WSR 16-10-100
PROPOSED RULES
DEPARTMENT OF AGRICULTURE
[Filed May 4, 2016, 9:33 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-13-071.
Title of Rule and Other Identifying Information: Chapter 16-752 WAC, Noxious weed seed and plant quarantine, the agency is clarifying language and proposing to add additional species to the noxious weed seed and plant quarantine. These species include: Butterfly bush (Buddleja davidii), except for accepted sterile cultivars; yellow archangel (Lamiastrum galeobdolon); lesser celandine (Ficaria verna); all nonnative hawkweed species and hybrids (nonnative Hieracium spp.); Senegal tea plant (Gymnocoronis spilanthoides); and Australian water clover (Marsilea mutica).
Hearing Location(s): Washington State Department of Agriculture (WSDA), Natural Resources Building, 1111 Washington Street S.E., Conference Room 205, Olympia, WA 98504-2560, on June 9, 2016, at 10:00 a.m.
Date of Intended Adoption: June 23, 2016.
Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail wsdarulescomments@agr.wa.gov, fax (360) 902-2094, by June 9, 2016.
Assistance for Persons with Disabilities: Contact Deanna Painter by June 2, 2016, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal adds butterfly bush (Buddleja davidii), except for accepted sterile cultivars; yellow archangel (Lamiastrum galeobdolon); lesser celandine (Ficaria verna); all nonnative hawkweed species and hybrids (nonnative Hieracium spp.); Senegal tea plant (Gymnocoronis spilanthoides); and Australian water clover (Marsilea mutica) to the noxious weed seed and plant quarantine, prohibiting their sale and distribution in Washington state. Regulated status also applies to all synonyms of these botanical names and interspecies hybrids if both parents are regulated species. Adding these species to the quarantine to ensure these plants are not being sold through the nursery trade may be critical to their exclusion or control.
In addition to adding species, WSDA is adding language clarifying the fees charged for compliance agreements and defining what are "regulated articles."
Reasons Supporting Proposal: The purpose of the noxious weed seed and plant quarantine is to prevent the establishment or spread of noxious weeds within the state by prohibiting their sale and movement. The noxious weed quarantine prohibits the sale of certain plant species that are determined to be invasive, nonnative, and harmful to our local ecosystems or disrupt agricultural production. Many of the quarantined species were introduced as ornamentals through the horticulture trade. Most of the listed species in the quarantine are also listed in chapter 16-750 WAC, the state noxious weed list, as a Class A or Class B noxious weed, requiring mandatory control by county weed boards. However, designation as a noxious weed on the state noxious weed list doesn't prohibit its sale, allowing consumers to buy a plant species that's prohibited by their county weed board. Prohibiting the sale of plants designated under the state noxious weed list for mandatory control will support the efforts of county weed boards to control noxious weeds.
Statutory Authority for Adoption: RCW 17.10.074, 17.24.011, 17.24.041, and chapter 34.05 RCW.
Statute Being Implemented: RCW 17.10.074, 17.24.011, and 17.24.041.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state noxious weed control board and Washington state department of ecology, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Cindy Cooper, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-2062.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Regarding butterfly bush, yellow archangel, lesser celandine and nonnative hawkweeds, 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 because alternative noninvasive species are readily available and, therefore, a small business economic impact statement 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. WSDA consulted department of ecology experts, and nursery industry experts that serve on the nursery advisory committee to determine that Gymnocoronis spilanthoides and Marsilea mutica are not commonly sold in the nursery trade and therefore their listing has no economic impact on small business.
A cost-benefit analysis is not required under RCW 34.05.328. WSDA is not a listed agency under RCW 34.05.328 (5)(a)(i).
May 4, 2016
Brad White
Assistant Director
AMENDATORY SECTION (Amending WSR 14-07-040, filed 3/12/14, effective 4/12/14)
WAC 16-752-600 Establishing the noxious weed seed and plant quarantine.
Washington agriculture, environmental quality and natural resources, including waters and wetlands, are threatened by nonnative, aggressive species of noxious weeds. A number of these noxious weeds are transported and sold within the state of Washington both as nursery plants and as seeds in packets of flower seeds or "wildflower mixes." Subsequent "escape" of these ornamentals has been a documented source of a number of infestations and has resulted in large public and private expenditures by landowners and land managers, weed boards, and weed districts and the department of agriculture to achieve the control mandated in chapter 17.10 RCW. The director of agriculture, pursuant to the powers provided in chapters 17.10 and 17.24 RCW, finds that regulation of the sale of these seed packets and plants as "regulated articles" is necessary to protect Washington agriculture and natural resources and to prevent public and private costs of control.
((Note:
For rules prescribing the limits of prohibited and restricted noxious weed seeds as contaminants in certified seed, see WAC 16-300-010 through 16-300-025.))
