WSR 98-20-094

PROPOSED RULES

NOXIOUS WEED CONTROL BOARD

[Filed October 7, 1998, 10:24 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-12-069.

Title of Rule: Chapter 16-750 WAC, State noxious weed list and schedule of monetary penalties.

Purpose: The state Noxious Weed Control Board proposes amending the state noxious weed list to add species determined to be noxious, to change areas designated for control of some noxious weeds and to delete certain noxious weeds from the list. The board also proposes changing its mission statement.

Statutory Authority for Adoption: Chapter 17.10 RCW.

Statute Being Implemented: Chapter 17.10 RCW.

Summary: Proposed changes to the state noxious weed list include the addition of two new Class A noxious weeds, one new Class B noxious weed and one new Class C noxious weed; the deletion of six species; and classification and designation area changes for fifteen species. The state weed board mission statement would also be edited.

Reasons Supporting Proposal: New nonnative species were found to be highly destructive, competitive or difficult to control. Distribution data indicated some listed species should be reclassified or deleted.

Name of Agency Personnel Responsible for Drafting: Lisa E. Lantz, Kent, Washington, (253) 872-2972; Implementation: Ray Fann, Kent, Washington, (253) 872-2972; and Enforcement: Mary A. Martin Toohey, Olympia, Washington (360) 902-1907.

Name of Proponent: Washington State Noxious Weed Control Board, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The state noxious weed list provides the basis for noxious weed control efforts by county noxious weed control boards, weed districts, the state weed board and the Washington State Department of Agriculture, under the auspices of chapter 17.10 RCW. The effect of the state noxious weed list is to prioritize control of noxious weed species statewide, concentrating on prevention and early detection, while still allowing for local program flexibility.

Proposal Changes the Following Existing Rules: The proposal adds two new Class A weeds, one new Class B weed, and one new Class C weed. It also deletes six species and changes the classification or designation area for fifteen listed species. The proposal would also revise the State Noxious Weed Control Board's mission statement.

A small business economic impact statement has been prepared under chapter 19.85 RCW.



Small Business Economic Impact Statement

Background: The Washington State Noxious Weed Control Board (WSNWCB) is charged with annually reviewing and updating the state noxious weed list, found in chapter 16-750 WAC, to ensure it accurately reflects and prioritizes the noxious weeds threatening Washington.

The WSNWCB issued a call for suggestions and recommendations on the content of the state noxious weed list in December of 1997 to all county noxious weed control boards and an extensive mailing list of agricultural and environmental organizations, state and federal agencies, county governments, and other parties who have asked to be notified of such opportunities. This comment period was open until the end of April 1998. An additional reminder notice was sent during the comment period. A handout was also provided, which included tips for making a successful recommendation.

The WSNWCB Noxious Weed Committee, which is composed of scientific advisors, county representatives, WSNWCB representatives, and a public interest representative, first met in May of 1998 to review the suggestions received to date. Committee meetings are open to the public and suggestions can be presented in person or in writing. The committee then used the next few months to gather additional information needed to evaluate suggestions. This process includes field investigations, literature searches, interviews with scientists and weed specialists in other areas of the country or world, and additional interviews with persons making recommendations.

The committee held another public meeting in July 1998 to finish evaluation of suggestions and to review additional suggestions that had been submitted outside of the formal comment period. The committee then developed a draft set of recommendations for changes to the state noxious weed list. The preproposal statement was filed in June and the draft amendments were sent out for comment in August of 1998.

The Noxious Weed Committee met a third time in September to consider public input and to finalize its recommendations to the WSNWCB. After discussion and review of the committee's recommendations, the WSNWCB adopted the recommended changes to the state weed list as their formal proposal in September 1998.

Summary of Amendments: The following changes are proposed:

WAC 16-750-005 State noxious weed list - Class A noxious weeds. Class A noxious weeds are required to be eradicated by all landowners under the authority of chapter 17.10 RCW.

Add two new nonnative species that are of extremely limited distribution and are highly destructive, competitive, or difficult to control (Thymelaea passerina and Euphorbia oblongata).

Delete two nonnative species (Hibiscus trionum and Proboscidea louisianica). Recent evaluation indicates these species have not been highly destructive, competitive, or difficult to control in Washington.

Move one species found to have an extremely limited distribution from the Class C list to the Class A list (Tamarix ramosissima).

Move one species from the Class A list to the Class B list (Hieracium pilosella). The increased distribution of this species makes it more appropriate on the Class B list.

WAC 16-750-011 State noxious weed list - Class B noxious weeds. Class B noxious weeds are required to be controlled by all landowners in the areas where they are designated, under the authority of chapter 17.10 RCW. In the areas where they are not designated, landowners are only required to control Class B noxious weeds if they are placed on the county noxious weed control list, as a local priority for control.

