015 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 A noxious weed: Ravenna grass is a large, nonnative, perennial, ornamental grass that has been found escaping in eastern Washington in the last couple of years. It produces large basal clumps of leaves that can crowd out native and desirable plant species. In Washington, seeds of Ravenna grass are spreading from ornamental plantings and can successfully germinate in a wide range of habitats, including locations near the Columbia and Yakima rivers. Just this summer, escaped Ravenna grass plants were also found in Oregon, near the Columbia River, becoming Oregon's first document[ed] record. Locations of Ravenna grass are still limited in Washington and by listing it as a Class A noxious weed, eradication would be required throughout the state, thus eliminating the seed source and spread of plants before they become more widespread.
Proposed addition of Class C noxious weeds: Pampas grass is a large, nonnative, perennial bunch grass, with showy plumes, used in ornamental plantings in Washington. It is a known invasive species in California and is also escaped in Oregon. Last year, escaped populations of pampas grass were discovered in Washington, with the largest infestation having almost five hundred plants. Due to its apparent recent spread, its ability to crowd out desirable plant species, and the range of conditions it can establish and survive, listing pampas grass as a Class C noxious weed would increase awareness about the invasiveness of this species as well as provide education on best management practices. The state noxious weed board does not require control of Class C noxious weeds, but adding it to the state noxious weed list would provide county weed boards the option to require control.
Jubata grass is also a large, nonnative, perennial bunchgrass that is occasionally used as an ornamental species. It is a listed noxious weed in California with large infestation occurring along the coast. It is also a noxious weed in Oregon and has been documented in Washington. Last year, escaped populations of pampas grass were discovered in Washington. Due to the similarity in appearance of jubata and pampas grass, and that jubata grass is a listed noxious weed in nearby states, jubata grass is proposed for listing as a Class C noxious weed. This listing would increase awareness about jubata grass and provide information on how to control it. Adding jubata grass to the state noxious weed list would also provide county noxious weed boards the option to require control.
Italian arum is a nonnative, perennial groundcover that was originally introduced as an ornamental plant. While its spread appears to be moderate, once established in the landscape, it is very difficult to control. It has now naturalized in a number of counties in western Washington and appears to be establishing populations more rapidly as additional infestations are being discovered. Due to it establishing in riparian areas and other habitats, its toxicity, and it being very difficult to control once established, it is being proposed as a Class C noxious weed to raise awareness, prevent introductions, and promote control. Adding Italian arum to the state noxious weed list would also provide county noxious weed boards the option to require control.
Proposed reclassifications of existing noxious weeds: Shiny geranium is a small, annual plant of open woodlands and forested habitat, and it also does extremely well in disturbed habitat such as roadsides. Although it was only known to occur in two locations in Washington when it was listed in 2009 as a Class A noxious weed, it has since rapidly expanded its range in Clark County and has been found in several other counties, where it is being effectively controlled. Reclassifying it as a Class B noxious weed and designating it everywhere it [in] Washington except in Clark County will keep this species contained in that [those] counties where control, rather than eradication is a more reasonable goal. Other counties will still work to keep it controlled.
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:
Proposed changes to scientific names: The scientific names of three noxious weeds will be updated to improve consistency with national taxonomic standards.
Proposed extension of WSNWCB officer terms: Extending the officer (i.e., chair, vice-chair, and secretary) positions to two years gives board members more time to gain experience to be more effective in these elected roles.
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 Ravenna grass, pampas grass, jubata grass, and Italian arum. However, it is unlikely that these listings will directly cause these businesses to lose sales, revenue, or jobs. The noxious weed list is separate from the WSDA quarantine list (chapter 16-752 WAC), which prohibits 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 the four aforementioned invasive plants, the 2014 noxious weed list, the WSDA quarantine list, and a self-addressed stamped envelope were initially mailed to two hundred WSDA-licensed nurseries on August 14, 2014. The sampling strategy used was a systematic, random design so that at least three nurseries per county were included in the survey, with King County, Pierce, and Spokane counties weighted more heavily based on demographics. Some counties such as Adams, Columbia, Douglas, and Wahkiakum had fewer than three retail nurseries and did not receive as many surveys. A second round of nineteen surveys was mailed out to different nurseries after nineteen were returned as undeliverable. When possible, these substitute surveys were sent to nurseries within the same counties as the returned ones. A link to the online survey was also sent on August 22 to over one thousand three hundred businesses licensed with WSDA that had provided e-mail addresses in their application.
We received a total of seventy-three online responses between August 22 and September 18, 2014. Additionally, a total of seventy paper copy surveys were mailed back between August 16 and September 30 for a total of one hundred forty-three unique responses.
