WSR 19-20-120
PROPOSED RULES
NOXIOUS WEED
CONTROL BOARD
[Filed October 2, 2019, 11:02 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-16-012 and 19-16-03 [19-16-037].
Title of Rule and Other Identifying Information: Chapter 16-750 WAC, State noxious weed list and schedule of monetary penalties, the Washington state noxious weed control board (WSNWCB) is proposing to amend the state noxious weed list for 2020, create two new sections regarding the executive secretary and the education specialist, and update three additional sections of chapter 16-750 WAC.
Hearing Location(s): On November 5, 2019, at 1:00 p.m., at the Coast Wenatchee Center Hotel, 201 North Wenatchee Avenue, Wenatchee, WA 98801.
Date of Intended Adoption: November 26, 2019.
Submit Written Comments to: Mary Fee, WSNWCB, P.O. Box 42560, Olympia, WA 98504-2560, email mfee@agr.wa.gov or noxiousweeds@agr.wa.gov, fax 360-902-2053, by November 4, 2019.
Assistance for Persons with Disabilities: Contact Deanna Painter, phone 360-902-2061, TTY 800-833-6388, email dpainter@agr.wa.gov, by October 30, 2019.
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 WSNWCB. This proposal makes a few amendments to WAC 16-750-005 and 16-750-011. Specifically, the board is considering:
1. WAC 16-750-005 one proposed Class A addition, South American spongeplant, Limnobium laevigatum.
2. WAC 16-750-011 proposed Class B designation changes:
Designate Eurasian watermilfoil, Myriophyllum spicatum, in Kitsap County of region 2, and Kittitas and Whitman counties of region 5.
Designate Bohemian knotweed, Polygonum x bohemicum, in San Juan County of region 2, Stevens County of region 4, and Whitman and Yakima counties of region 5.
Designate Japanese knotweed, Polygonum cuspidatum, in Stevens County of region 4.
Designate Himalayan knotweed, Persicaria wallichii, in Clark County of region 3 and Stevens County of region 4.
Designate lesser celandine, Ficaria verna, in all of regions 1, 3, 4, 5, 6 and 2 except for King and Whatcom counties.
Designate leafy spurge, Euphorbia virgata, in Whitman County of region 5 and Garfield County of region 6.
Designate purple loosestrife, Lythrum salicaria, in Pierce County of region 2 and Benton County of region 6.
Designate wand loosestrife, Lythrum virgatum, in Mason County of region 1, Pierce County of region 2, and Benton County of region 6.
Designate poison hemlock, Conium maculatum, in Douglas County of region 4.
Designate policeman's helmet, Impatiens glandulifera, in Pacific County of region 1 and Pierce County of region 2.
Designate Ravenna grass, Saccharum ravennae, in Grant County of region 5.
Designate rush skeletonweed, Chondrilla juncea, in Kitsap County of region 2.
Designate European coltsfoot, Tussilago farfara, in Grant County of region 5.
Designation changes are intended to better match the distribution/threat of these noxious weeds.
WSNWCB is also proposing the following changes:
1. WAC 16-750-140, adding a standing legislative committee.
2. WAC 16-750-142, create a new section for WSNWCBExecutive secretary and education specialistHiring and dismissal.
3. WAC 16-750-145, editing WSNWCBExecutive secretaryDefinition.
4. WAC 16-750-146, adding new section for WSNWCBEducation specialistDefinition.
5. WAC 16-750-150, repealing section on WSNWCBExecutive secretaryHiring and dismissal. Moved to WAC 16-750-142.
Reasons Supporting Proposal: Under RCW 17.10.080, 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. Under RCW 17.10.070, WSNWCB is charged with adopting, amending, or repealing rules, pursuant to the Administrative Procedure Act, chapter 34.05 RCW, as may be necessary to carry out the duties and authorities assigned to the board by this chapter.
The proposed addition of South American spongeplant, Limnobium laevigatum, as a Class A noxious weed, is intended to keep it from spreading from the one known location in Washington state.