Designate new areas for the mandatory control of nine previously listed species, each in only two counties or a smaller area (Chondrilla juncea, Geranium robertianum, Kochia scoparia, Lepidium latifolium, Linaria dalmatica ssp. dalmatica, Lysimachia vulgaris, Lythrum salicaria, Lythrum virgatum, and Ulex europaeus). These species have been found to have only limited distribution in the areas where they are proposed for designation, making control and containment feasible.

Move four species from the Class C list to the Class B list (Anthriscus sylvestris, Chaenorrhinum minus, Daucus carota, and Eruca vesicaria ssp. sativa). These species have been found to have only limited distribution in the areas where they are proposed for designation, making control and containment feasible.

Move one species from the Class A list to the Class B list (Hieracium pilosella). The increased distribution of this species makes it more appropriate on the Class B list. This species has been found to have only limited distribution in the areas where it is proposed for designation, making control and containment feasible.

Add one new nonnative species that is highly destructive, competitive, or difficult to control (Impatiens glandulifera). The species is designated for control where it is unknown or of limited distribution.

Delete one nonnative species (Lamium hybridum). Recent reevaluation indicates this species has not been highly destructive, competitive, or difficult to control in Washington.

WAC 16-750-015 State noxious weed list - Class C noxious weeds. Class C noxious weeds are widespread species that are not state-mandated for control under the authority of chapter 17.10 RCW. Landowners are only required to control Class C noxious weeds if they are placed on a county noxious weed control list, as a local priority for control.

Add one, new, nonnative species that is highly destructive, competitive, or difficult to control (Polygonum sachalinense).

Move one species found to have an extremely limited distribution from the Class C list to the Class A list (Tamarix ramosissima).

Move four species from the Class C list to the Class B list (Anthriscus sylvestris, Chaenorrhinum minus, Daucus carota, and Eruca vesicaria ssp. sativa). These species have been found to have only limited distribution in some areas, making control and containment feasible.

Delete three widespread species (Cirsium vulgare, Solanum dulcamara, and Verbascum thapsus).

WAC 16-750-110 State Noxious Weed Control Board - Mission. Revise mission statement to be more concise and to be consistent with changes to RCW 17.10.007.

Costs of Compliance: Changes to the state weed board mission statement and deletion of species from the state noxious weed list should have very little economic impact to businesses. The addition of new noxious weeds to the state noxious weed list or the designation of noxious weeds in new areas of the state impose potential costs on all businesses that own or manage infested property. These costs are only incurred if the listed species occur on the property. By definition, the noxious weeds for which the state requires control are of limited distribution and, therefore, only a relatively small number of businesses will actually incur noxious weed control costs in any one season.

The control of noxious weeds involves costs for the actual control strategy selected, as well as some administrative time for recordkeeping, compliance correspondence, training, and safety education for some control strategies. The state's noxious weed law, chapter 17.10 RCW, does not mandate a specific method of control; it mandates a result. The landowner can select the method he/she feels is most appropriate, after considering site characteristics, cost, time, and effectiveness. Technical assistance in choosing a control strategy is available to all landowners at no cost from the local county noxious weed control board or weed district, Washington State University Cooperative Extension, the Washington State Department of Agriculture, and the WSNWCB. Control costs will vary widely, based on the noxious weed, the site's environmental characteristics, weather, the extent of the vegetation, the surrounding land use, and the control strategy used.

Chemical control strategies involve costs for the following items. These control cost ranges capture the majority of control situations, but some sites may have higher or lower costs:

Herbicides - $15 to $100 per acre.

Application equipment - spot spray with a pre-mixed chemical $0, hand held sprayer $15 to $45, backpack sprayer $60 to $100 new (may be available for loan from county weed board), truck mounted spray rig and boom $500 to $5,000 (not including vehicle).

Labor - in-house or contracted with a licensed applicator (who would handle equipment, licensing, permitting, and recordkeeping) $20 to $100 per hour contracted applicator; aerial application $150 to $250 per hour.

Protective equipment - goggles $3 to $10, chemical-resistant gloves $5 to $40, chemical-resistant boots $20 to $60, Tyvek coveralls $3 to $12. Personal protective equipment costs will vary depending on the type of herbicide and the frequency and duration of use.

Licensing and permitting - application of many herbicides requires the applicator to be licensed and permits may be required for some types of sites (mainly those in or near water) - $21 to $40 for license and study materials, $20 to $500 for permit notices and signage.

