WSR 15-19-170 PROPOSED RULES NOXIOUS WEED CONTROL BOARD [Filed September 23, 2015, 11:54 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-14-018.
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 2016. Specifically, the board is considering: The addition of three Class C noxious weeds; modification of one Class B designation; update of one scientific name, and removal of one Class C noxious weed.
Hearing Location(s): The Confluence Technology Center, 285 Technology Center Way, Wenatchee, WA 98801, on November 3, 2015, at 1:00-3:00 p.m.
Date of Intended Adoption: November 28, 2015.
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 2, 2015.
Assistance for Persons with Disabilities: Contact Susie Allen by October 30, 2015, 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 WSNWCB. 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 A SMALL BUSINESS ECONOMIC IMPACT STATEMENT IS REQUIRED
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; the change of noxious weed class of a species.
The current proposed changes to the 2016 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 2016 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 modifications of a Class B designation: The designation of one Class B noxious weed will be adjusted to better match existing distribution of this species in Chelan County, namely to undesignate common bugloss, Anchusa vulgaris, in the Entiat River Valley between the Columbia River confluence and Stormy Creek.
Proposed addition of Class C noxious weeds: English hawthorn (Crataegus monogyna) is a long-lived small tree and has been used in landscaping because of its white, showy flowers, bright red fruit, and sharp spines that made it useful as a hedgerow. It has been escaping cultivation in western Washington, particularly on San Juan Island, where it is encroaching on agricultural land and in natural areas. It is capable of hybridizing with the native western hawthorn. English hawthorn has been proposed as a Class C noxious weed. Control would not be required by the state and most counties have indicated they would (or already do) provide education but not require control at the local level. A few county weed boards indicated they might require control where English hawthorn has escaped. Adding this species as a noxious weed would not prohibit its transport or sale in the state of Washington.
Ventenata (Ventenata dubia) is a nonnative, invasive, winter annual grass that has rapidly expanded in perennial grass systems and in disturbed areas and managed areas in the past two decades throughout the Pacific Northwest. It is a particular problem in pasture, CRP, and hay production systems, where it can significantly reduce hay yields. Control would not be required by the state and most counties have indicated they would (or already do) provide education. Some counties have indicated they might require control of this invasive grass. Adding this species as a noxious weed would not prohibit its transport or sale in the state of Washington.
Medusahead (Taeniatherum caput-medusae) is a nonnative, invasive winter annual grass with long awns that can be somewhat spreading and twisting, and are covered in small barbs. The unpalatable grass invades many ecosystems, including grasslands and sagebrush steppe, where it significantly reduces native plants and valuable forage. Control would not be required by the state and most counties have indicated they would (or already do) provide education. Some counties have indicated they might require control of this invasive grass. Adding this species as a noxious weed would not prohibit its transport or sale in the state of Washington.
Proposed removal of a Class C noxious weed: Lepyrodiclis (Lepyrodiclis holosteoides) is a weedy, fast-growing annual plant in the pinks family. It had been considered problematic in pea and grain fields in Whitman County but currently does not appear to be of high concern.
Proposed change to a scientific name: The scientific name of one Class C noxious weed will be updated to improve consistency with national taxonomic standards: Hemizonia pungens → Centromadia pungens.
Affected Groups and the Cost of Compliance:
The horticultural industry: The horticultural industry is most likely to be indirectly impacted by the proposed listing of English hawthorn. However, it is unlikely that this listing will directly cause these businesses to lose sales, revenue, or jobs. The noxious weed list is separate from the Washington state department of agriculture (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 [the] plants. Nurseries selling this nonnative, invasive species could potentially experience a decrease in sales of this shrub 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 (along with a self-addressed stamped envelope) was mailed to one hundred twenty WSDA-licensed nurseries on August 26, 2015. The sampling strategy used was a systematic, random design so that at least three nurseries per county were included in the survey, with King, 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 link to the online survey was also e-mailed on August 26 to over eight hundred businesses licensed with WSDA that had provided e-mail addresses in their application.
We received a total of one hundred thirty-seven online responses between August 31 and September 13, 2015. Additionally, a total of forty-five paper-copy surveys were mailed back between August 16 and September 19 for a total of one hundred eighty-two unique responses. Seven paper surveys were returned to us as undeliverable.
Demographics of respondents: Of the total responding nurseries and landscaping companies, one hundred forty-five indicated that they were considered a small business as defined by RCW 19.85.020. Thirteen establishments were not small businesses. Four respondents were not sure if their businesses were considered small businesses, and twenty left this survey question blank. Nurseries participating in the surveys came from thirty-two different counties in Washington and two counties in Oregon. Two respondents noted that their businesses were situated in at least two counties.