Designation changes of thirteen Class B noxious weeds are intended to better match the distribution/threat of these noxious weeds. 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 additional edits to the remaining sections are intended to improve the ability of WSNWCB to carry out the duties and authorities assigned to the board per chapter 17.10 RCW.
Statutory Authority for Adoption: RCW 17.10.070, 17.10.080.
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: Mary Fee, 1111 Washington Street S.E., Olympia, WA 98504, 360-902-2053.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. WSNWCB is not one of the agencies listed in this section.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Approximately two hundred fifty businesses responded to an online survey emailed to licensed nurseries and agricultural industry associations. Participating businesses do not appear to carry any of the Class B noxious weeds that have proposed designation changes, nine of which are already on Washington state department of agriculture's (WSDA) quarantine list (chapter 16-752 WAC). Of the five species that are not already on the quarantine list, only Ravenna grass is known for being [an] ornamental species, and it is currently undergoing rule making by WSDA to be added to the quarantine list. An analysis of the direct economic effects of the proposed rule amendments indicates that costs to businesses would be negligible or none at all. The thirteen Class B noxious weeds may be designated for control in counties where they are either absent or limited in distribution, business in these counties should not be faced with more-than-minor costs to control those noxious weeds.
Based upon the above analysis, WSNWCB concludes that direct minor costs, if any, imposed would affect less than ten percent of 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. WSNWCB concludes that 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 small business economic impact statement is not required.
A copy of the detailed cost calculations may be obtained by contacting Mary Fee, P.O. Box 42560, Olympia, WA 98504-2560, phone 360-902-2053, fax 360-902-2094, TTY 800-833-6388, email mfee@agr.wa.gov.
October 2, 2019
Mary Fee
Executive Secretary
AMENDATORY SECTION(Amending WSR 17-24-035, filed 11/29/17, effective 1/1/18)
WAC 16-750-005State noxious weed listClass A noxious weeds.
Common Name
Scientific Name
broom, French
Genista monspessulana
broom, Spanish
Spartium junceum
common crupina
Crupina vulgaris
cordgrass, common
Spartina anglica
cordgrass, dense-flowered
Spartina densiflora
cordgrass, salt meadow
Spartina patens
cordgrass, smooth
Spartina alterniflora
dyer's woad
Isatis tinctoria
eggleaf spurge
Euphorbia oblongata
false brome
Brachypodium sylvaticum
floating primrose-willow
Ludwigia peploides
flowering rush
Butomus umbellatus
garlic mustard
Alliaria petiolata
giant hogweed
Heracleum mantegazzianum
goatsrue
Galega officinalis
hydrilla
Hydrilla verticillata
Johnsongrass
Sorghum halepense
knapweed, bighead
Centaurea macrocephala
knapweed, Vochin
Centaurea nigrescens
kudzu
Pueraria montana var. lobata
meadow clary
Salvia pratensis
oriental clematis
Clematis orientalis
purple starthistle
Centaurea calcitrapa
reed sweetgrass
Glyceria maxima
ricefield bulrush
Schoenoplectus mucronatus
sage, clary
Salvia sclarea
sage, Mediterranean
Salvia aethiopis
silverleaf nightshade
Solanum elaeagnifolium
small-flowered jewelweed
Impatiens parviflora
South American spongeplant
Limnobium laevigatum
Syrian bean-caper
Zygophyllum fabago
Texas blueweed
Helianthus ciliaris
thistle, Italian
Carduus pycnocephalus
thistle, milk
Silybum marianum
thistle, slenderflower
Carduus tenuiflorus
variable-leaf milfoil
Myriophyllum heterophyllum
wild four o'clock
Mirabilis nyctaginea
AMENDATORY SECTION(Amending WSR 18-24-010, filed 11/26/18, effective 1/1/19)
WAC 16-750-011State noxious weed listClass B noxious weeds.
 