Recordkeeping - fifteen minutes to two hours of labor time, depending on the extent and variability of the application.

Hand-pulling or mowing costs include: Labor - hand methods may require two to ten times more labor time than chemical strategies.

Equipment - hand tools $5 to $40 each for shovels, hoes, weed whip; $35 to $250 for hand-held trimmers.

Disposal - bags fifty cents to $4 each, land-filling $15 to $100/ton.

Other strategies like burning, steam solarization, tillage, etc. may be appropriate for some sites, but the previous two methods are the most commonly used.

Comparison of Cost - Small Versus Large Employers: Administrative and control costs vary only with the control strategy selected, the site characteristics, and the type and extent of the infestation. These costs on a per acre basis would be the same for small and large employers, but could be proportionally more per employee for small employers. The cost to outfit, train, and equip one employee for noxious weed control work would depend on the number of employees needed to conduct the control work, but this may represent a larger percentage of employees for small businesses. Contracting for control work could cost more per hour of labor or per $100 of sales for a small employer. Larger businesses would be expected, in general, to own or manage more land, thus potentially incurring a higher total cost.

The proposed amendments affect a small percentage of landowners in Washington. It is highly unlikely they would affect more than 20% of all industries or more than 10% of any one industry. The species proposed for the Class A list are all presently known from four or fewer sites in the state. The proposed changes to the B list would also affect limited numbers of landowners; these changes are proposed because the species are present in limited areas or present at very small levels of infestation.

Mitigation of Disproportionate Costs to Small Employers: The state noxious weed law recognizes that the immediate prevention, control, and eradication of noxious weeds is practical on some lands and that these activities should be extended over a period of time on other lands. RCW 17.10.154 allows county noxious weed control boards, at their discretion, to enter into agreements with local landowners. These agreements allow for gradual containment and control of noxious weeds over a period of years on appropriate sites. This flexibility allows small businesses to spread noxious weed control costs over time in some cases.

Due to site conditions and infestation patterns, mitigation of control requirements for small businesses may not always be possible. Noxious weeds do not recognize human political and ownership boundaries. Effective control statewide requires that all landowners fulfill the requirements to control and contain noxious weeds. This is an inherent part of all pest control programs. Through the state noxious weed list, the state has prioritized control efforts in Washington, concentrating landowner efforts on new infestations. Control of infestations when they are small provides the most protection for the least cost. County noxious weed control boards limit landowner costs by conducting regular surveys so that infestations can be caught when small. Technical assistance is also available through several sources to assist landowners in devising the most effective and cost-efficient control program possible.



A copy of the statement may be obtained by writing to Lisa E. Lantz, Washington State Noxious Weed Control Board, 1851 South Central Place, Suite 211, Kent, WA 98031, phone (253) 872-2972, fax (253) 872-6320.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Noxious Weed Control Board is not one of the agencies listed in this section.

Hearing Location: Grant County Public Works Building, 124 Enterprise Street S.E., Ephrata, WA, on November 17, 1998, at 9:00-10:00 a.m.

Assistance for Persons with Disabilities: Lisa E. Lantz by November 12, 1998, TDD (360) 902-1996, or (253) 872-2972.

Submit Written Comments to: Lisa E. Lantz, 1851 South Central Place, Suite 211, Kent, WA 98031, fax (253) 872-6320, by November 12, 1998.

Date of Intended Adoption: November 17, 1998.

October 5, 1998

Lisa E. Lantz

Executive Secretary

OTS-2583.1

AMENDATORY SECTION (Amending WSR 97-24-051, filed 11/26/97, effective 1/2/98)



WAC 16-750-005  State noxious weed list--Class A noxious weeds.



Common Name Scientific Name
bean-caper, Syrian Zygophyllum fabago
blueweed, Texas Helianthus ciliaris
broom, Spanish Spartium junceum
buffalobur Solanum rostratum
clary, meadow Salvia pratensis
cordgrass, salt meadow Spartina patens
crupina, common Crupina vulgaris
flax, spurge Thymelaea passerina
four o'clock, wild Mirabilis nyctaginea
((hawkweed, mouseear Hieracium pilosella))
hawkweed, yellow devil Hieracium floribundum
hogweed, giant Heracleum mantegazzianum
hydrilla Hydrilla verticillata
johnsongrass Sorghum halepense
knapweed, bighead Centaurea macrocephala
knapweed, Vochin Centaurea nigrescens
lawnweed Soliva sessilis
((mallow, Venice Hibiscus trionum))
nightshade, silverleaf Solanum elaeagnifolium
peganum Peganum harmala
sage, clary Salvia sclarea
sage, Mediterranean Salvia aethiopis
saltcedar Tamarix ramosissima
spurge, eggleaf Euphorbia oblongata
starthistle, purple Centaurea calcitrapa
thistle, Italian Carduus pycnocephalus
thistle, milk Silybum marianum
thistle, slenderflower Carduus tenuiflorus
((unicorn-plant Proboscidea louisianica))
velvetleaf Abutilon theophrasti
woad, dyers Isatis tinctoria




