WSR 16-14-003 PERMANENT RULES DEPARTMENT OF AGRICULTURE [Filed June 23, 2016, 7:32 a.m., effective July 24, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule-making order amends chapter 16-752 WAC, Noxious weed seed and plant quarantine, by adding butterfly bush (Buddleia 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, the Washington state department of agriculture is adding language clarifying the fees charged for compliance agreements and defining what are "regulated articles."
The quarantine is being amended as a result of a petition submitted by the Washington state noxious weed control board and the Washington state department of ecology.
Citation of Existing Rules Affected by this Order: Amending WAC 16-752-600, 16-752-610, and 16-752-640.
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 16-10-100 on May 4, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Date Adopted: June 23, 2016.
Kirk Robinson
Deputy 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.
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