Demographics of respondents: Of the total responding nurseries and landscaping companies, one hundred twenty-seven indicated that they were considered a small business as defined by RCW 19.85.020. Two establishments were not small businesses. Three respondents were not sure if their businesses were considered small businesses, and eleven left this survey question blank. Nurseries participating in the surveys came from thirty-one different counties. Three respondents noted that their businesses were situated in at least two counties.
Survey results: Proposed addition of Ravenna grass as a Class A noxious weed: Of one hundred thirty-three businesses that responded, only six (about 4.5 percent) noted that they carried Ravenna grass. A total of one hundred twenty-five nurseries (94.0 percent) did not carry it, and two (1.5 percent) were not sure. None of the respondents carrying Ravenna grass noted that listing it as a Class A noxious weed would impact their business and an additional eleven respondents who do not carry Ravenna grass felt that listing it would not have an economic impact. One respondent was not sure if it would have an impact. One of the respondents who carries Ravenna grass noted that listing it would have a "minimal effect on sales … wouldn't mind if it was listed on noxious weed list."
Proposed addition of Class C noxious weeds:
Pampas grass + jubata grass: Pampas grass and jubata grass were grouped together in the survey, though the respondents had the ability to specify which one they carried. Of one hundred forty-two businesses that responded:
When asked if listing pampas grass and jubata grass would have an impact on their business:
Six businesses of the eight business[es] that indicated an economic impact provided comments regarding estimated loss revenue or employee hours as a result of listing pampas grass as a Class C noxious weed:
Italian arum: Of the one hundred forty responding businesses (three left the answer blank), ten respondents (7.1 percent) indicated that they carried Italian arum as part of their inventory, and one hundred thirty respondents (92.9 percent) indicated that they did not carry this plant. Of the respondents who carry this plant, three businesses (2.1 percent of all nurseries) noted that a Class C noxious weed listing would have an economic impact; however, no estimates of lost revenue or employee hours were provided. Four businesses responded that this proposed listing would not have any impact on their business, and two respondents were not sure. An additional twelve businesses that did not carry Italian arum noted that a noxious weed listing would not have an economic impact.
Nonspecific groups:
Proposed addition of Class A noxious weed: A Class A noxious weed listing means that the WSNWCB would require eradication of existing Ravenna grass plants. In Benton County, much of the escaped Ravenna grass occurs on federal land. Removal of ornamental plantings will be required; however, county weed boards will be encouraged to work with landowners so that they will be given ample time to remove existing plants and replant noninvasive alternatives. Much of the escaped Ravenna grass in Benton County is on public land, including federally owned land.
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. For these three ornamental species (pampas grass, jubata grass, and Italian arum), the WSNWCB will recommend noninvasive alternatives to use in landscaping and gardening, and will actively communicate with the Washington state nursery and [Landscape Association].
Proposed reclassifications of existing noxious weeds: The reclassification of the Class A noxious weed shiny geranium would actually reduce control requirements. Due to the rapid expansion of this plant, many landowners (particular county) in Clark County have technically been out of compliance due to the inability to eradicate these populations. The mandatory eradication of shiny geranium would no longer be required in Clark County, although the county weed board will likely require selective control in specific parts of Clark County. Control in all other counties will still be required, and since control strategies of an annual plant such as shiny geranium are the same as eradication strategies, efforts in other counties will likely not change.
Proposed modifications of current Class B designations: The proposed modifications of designations for nine 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, most of these changes in designations reduce control requirements.
Proposed updating of scientific names of three noxious weeds: Updating taxonomic names of noxious weeds will have no economic impact to landowners.
Proposed extension of WSNWCB officer terms: Extending the WSNWCB officer (i.e., chair, vice-chair, and secretary) positions to two years will not cause any economic impact.
Alternatives to the Proposed Assessment:
Proposed addition of a Class A noxious weed: The alternative to the proposed listing would be that Ravenna grass is not added as Class A noxious weed for 2015, resulting in a status quo of the current situation, whereby individual landowners or land managers have the option of voluntarily controlling Ravenna grass while it is still limited. However, given the recent rate that it has been documented spreading in south-central Washington (and now in Oregon), this plant is likely to become increasing [increasingly] invasive and is a risk in riparian habitat. Federal agencies with Ravenna grass on their property are less likely to voluntarily control it if it is not a listed noxious weed, especially a Class A noxious weed.
Proposed addition of Class C noxious weeds: The alternative to the proposed listings would be to not list pampas grass, jubata grass, and Italian arum 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 continue to educate about these species where they are a local concern, but control could not be mandated.