Name
 
Will be a "Class B designate" in all
lands lying within:
(1)
blueweed, Echium vulgare
(a)
regions 1, 2, 3, 4, 6
 
 
(b)
region 5, except Spokane County
(2)
Brazilian elodea, Egeria densa
(a)
region 1, except Grays Harbor County
(b)
region 2, except Kitsap County
 
 
(c)
King County of region 2, except lakes Dolloff, Fenwick, Union, Washington, and Sammamish, and the Sammamish River
 
 
(d)
region 3, except Wahkiakum County
 
 
(e)
regions 4, 5, and 6
(3)
bugloss, annual, Anchusa arvensis
(a)
regions 1, 2, 3, 4, and 6
(b)
region 5, except Spokane County
(4)
bugloss, common, Anchusa officinalis
(a)
regions 1, 2, 3, and 6
(b)
All of region 4 except those areas lying within the Entiat River Valley between the Columbia River confluence and Stormy Creek in Chelan County
 
 
(c)
region 5, except Spokane County
(5)
butterfly bush, Buddleja davidii
(a)
Grays Harbor County of region 1
 
 
(b)
San Juan County of region 2
 
 
(c)
Cowlitz County of region 3
(6)
camelthorn, Alhagi maurorum
(a)
regions 1, 2, 3, 4, 5, and 6
(7)
common fennel, Foeniculum vulgare (except bulbing fennel, F. vulgare var. azoricum)
(a)
region 1, except Jefferson County
 
(b)
region 2, except King and Skagit counties
 
 
(c)
region 3, except Clark County
 
 
(d)
regions 4, 5, and 6
(8)
common reed, Phragmites australis (nonnative genotypes only)
(a)
regions 1, 2, 3, and 4
(b)
region 5, except Grant County
(c)
Asotin, Columbia, and Garfield counties of region 6
(9)
Dalmatian toadflax, Linaria dalmatica ssp. dalmatica
(a)
regions 1, 2, and 3
(b)
Adams, Kittitas, and Lincoln counties of region 5
 
 
(c)
Benton, Franklin, and Walla Walla counties of region 6
(10)
Eurasian watermilfoil, Myriophyllum spicatum
(a)
region 1, except Pacific County
(b)
Island, Kitsap, and San Juan counties of region 2
 
 
(c)
Clark and Cowlitz counties of region 3
 
 
(d)
Chelan and Okanogan counties, and all lakes with public boat launches except Fan Lake in Pend Oreille County of region 4
 
 
(e)
Adams ((and)), Kittitas, Lincoln, and Whitman counties of region 5
 
 
(f)
Asotin, Columbia, and Garfield counties of region 6
(11)
European coltsfoot, Tussilago farfara
(a)
regions 1, 2, 3, 4, 5, and 6
(((b)
region 5, except Grant County))
(12)
fanwort, Cabomba caroliniana
(a)
regions 1, 2, 4, 5, and 6
(b)
region 3, except Cowlitz County
(13)
gorse, Ulex europaeus
(a)
region 1, except Grays Harbor and Pacific counties
 
 
(b)
regions 2, 3, 4, 5, 6
(14)
grass-leaved arrowhead, Sagittaria graminea
(a)
region 1
(b)
region 2, except Snohomish County
 
 
(c)
regions 3, 4, 5, and 6
(15)
hairy willow-herb, Epilobium hirsutum
(a)
regions 1, 3, and 4
(b)
region 2, except Thurston and Whatcom counties
 
 
(c)
region 5, except Klickitat County
 
 
(d)
region 6, except Benton and Franklin counties
(16)
hawkweed oxtongue, Picris hieracioides
(a)
regions 1, 2, 4, 5, and 6
(b)
region 3, except Skamania County
(17)
hawkweed, orange, Hieracium aurantiacum
(a)
regions 1, 3, and 6
(b)
region 2, except Whatcom County
 