[Statutory Authority: Chapter 17.10 RCW. 97-24-051, 16-750-005, filed 11/26/97, effective 1/2/98. Statutory Authority: RCW 17.10.080. 96-06-030, 16-750-005, filed 2/29/96, effective 3/31/96. Statutory Authority: Chapter 17.10 RCW. 93-01-004, 16-750-005, filed 12/2/92, effective 1/2/93; 91-24-072, 16-750-005, filed 12/2/91, effective 1/2/92; 91-01-016, 16-750-005, filed 12/7/90, effective 1/7/91; 90-01-004, 16-750-005, filed 12/7/89, effective 1/7/90; 88-24-002 (Order 26, Resolution No. 26), 16-750-005, filed 11/29/88. Statutory Authority: RCW 17.10.080. 88-07-016 (Order 22, Resolution No. 22), 16-750-005, filed 3/7/88.]



AMENDATORY SECTION (Amending WSR 97-24-051, filed 11/26/97, effective 1/2/98)



WAC 16-750-011  State noxious weed list--Class B noxious weeds.



Name Will be a "Class B designate" in all

lands lying within:


(1) blackgrass

Alopecurus myosuroides
(a) regions 1,2,3,5,6,8,9,10
(b) Ferry, Stevens, Pend Oreille

counties of region 4

(c) Adams County of region 7.
(2) blueweed

Echium vulgare

(a) regions 1,2,3,4,5,6,8,9,10
(b) region 7 except for an area

starting at the Stevens County

line on SR 291 south to the SR

291 bridge over the Little

Spokane River, thence upstream

along the Little Spokane River to

the first Rutter Parkway Bridge;

thence south along the Rutter Parkway to the intersection of

Rutter Parkway and Indian Trail

Road; thence southerly along

Indian Trail Road to a point

three miles south (on section line

between sections 22 and 27,

T-26N, R-42E); thence due west

to a point intersecting the line

between Ranges 41 and 42; thence

north along this line to a point 1/4

mile south of Charles Road;

thence northwesterly parallel to

Charles Road to a point 1/4 miles

south of the intersection of

Charles Road and West Shore

Road; thence northerly along

West Shore Road to the Spokane

River (Long Lake); thence

southeasterly along the Spokane

River to the point of beginning.

(3) broom, Scotch

Cytisus scoparius

(a) regions 3,4,6,7,9,10.
(4) bryony, white

Bryonia alba

(a) regions 1,2,3,4,5,6,8,9
(b) region 7 except Whitman County
(c) Franklin County of region 10.
(5) bugloss, common

Anchusa officinalis

(a) regions 1,2,3,5,6,8,9,10
(b) region 4 except Stevens and

Spokane counties

(c) Lincoln, Adams, and Whitman

counties of region 7.

(6) bugloss, annual

Anchusa arvensis

(a) regions 1,2,3,4,5,6,8,9
(b) Lincoln and Adams counties
(c) Whitman County except ranges

43 through 46 East of Townships

16 through 20 North.

(7) ((fanwort

Cabomba caroliniana

(a) regions 1,2,3,4,5,6,7,9,10
(b) region 8 except T8N, R3W of

Cowlitz County.

(8))) camelthorn

Alhagi maurorum

(a) regions 1,2,3,4,5,7,8,9
(b) region 6 except those portions of

Sections 23,24,25, and 29 through

36, T16N, R27E, W.M. lying

outside Intercounty Weed District

No. 52 and except Sections 1

through 12, T15N, R27E, W.M.in

Grant County and except the area

west of Highway 17 and north of

Highway 26 in Adams County

(c) Franklin, Columbia, Garfield, and

Asotin counties of region 10

(d)

an area beginning at the

Washington -- Oregon border at

the southwest portion of section

5, R32E, T6N, then north to the

northwest corner of section 3,

R32E, T7N, then east to the

northeast corner of section 3,

R36E, T7N, then south to

southeast portion of section 15,

R36E, T6N, at the Washington --

Oregon border, then west along

the Washington -- Oregon border

to the point of beginning.