Proposed reclassifications of existing noxious weeds: The alternative to the proposed reclassifications of shiny geranium would be to leave it as Class A noxious weed. All landowners, including those in Clark County where it has become widespread, would be required to eradicate this 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. Landowners would still be required to control Class B noxious weeds that do not get undesignated as requested by county weed boards. County weed boards request the designation of a Class B noxious weed would have the option of selecting Class B nondesignates as county selects.
Proposed updating of scientific names of three noxious weeds: The current scientific names, though outdated, would still be used by the WSWNCB.
Proposed extension of WSNWCB officer terms: Terms would continue to be annual.
Conclusions: Few, if any, small businesses will be directly impacted by these proposed changes to the 2015 noxious weed list. Based on feedback from the horticultural industry, Ravenna grass, jubata grass and Italian arum do not seem to be widely carried in the nursery trade, and it is unlikely that these businesses will experience negligible, indirect, negative impacts to sales or revenue, even those nurseries that carry these three plants.
It does appear that more nurseries and landscaping companies still carry or plant pampas grass, which has been commonly used as a landscaping plant. Only a small percentage of total businesses (5.6 percent) indicated that listing pampas grass as a Class C noxious weed could have an economic impact, and one estimate was as high as $3K in lost revenue. This would not be a direct effect, as the noxious weed listing does not prohibit the continued sale of this species. However, there may be a reduced demand for pampas grass by gardeners, landscapers, and landscaping clients due to its status as an invasive plant.
To mitigate this potential reduction in sales and use of pampas grass (along with Ravenna grass, jubata grass, and Italian arum), the WSNWCB is committed to working with horticulturalists to compile a list of suitable, marketable, noninvasive alternatives. This information will be provided on the WSNWCB web site and, pending available funding, a reprint of the very successful and popular GardenWise: Noninvasive plants for your garden. The WSNWCB will reach out to the Washington State Nursery and Landscape Association, the Washington Association of Landscape Professionals, and the Washington chapter of the American Society of Landscape Architects to promote these noninvasive alternative[s] to these invasive plants.
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 these 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. The WSNWCB is not one of the agencies listed in this section.
October 1, 2014
Alison Halpern
Executive Secretary
AMENDATORY SECTION (Amending WSR 14-02-072, filed 12/30/13, effective 1/30/14)
WAC 16-750-005 State noxious weed list—Class A noxious weeds.
AMENDATORY SECTION (Amending WSR 14-02-072, filed 12/30/13, effective 1/30/14)
WAC 16-750-011 State noxious weed list—Class B noxious weeds.
AMENDATORY SECTION (Amending WSR 14-02-072, filed 12/30/13, effective 1/30/14)
WAC 16-750-015 State noxious weed list—Class C noxious weeds.
AMENDATORY SECTION (Amending WSR 12-01-050, filed 12/15/11, effective 1/15/12)
WAC 16-750-130 State noxious weed control board—Organization.
The organization of the board is as follows:
(1) The officers of the board are the chairperson, vice-chairperson, and secretary. The title of the chief administrative officer is the executive secretary.
(2) Duties of officers.
(a) The chairperson presides at all meetings of the board, has the power to appoint committees, acts as ex officio member of all committees except the executive committee, serves as chairperson of the executive committee, serves as official signer of agreements between the board and public or private agencies, and performs such other duties as pertain to the office.
(b) The vice-chairperson performs the duties of the chairperson in his or her absence, acts as an ex officio member of all committees, and any other duties delegated by the chairperson. The vice-chairperson will assume the duties of and serve out the term of the chairperson upon permanent departure of the chairperson.
(c) The secretary is the official keeper of the minutes and, approves them, and presents them to the board for adoption. In the absence of the chairperson and vice-chairperson, the secretary performs the duties of the chairperson.
(d) The duties of the executive secretary, in addition to administrative duties assigned elsewhere in this chapter, are to keep a record of the proceedings of the board, notify all board members, county noxious weed control boards, and weed districts of meetings, act as an ex officio nonvoting member of all committees, negotiate agreements with public and private agencies on behalf of the board, and perform other responsibilities as delegated by the chairperson.
(3) Term of office. Term of office for officers of the board is ((twelve months)) two years following elections held at the first board meeting in January and ending at the January meeting of the ((following)) second year.
(4) Election of officers. Elections will be held every two years at the ((first)) January meeting of the first year ((in January)). Officers are elected by a majority vote of the voting members present.
(5) Vacancies of officers other than chairperson, shall be filled by election of the voting board members present.
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