 
(c)
region 4, except Pend Oreille and Stevens counties
 
 
(d)
region 5, except Kittitas and Spokane counties
(18)
hawkweeds: All nonnative species and hybrids of the Meadow subgenus (Pilosella), including, but not limited to, mouseear (Hieracium pilosella), pale (H. lactucella), queen-devil (H. glomeratum), tall (H. piloselloides), whiplash (H. flagellare), yellow (H. caespitosum), and yellow-devil (H. x floribundum)
(a)
region 1
 
(b)
region 2, except Thurston County
 
(c)
region 3, except Cowlitz County
 
(d)
region 4, except Pend Oreille and Stevens counties
 
(e)
region 5, except Klickitat and Spokane counties
 
(f)
region 6
(19)
hawkweeds: All nonnative species and hybrids of the Wall subgenus (Hieracium), including, but not limited to, common (Hieracium lachenalii), European (H. sabaudum), polar (H. atratum), smooth (H. laevigatum), spotted (H. maculatum), and wall (H. murorum)
(a)
regions 1, 3, 5, and 6
 
(b)
region 2, except King, Skagit, and Whatcom counties
 
(c)
region 4, except Stevens County
(20)
herb-Robert, Geranium robertianum
(a)
regions 4, 5, and 6
(21)
hoary alyssum, Berteroa incana
(a)
regions 1, 2, 3, and 6
(b)
region 4, except Pend Oreille and Ferry counties
 
 
(c)
region 5, except Klickitat County
(22)
houndstongue, Cynoglossum officinale
(a)
regions 1, 2, and 3
(b)
Chelan and Douglas counties of region 4
 
 
(c)
Yakima, Grant and Adams counties of region 5
 
 
(d)
Benton and Franklin counties of region 6
(23)
indigobush, Amorpha fruticosa
(a)
regions 1, 2, and 4
(b)
Lewis County of region 3
 
 
(c)
region 5, except Klickitat County
(24)
knapweed, black, Centaurea nigra
(a)
regions 1, 2, 3, 4, 5, and 6
(25)
knapweed, brown, Centaurea jacea
(a)
regions 1, 2, 3, 4, 5, and 6
(26)
knapweed, diffuse, Centaurea diffusa
(a)
region 1
(b)
region 2
 
 
(c)
region 3, except Cowlitz County
 
 
(d)
Adams County of region 5
(27)
knapweed, meadow, Centaureax moncktonii
(a)
regions 1 and 4
(b)
region 2, except Whatcom County
 
 
(c)
Thurston County of region 2, except below the ordinary high-water mark of the Nisqually River
 
 
(d)
Lewis and Wahkiakum counties of region 3
 
 
(e)
region 5, except Kittitas and Klickitat counties
 
 
(f)
region 6, except Franklin and Walla Walla counties
(28)
knapweed, Russian, Rhaponticum repens
(a)
regions 1, 2, and 3
(b)
Ferry and Pend Oreille counties of region 4
 
 
(c)
Lincoln, Spokane, and Whitman counties of region 5
 
 
(d)
Adams County of region 5, except for the area west of Highway 17 and north of Highway 26
 
 
(e)
Asotin and Garfield counties of region 6
(29)
knapweed, spotted, Centaurea stoebe
(a)
region 1, except Grays Harbor
(b)
region 2, except Whatcom County
 
 
(c)
Clark, Lewis, and Wahkiakum counties of region 3
 
 
(d)
Ferry County of region 4
 
 
(e)
Adams, Grant and Yakima counties of region 5
 
 
(f)
region 6, except Columbia and Walla Walla counties
(30)
knotweed, Bohemian, Polygonum x bohemicum
(a)
Island ((County))and San Juan counties of region 2
(b)
Skamania County of region 3
 
