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.
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.
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:
((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.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||