Survey results:
Proposed modifications of current Class B designation: 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. The proposed change in designation for one Class B noxious weed [can] not have a direct negative economic impact to any small businesses in the affected area, because the control requirement is being reduced.
Proposed addition of Class C noxious weeds:
Proposed addition of English hawthorn: Of one hundred sixty-one businesses that responded, only five (3.1%) noted that they stocked English hawthorn as part of their inventory. A total of one hundred fifty-three nurseries (95.0%) did not carry it, and three (1.9%) were not sure. Twenty-one respondents skipped the question. When asked if the possible listing of English hawthorn as a Class C noxious weed would cause their business to lose sales, only two of forty respondents (5%) indicated that it would cause a loss of sales or revenue. When asked for an estimate of potential loss of sales, one respondent entered $650, the other indicated an estimated loss of $500. One respondent noted that the nursery would never sell this species, one stressed the importance of education about the use of hawthorn as a hedge species and its beneficial uses, one noted that it was a great species for birds but was not suited and one nursery indicated that it sold the native hawthorn (Crataegus douglasii) only.
Proposed addition of ventenata: None (0%) of the one hundred seventy-one businesses indicated that they carried ventenata. A total of one hundred sixty-four (95.9%) nurseries responded that they did not stock ventenata and seven respondents (4.1%) were not sure if they carried it. When asked if the possible listing of ventenata as a Class C noxious weed would cause their business to lose sales, twenty-six of the thirty-one respondents (83.9%) said it would not cause a reduction in sales and five (16.1%) were not sure. Two respondents commented that they would never sell this species, with one noting that he or she saw the impact of ventenata in rangeland.
Proposed addition of medusahead: A total of one hundred seventy-three out of one hundred seventy-six responding nurseries (93.3%) indicated that they did not stock medusahead in their inventory. One business (0.6%) indicated that it carried medusahead, and two respondents (1.1%) were not sure if they carried it. When asked if the possible listing of medusahead as a Class C noxious weed would cause their business to lose sales, thirty-four of thirty-seven respondents (91.9%) indicated that it would not cause a loss of sales or revenue, and three respondents (8.1%) were not sure. One respondent commented that it would never be sold there, and another noted that it should be listed as a noxious weed based on what it has done in rangeland.
Proposed removal of a Class C noxious weed: None of the county weed boards require control of this Class C noxious weed. Removing lepyrodiclis will have no economic impact to landowners.
Proposed updating of scientific name of one noxious weed: Updating taxonomic names of noxious weeds will have no economic impact to landowners.
Alternatives to the Proposed Assessment:
Proposed modification of a current Class B designation: The alternative to the proposed modification to a Class B designation would be the [to] leave the designation the way it is. Landowners in the proposed affected area would still be required to control common bugloss.
Proposed addition of three Class C noxious weeds: The alternative to the proposed listings would be to not list English hawthorn, ventenata, and medusahead 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 removal of a Class C noxious weed: The alternative to removing lepyrodiclis is to leave it on the list. None of the county weed boards require control of this Class C noxious weed.
Proposed updating of scientific names of one noxious weed: The current scientific name, though outdated, would still be used by the WSNWCB.
Conclusions: Few, if any, small businesses will be directly impacted by these proposed changes to the 2016 noxious weed list. Two of the proposed additions are invasive, winter annual grasses that are not used as ornamental or landscaping species. Based on feedback from the horticultural industry, English hawthorn does not seem to be widely carried in the nursery trade, and it is unlikely that these businesses will experience more-than-minor negative impacts to overall sales or revenue, even those nurseries that carry these English hawthorn. Moreover, the proposed listing will not prohibit nurseries from selling this species. The WSNWCB is committed to working with the horticultural industry to mitigate any potential reductions in sales and use of English hawthorn and other invasive ornamentals. Noninvasive alternatives to this species are already featured in our highly successful and popular GardenWise: Noninvasive plants for your garden.
Based upon the above analysis, the WSNWCB concludes that direct 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. WSNWCB is not one of the agencies listed in this section.
October [September] 23, 2015
Alison Halpern
Executive Secretary
AMENDATORY SECTION (Amending WSR 14-24-103, filed 12/2/14, effective 1/2/15)
WAC 16-750-011 State noxious weed list—Class B noxious weeds.
AMENDATORY SECTION (Amending WSR 14-24-103, filed 12/2/14, effective 1/2/15)
WAC 16-750-015 State noxious weed list—Class C noxious weeds.
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