 
(c)
region 4, ((except Stevens County))5, and 6
 
 
(((d)
region 5, except Whitman and Yakima counties
 
 
(e)
region 6))
(31)
knotweed, giant, Polygonum sachalinense
(a)
region 2, except King, Pierce, and Snohomish counties
(b)
region 3, except Cowlitz and Lewis counties
(c)
regions 4, 5, and 6
(32)
knotweed, Himalayan, Persicaria wallichii
(a)
region 1, except Pacific County
(b)
region 2, except King and Pierce counties
 
 
(c)
((Cowlitz, Lewis and Skamania counties of)) region 3, except Wahkiakum County
 
 
(d)
region 4, ((except Stevens County))5, and 6
 
 
(((e)
regions 5 and 6))
(33)
knotweed, Japanese, Polygonum cuspidatum
(a)
Island, San Juan, and Whatcom counties of region 2
(b)
Skamania County of region 3
 
 
(c)
region 4, except Okanogan ((and Stevens counties))County
 
 
(d)
region 5, except Spokane County
 
 
(e)
region 6
(34)
kochia, Bassia scoparia
(a)
regions 1, 2, and 3
(b)
Stevens and Pend Oreille counties of region 4
 
 
(c)
Adams County of region 5
(35)
lesser celandine, Ficaria verna
(a)
((Snohomish County of region 2))region 1, 3, 4, 5, and 6
 
 
(b)
((Skamania County of region 3))region 2, except King and Whatcom counties
 
 
(((c)
Pend Oreille and Stevens counties of region 4))
(36)
loosestrife, garden, Lysimachia vulgaris
(a)
regions 1, 2, 3, 4, 5, 6
(37)
loosestrife, purple, Lythrum salicaria
(a)
Clallam, Jefferson, and Mason counties of region 1
(b)
region 2, except Kitsap, ((Pierce,)) Skagit, and Snohomish counties
 
 
(c)
Clark, Lewis, and Skamania counties of region 3
 
 
(d)
region 4, except Douglas County
 
 
(e)
region 5, except Grant and Spokane counties
 
 
(f)
((Columbia, Garfield, and Walla Walla counties of)) region 6, except Asotin and Franklin counties
(38)
loosestrife, wand, Lythrum virgatum
(a)
Clallam ((and)), Jefferson, and Mason counties of region 1
(b)
region 2, except Kitsap, ((Pierce,)) Skagit, and Snohomish counties
 
 
(c)
Clark, Lewis, and Skamania counties of region 3
 
 
(d)
region 4, except Douglas County
 
 
(e)
region 5, except Grant and Spokane counties
 
 
(f)
((Columbia, Garfield, and Walla Walla counties of)) region 6, except Asotin and Franklin counties
(39)
Malta starthistle, Centaurea melitensis
(a)
regions 1, 2, and 3
(b)
region 4, except T36 R38 in the area contained within Hwy 395/Hwy 20, Pingston Creek Road, and Highland Loop Road in Stevens County
 
 
(c)
region 5, except Klickitat and Whitman counties
(40)
parrotfeather, Myriophyllum aquaticum
(a)
region 1, except Pacific County
(b)
regions 2, 4, 5, and 6
 
 
(c)
Clark and Skamania counties of region 3
(41)
perennial pepperweed, Lepidium latifolium
(a)
regions 1, 2, and 4
(b)
region 3, except Clark and Cowlitz counties
 
 
(c)
Kittitas, Lincoln and Spokane counties of region 5
 
 
(d)
Columbia and Garfield counties of region 6
(42)
poison hemlock, Conium maculatum
(a)
Clallam, Mason, and Pacific counties of region 1
(b)
region 2, except King, Skagit, and Whatcom counties
 
 
(c)
Clark and Skamania counties of region 3
 
 
(d)
Chelan, Douglas, and Pend Oreille counties of region 4
 
 
(e)
Grant, Kittitas and Lincoln counties of region 5
(43)
policeman's helmet, Impatiens glandulifera
(a)
region 1, ((except Pacific County))3, 4, 5, and 6
(b)
region 2, except ((Pierce,)) Thurston((,)) and Whatcom counties
 
