WSR 01-01-014

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed December 6, 2000, 3:37 p.m. ]

Date of Adoption: December 6, 2000.

Purpose: Amend the existing rule to add fifteen invasive, nonnative wetland or aquatic plant species to the list of species that are prohibited from distribution, transportation, sale, purchase, or offer for sale in this state. Also, the existing rule needs clarification of provisions and updating of text and taxonomy.

Citation of Existing Rules Affected by this Order: Amending WAC 16-752-500, 16-752-505, 16-752-515, and 16-752-520.

Statutory Authority for Adoption: Chapters 17.24, 17.10, and 15.13 RCW.

Adopted under notice filed as WSR 00-21-116 on October 18, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

December 6, 2000

Jim Jesernig

Director

OTS-4495.1


AMENDATORY SECTION(Amending WSR 92-07-024, filed 3/10/92, effective 4/10/92)

WAC 16-752-500   Establishing wetland and aquatic weed quarantine.   Washington waters and wetlands are threatened by nonnative, aggressive((, perennial)) weeds that destroy the commercial, aesthetic, fish and/or wildlife habitat, and recreational value of these areas. ((Parrot's Feather (or parrotfeather or waterfeather))) African elodea, Brazilian elodea (or egeria), Eurasian watermilfoil, ((and)) fanwort, slender-leaved naiad, hydrilla((,)) and water chestnut (a different species from the food "water chestnut" commonly sold in grocery stores) are submersed, rooted species that can invade shallow to deep water. Parrotfeather, water primrose, and yellow floating heart are rooted plants that invade shallow water and aquatic margins. European frogbit and swollen bladderwort are freely floating species. These species, when established, form dense mats that will clog irrigation systems and waterways, displace native species, alter fish and wildlife habitat, and seriously impact recreational use of the waterways.

Garden loosestrife, hairy willow herb, grass-leaved arrowhead, mud mat, marsh dew flower and flowering rush are rooted plants which invade wetlands, shallow water and aquatic margins. When established, their dense stands displace native vegetation and harm wildlife habitat.

Salt meadow cordgrass, common cordgrass, and smooth cordgrass are noxious weeds that have invaded ((a small part of the)) salt water estuarine areas on the Washington coast displacing native species, threatening bird and mammal habitats and the shellfish industry. Dense-flowered cordgrass, a closely related species, has potential to duplicate this invasion.

The director of agriculture, pursuant to the powers provided in chapters 17.10, 15.13 and 17.24 RCW, finds that the regulation and exclusion of these plants and plant parts are necessary to preserve Washington waters and wetlands, both fresh water and estuarine, from new or additional infestation. These requirements and restrictions, contained in WAC 16-752-500 through 16-752-525, are in addition to the requirements contained in WAC 232-12-271, "Criteria for planting aquatic plants and releasing wildlife," administered by the Washington state department of fish and wildlife.

[Statutory Authority: RCW 17.10.235 and chapter 17.24 RCW. 92-07-024, 16-752-500, filed 3/10/92, effective 4/10/92.]


AMENDATORY SECTION(Amending WSR 92-07-024, filed 3/10/92, effective 4/10/92)

WAC 16-752-505   Wetland and aquatic weed quarantine -- Regulated articles.   All plants and plant parts of the following are regulated articles under this chapter: ((Eurasian watermilfoil (Myriophyllum spicatum); hydrilla (Hydrilla verticillata); salt meadow cordgrass (Spartina patens); common cordgrass (Spartina anglica); smooth cordgrass (Spartina alterniflora); Parrot's Feather, parrotfeather or waterfeather (Myriophyllum aquaticum also known as M. brasiliense or M. proserpinacoides); and Brazilian elodea or egeria (Egeria densa or Elodea densa).))

Scientific Name Common Name
Butomus umbelatus flowering rush
Cabomba caroliniana fanwort
Egeria densa Brazilian elodea
Epilobium hirsutum hairy willow herb
Glossostigma diandrum mud mat
Hydrilla verticillata hydrilla
Hydrocharis morsus-ranae European frog-bit
Lagarosiphon major African elodea
Ludwigia hexapetala water primrose
Lysimachia vulgaris garden loosestrife
Murdannia keisak marsh dew flower, Asian spiderwort
Myriophyllum aquaticum parrotfeather
Myriophyllum spicatum Eurasian watermilfoil
Najas minor slender-leaved naiad, brittle naiad
Nymphoides peltata yellow floating heart
Sagittaria graminea grass-leaved arrowhead
Spartina alterniflora smooth cordgrass
Spartina anglica common cordgrass
Spartina densiflora dense-flowered cordgrass
Spartina patens salt meadow cordgrass
Trapa natans water chestnut, bull nut
Utricularia inflata swollen bladderwort

[Statutory Authority: RCW 17.10.235 and chapter 17.24 RCW. 92-07-024, 16-752-505, filed 3/10/92, effective 4/10/92.]


AMENDATORY SECTION(Amending WSR 92-07-024, filed 3/10/92, effective 4/10/92)

WAC 16-752-515   Wetland and aquatic weed quarantine -- Exemptions.   The prohibition on transporting plants or plant parts in WAC 16-752-510 shall not apply to plants or plant parts collected for herbariums, research in control methods, creation of pressed specimens for educational or identification purposes and other scientific activities((: Provided)), except that all activities requiring live plants, except pressed specimens, are conducted under permit from the director and are conducted in such a way that no infestation is created. No permit is required to transport plants or plant parts, as a part of a noxious weed control activity, to a sanitary landfill, to be burned, or otherwise for disposition((: Provided, That)), if such activities are conducted under the supervision of an official weed control agency or other public agency with management responsibilities for the control efforts and are conducted in such a manner that seed dispersal or dispersal of propagative materials to uninfested areas ((are)) is prevented. No permit is required for live plants for educational or training purposes ((shall not require a permit provided that)), if the specimens are disposed of in such a manner as to prevent infestation.

[Statutory Authority: RCW 17.10.235 and chapter 17.24 RCW. 92-07-024, 16-752-515, filed 3/10/92, effective 4/10/92.]


AMENDATORY SECTION(Amending WSR 92-07-024, filed 3/10/92, effective 4/10/92)

WAC 16-752-520   Wetland and aquatic weed quarantine -- Disposition of regulated articles.   Any plants or plant parts transported, bought, sold, offered for sale, or planted in violation of this order shall be subject to destruction or shipment ((back)) out-of-state if the ((director)) department determines that such shipment may be done without danger of infestation. Any action ((shall)) will be at the expense of the owner or the owner's agent and without compensation.

[Statutory Authority: RCW 17.10.235 and chapter 17.24 RCW. 92-07-024, 16-752-520, filed 3/10/92, effective 4/10/92.]

Washington State Code Reviser's Office