AMENDATORY SECTION (Amending WSR 14-07-040, filed 3/12/14, effective 4/12/14)
WAC 16-752-610 Regulated articles.
All plants, plant parts, and seeds in packets, blends, and "wildflower mixes" of the following listed species are designated as regulated articles under the terms of this noxious weed seed and plant quarantine. This list is comprised of the most recent and accepted scientific and common names of the quarantine plant species. Regulated status also applies to all synonyms of these botanical names and interspecies hybrids if both parents are regulated species:
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
Arundo donax (except variegated cultivars)
giant reed
Brachypodium sylvaticum
false brome
Buddleia davidii (except accepted sterile cultivars)
butterfly bush
Butomus umbellatus
flowering rush
Cabomba caroliniana
fanwort
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 stoebe
spotted knapweed
Centaurea macrocephala
bighead knapweed
Centaurea nigra
black knapweed
Centaurea nigrescens
Vochin knapweed
Chaenorrhinum minus
dwarf snapdragon
Clematis orientalis
oriental clematis
Crassula helmsii
Australian swamp stonecrop
Crupina vulgaris
common crupina
Cyperus rotundus
purple nutsedge
Cytisus scoparius
Scotch broom
Daucus carota
wild carrot, Queen Anne's lace
Echium vulgare
blueweed, blue thistle, blue devil, viper's bugloss, snake flower
Egeria densa
Brazilian elodea
Epilobium hirsutum
hairy willow herb
Euphorbia esula
leafy spurge
Euphorbia oblongata
eggleaf spurge
Ficaria verna
lesser celandine
Galega officinalis
goatsrue
Genista monspessulana
French broom
Geranium lucidum
shiny geranium
Glossostigma diandrum
mud mat
Glyceria maxima
reed sweetgrass, tall manna grass
Gymnocoronis spilanthoides
Senegal tea plant
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))
Hieracium spp. All nonnative species and hybrids
nonnative hawkweeds
Hydrilla verticillata
hydrilla
Hydrocharis morsus-ranae
European frog-bit
Impatiens glandulifera
policeman's helmet
Isatis tinctoria
dyers' woad
Kochia scoparia
kochia, summer-cyprus, burning-bush, fireball, Mexican fireweed
Lagarosiphon major
African elodea
Lamiastrum galeobdolon
yellow archangel
Lepidium latifolium
perennial pepperweed
Leucanthemum vulgare
oxeye daisy, white daisy, whiteweed, field daisy, marguerite, poorland flower
Linaria dalmatica spp. dalmatica
Dalmatian toadflax
Ludwigia hexapetala
water primrose
Ludwigia peploides
floating primrose-willow
Lysimachia vulgaris
garden loosestrife
Lythrum salicaria
purple loosestrife
Lythrum virgatum
wand loosestrife
Marsilea mutica
Australian water clover
Mirabilis nyctaginea
wild four o'clock, umbrella-wort
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
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
Sagittaria graminea
grass-leaved arrowhead
Sagittaria platyphylla
delta arrowhead
Salvia aethiopis
Mediterranean sage
Salvia pratensis
meadow clary
Salvia sclarea
clary sage
Schoenoplectus mucronatus
ricefield bulrush
Senecio jacobaea
tansy ragwort
Silybum marianum
milk thistle
Solanum elaeagnifolium
silverleaf nightshade
Solanum rostratum
buffaloburr
Soliva sessilis
lawnweed
Sorghum halepense
johnsongrass
Spartina alterniflora
smooth cordgrass
Spartina anglica
common cordgrass
Spartina densiflora
dense-flowered cordgrass
Spartina patens
salt meadow cordgrass
Spartium junceum
Spanish broom
Stratiotes aloides
water soldier
Tamarix ramosissima
saltcedar
Thymelaea passerina
spurge flax
Torilis arvensis
hedgeparsley
Trapa natans
water chestnut, bull nut
Trapa bicornus
water caltrap, devil's pod, bat nut
Ulex europaeus
gorse, furze
Utricularia inflata
swollen bladderwort
Zygophyllum fabago
Syrian bean-caper
((This list is comprised of the most recent and accepted scientific and common names of the quarantine plant species. Regulated status also applies to all synonyms of these botanical names and interspecies hybrids if both parents are regulated species.))
AMENDATORY SECTION (Amending WSR 14-07-040, filed 3/12/14, effective 4/12/14)
WAC 16-752-640 Compliance agreements.
The director may allow activities prohibited under this chapter by compliance agreement. Such compliance agreement shall specify the terms and conditions under which such activities are allowed. A fee may be charged for these services under ((chapter 16-470)) WAC 16-401-027 or 16-470-912 and 16-470-921.