 
(((c)
regions 3, 4, 5, and 6))
(44)
puncturevine, Tribulus terrestris
(a)
regions 1, 2, and 3
(b)
Ferry, Pend Oreille, and Stevens counties of region 4
 
 
(c)
region 5, except Grant, Klickitat, and Yakima counties
(45)
Ravenna grass, Saccharum ravennae
(a)
Cowlitz County of region 3
(b)
region 4, except Chelan County
 
 
(c)
region 5, except ((Grant and Yakima counties))Yakima County
 
 
(d)
region 6, except Benton County
(46)
rush skeletonweed, Chondrilla juncea
(a)
regions 1, 2, and 3
(b)
((region 2, except Kitsap County
 
 
(c)))
region 4, except all areas of Stevens County south of Township 29
 
 
(((d)))
(c)
Kittitas and Yakima counties of region 5, and Adams County, except those areas lying east of Sage Road, the western border of Range 36
 
 
(((e)))
(d)
Asotin County of region 6
(47)
saltcedar, Tamarix ramosissima (unless intentionally planted prior to 2004)
(a)
regions 1, 3, 4, and 5
(b)
region 2, except King and Thurston counties
(c)
region 6, except Benton and Franklin counties
(48)
Scotch broom, Cytisus scoparius
(a)
regions 4 and 6
(b)
region 5, except Klickitat County
(49)
shiny geranium, Geranium lucidum
(a)
regions 1, 4, 5, and 6
(b)
regions 2, except Thurston County
 
 
(c)
region 3, except Clark County
(50)
spurge flax, Thymelaea passerina
(a)
region 4, except Okanogan County
(b)
regions 5 and 6
(51)
spurge laurel, Daphne laureola
(a)
region 1, except Clallam and Jefferson counties
(b)
region 2, except King, Kitsap, and Pierce counties
 
 
(c)
region 3, except Skamania County
 
 
(d)
regions 4, 5, and 6
(52)
spurge, leafy, Euphorbia virgata
(a)
regions 1, 2, 3, and 4
(b)
region 5, except Spokane ((and Whitman counties))County
 
 
(c)
region 6, except Columbia ((and Garfield counties))County
(53)
spurge, myrtle, Euphorbia myrsinites
(a)
region 1, except Clallam and Jefferson counties
(b)
region 2, except King, Kitsap, Pierce, and Whatcom counties
 
 
(c)
regions 3, 5, and 6
 
 
(d)
region 4, except Okanogan and Stevens counties
(54)
sulfur cinquefoil, Potentilla recta
(a)
region 1
(b)
region 2, except Pierce and Thurston counties
 
 
(c)
region 3, except Lewis and Skamania counties
 
 
(d)
Adams, Grant, Lincoln, and Whitman counties of region 5
 
 
(e)
region 6, except Asotin County
(55)
tansy ragwort, Jacobaea vulgaris
(a)
Island and San Juan counties of region 2
(b)
Clark and Wahkiakum counties of region 3
 
 
(c)
regions 4 and 6
 
 
(d)
region 5, except Klickitat County
(56)
thistle, musk, Carduus nutans
(a)
regions 1, 2, 3, and 6
(b)
region 4, except Douglas and Ferry counties
 
 
(c)
region 5, except Kittitas County
(57)
thistle, plumeless, Carduus acanthoides
(a)
regions 1, 2, 3, 5, 6
(b)
region 4, except those areas north of State Highway 20 in Stevens County
(58)
thistle, Scotch, Onopordum acanthium
(a)
regions 1, 2, and 3
(b)
region 4, except Douglas County
 
 
(c)
region 5, except Spokane and Whitman counties
(59)
velvetleaf, Abutilon theophrasti
(a)
regions 1, 2, 3, and 4
(b)
region 5, except Yakima County
(c)
region 6, except Franklin County
(60)
water primrose, Ludwigia hexapetala
(a)
regions 1, 2, 4, 5, and 6
(b)
region 3, except Cowlitz County
(61)
white bryony, Bryonia alba
(a)
regions 1, 2, 3, and 4
(b)
region 5, except Whitman County
 
 
(c)
Benton County of region 6
(62)
wild chervil, Anthriscus sylvestris
(a)
regions 1, 4, and 6
(b)
region 2, except Island and Whatcom counties
 
 
(c)
Wahkiakum and Lewis counties of region 3
 
 
(d)
region 5, except Whitman County
(63)
yellow archangel, Lamiastrum galeobdolon
(a)
Clallam County of region 1
(b)
Island, San Juan, Skagit, and Whatcom counties of region 2
 
 
(c)
Skamania and Wahkiakum counties of region 3
 
 
(d)
regions 4, 5, and 6
(64)
yellow floating heart, Nymphoides peltata
(a)
regions 1, 2, and 6
(b)
region 3, except Cowlitz County
 
 
(c)
region 4, except Stevens County
 
 
(d)
region 5, except Spokane County
(65)
yellow nutsedge, Cyperus esculentus
(a)
regions 1 and 4
(b)
region 2, except Skagit and Thurston counties
 
 
(c)
region 3, except Clark County
 
 
(d)
region 5, except Klickitat and Yakima counties
 
 
(e)
region 6, except Franklin and Walla Walla counties
(66)
yellow starthistle, Centaurea solstitialis
(a)
regions 1, 2, and 3
(b)
region 4, except T36 R38 in the area contained within Hwy 395/Hwy 20, Pingston Creek Road, and Highland Loop Road in Stevens County
 
 
(c)
region 5, except Klickitat, and Whitman counties
AMENDATORY SECTION(Amending WSR 12-01-050, filed 12/15/11, effective 1/15/12)
WAC 16-750-140State noxious weed control boardCommittees.
Standing committees shall fairly reflect the composition of the board and unless advertised and open to the public, not more than four voting members may attend a committee meeting.
(1) Executive committee. An executive committee is authorized to deal with housekeeping and personnel matters, subject to board approval at the next scheduled board meeting. The chairperson appoints the executive committee with approval of the board.
(2) Standing committees. The standing committees of the board are: Budget, executive, legislative, noxious weed, and education. The board chairperson appoints the chairperson and other members of each committee.
(3) Ad-hoc committees may be appointed from time to time.
(4) Committee voting procedures.
(a) All members of a particular committee have the right to vote. Other members in attendance may enter into discussion, but shall have no vote.
(b) Proxy voting is not permitted.
(c) All questions decided by the committee will be by majority of the committee members present.
(5) Advisory committees. Advisory committees are established by the board as deemed necessary to the functioning of the board. Advisory committees are limited in their scope to the purposes determined by the board.
(6) Notice. Notice of committee meetings shall be given to the executive secretary.
(7) Committee reports.
(a) Committee reports and recommendations are submitted to the board in writing except when committees meet in conjunction with the board.
(b) Minority reports may be submitted by members of a committee, if signed by those members.
(8) Committee compensation. Board members attending meetings of committees will, upon request, be reimbursed on the same basis as for attendance at regularly called board meetings.
(9) All committee appointments will be reviewed in January of even-numbered years.
NEW SECTION
WAC 16-750-142State noxious weed control boardExecutive secretary and education specialistHiring and dismissal.
The board has the responsibility for hiring and removing from office the executive secretary and education specialist which are exempt employees. The executive secretary or education specialist may be dismissed by a majority vote of the full board upon the recommendation of the chairperson and the executive committee. Prior to initiating a dismissal the executive committee will notify the department. Neglect of duty, gross inefficiency, gross incompetence, gross misconduct, malfeasance or willful violation of obligations may give cause for a recommendation for dismissal or dismissal. Before any action is taken by the board to dismiss the executive secretary or education specialist, the chairperson and one member of the executive committee will confer with the employee and provide in writing and fully explain the charges and contemplated recommendation for dismissal. The privilege of a hearing before the executive committee or full board will be granted to the employee prior to any formal action taken by the board. The employee is granted thirty days preparation time for the hearing and is entitled to present evidence, to be assisted by favorable witnesses, and to confront unfavorable witnesses at the hearing.
AMENDATORY SECTION(Amending WSR 99-24-029, filed 11/23/99, effective 1/3/00)
WAC 16-750-145State noxious weed control boardExecutive secretaryDefinition.
The executive secretary acts as the chief administrative officer for the board ((and)), duties of whom are fixed by the board which include, but are not limited to, as follows:
(1) Implements and administers the statutes, administrative rules, and policies of the noxious weed control program assigned to the board;
(2) Plans, develops, and prepares administrative rules and policies for the state noxious weed control program in conjunction with the board and the department; arranges public hearings in compliance with the Administrative Procedure Act and acts as chief hearing officer for the board; conducts elections for positions on the board;
(3) ((Coordinates the educational and weed control efforts of county and regional noxious weed control boards and weed districts;
(4))) Coordinates board activities with the department, maintains a liaison and performs coordinating activities with other public and private agencies;
(((5)))(4) Negotiates agreements, ((on behalf))with consultation and approval of the board, with federal agencies, tribes, and other public and private agencies;
(((6)))(5) Represents the board before the state legislature; coordinates the development, edits, and oversees the production of the biennial report to the county noxious weed boards and weed districts on how state funds were spent and recommendations for the continued best use of state funds for noxious weed control;
(((7) Plans, prepares, and presents programs on noxious weed control, specific weed species, and the role of the board;))(6) Acts as the principal spokesperson of the board to the media, technical audiences, and the public;
(((8) Maintains a collection of scientific and technical information relating to noxious weeds and integrated vegetation management; prepares written findings for the inclusion of species on the state noxious weed list;
(9) Develops, maintains, and ensures dissemination of information relating to noxious weeds to county noxious weed control boards and weed districts and keeps the general public and program participants informed of board activities and accomplishments;
(10)))(7) Provides technical advice to county noxious weed boards and weed districts on the state noxious weed law and related rules;
(((11)))(8) Plans and coordinates statewide approaches to selected noxious weeds, assists in the development of statewide noxious weed survey standards, coordinates efforts with department weed specialists;
(((12)))(9) Coordinates the activities of the board by scheduling all regular and committee meetings; in consultation with the chair, prepares meeting agendas; prepares all board correspondence; updates board on local, state, and federal noxious weed activities; acts as an ex officio, nonvoting member of all committees;
(((13)))(10) Records the official minutes of the board and ensures their distribution; maintains all board records, acts as public records officer;
(((14)))(11) Oversees fiscal management of the board's administrative budget and cooperates with the department in budget development;
(((15)))(12) Supervises ((all))additional board employees, approves hiring, rehiring, promotion, and termination of ((all))additional board employees and ensures these processes and any disciplinary actions comply with state and department personnel policies; notifies board and department prior to initiating an adverse personnel action against any employee;
(((16)))(13) Performs other assignments as determined by the board.
NEW SECTION
WAC 16-750-146State noxious weed control boardEducation specialistDefinition.
The education specialist duties whom are fixed by the board which include, but are not limited to, as follows:
(1) Supports and assists the educational and weed control efforts of county and regional noxious weed control boards and weed districts;
(2) Plans, prepares, and presents programs on noxious weed control, specific weed species, and the role of the board;
(3) Maintains a collection of scientific and technical information relating to noxious weeds and integrated vegetation management; prepares written findings for the inclusion of species on the state noxious weed list;
(4) Develops, maintains, and ensures dissemination of information relating to noxious weeds to county noxious weed control boards and weed districts and keeps the general public and program participants informed of board activities and accomplishments;
(5) Performs other assignments as determined by the board.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 16-750-150
State noxious weed control board—Executive secretary—Hiring and dismissal.