(8) carrot, wild

Daucus carota

(a) regions 3,7,10 (except where intentionally cultivated)
(b) Spokane and Ferry counties of region 4 (except where intentionally cultivated)
(c) region 6, except Yakima County (except where intentionally cultivated)
(d) region 9, except Yakima County (except where intentionally cultivated).
(9) catsear, common

Hypochaeris radicata

(a) regions 3,4,6,7,10
(b) region 9 except Klickitat County.
(10) Chervil, wild

Anthriscus sylvestris

(a) regions 1,2,3,4,6,7,8,9,10
(b) region 5 except those portions of Thurston County within T 15, 16, 17N, R2, 3, 4W.
(((10)))

(11) cinquefoil, sulfur

Potentilla recta

(a) regions 1,3,8,10
(b) region 2 except Skagit County
(c) region 4 except Stevens, Ferry,

and Pend Oreille counties

(d) region 5 except Thurston County
(e) region 6 except Yakima County
(f) region 7 except Spokane County
(g) region 8 except Lewis County
(h) region 9 except Klickitat County.
(((11)))

(12) Cordgrass, smooth

Spartina alterniflora

(a) regions 1,3,4,5,6,7,9,10
(b) region 2 except Padilla Bay of

Skagit County

(c) region 8 except bays and estuaries

of Pacific County.

(((12)))

(13) cordgrass, common

Spartina anglica

(a) regions 1,3,4,5,6,7,8,9,10
(b) region 2 except bays and estuaries

of Skagit and Island counties and

except bays and estuaries north of

Everett in Snohomish County.

(((13)))

(14) daisy, oxeye

Leucanthemum vulgare

(a) regions 7,10
(b) region 9 except those areas lying

within Klickitat and Yakima

counties west of Range 13 East

(c) region 6 except those areas lying

within Yakima and Kittitas

counties west of Range 13 E.

(((14) deadnettle, hybrid

Lamium hybridum

(a) regions 1,3,4,5,6,7,8,9,10
(b) region 2 except Skagit County.))
(15) elodea, Brazilian

Egeria densa

(a) regions 3,4,6,7,9,10
(b) Lewis County of region 8.
(16) fanwort

Cabomba caroliniana

(a) regions 1,2,3,4,5,6,7,9,10
(b) region 8 except T8N, R3W of Cowlitz County.
(((16)))

(17) fieldcress, Austrian

Rorippa austriaca

(a) regions 1,2,3,4,5,6,8,9
(b)

regions 7 and 10 except within the

Palouse River Canyon from Big

Palouse Falls to the Snake River.

(((17)))

(18) gorse

Ulex europaeus

(a) regions 3,4,6,7,9,10
(b) Skagit ((County)) and Whatcom counties of region 2
(c) Thurston ((and)), Pierce, and King counties of region 5
(d) Wahkiakum, Cowlitz, and Lewis

counties of region 8.

(19) hawkweed, mouseear

Hieracium pilosella

(a) regions 1,2,3,4,6,7,8,9,10
(b) region 5 except Thurston County
(c) Thurston County lying within T17N, R1W, S31; T16N, R2W, S30 W1/2; T16N, R3W, S25, SE1/4; T16N, R3W, S36, N1/2; T16N, R2W, S31, NW1/4.
(((18)))

(20) hawkweed, orange

Hieracium aurantiacum

(a) regions 3,6,9,10
(b) Clallam County of region 1
(c) Skagit County of region 2
(d) Ferry County of region 4
(e) Thurston and King counties of

region 5

(f) Lincoln and Adams counties

of region 7.

(((19)))

(21) hawkweed, polar

Hieracium atratum

(a) regions 1,2,3,4,6,7,8,9,10
(b) region 5 outside the boundaries

of Mt. Rainier National Park.

(((20)))

(22) hawkweed, smooth

Hieracium laevigatum

(a) regions 1,2,3,5,6,7,8,9,10
(b) San Juan and Island counties of

region 2.

(((21)))

(23) hawkweed, yellow

Hieracium caespitosum

(a) regions 1,2,3,5,6,7,8,10
(b) region 4 except north of T32N in

Pend Oreille County and east

Highway 395 and north of

Highway 20 in Stevens County

(c) region 9 except sections 32, 33

and 34 of T6N, R12E, and

sections 4, 5, 6, and 7 of T5N,

R12E, and section 12 of T5N,

R11E, of Klickitat County.

(((22)))

(24) hedgeparsley

Torilis arvensis

(a) regions 1,2,3,4,5,6,7,8,10
(b) Yakima, Benton, Franklin counties
(c) Klickitat County except those

lands lying within T4N, R10E,

R11E, R12E, R13E, R14E; T3N,

R10E, R11E, R12E, R13E; T2N,

R12E, R13E.

(25) helmet, policeman's

Impatiens glandulifera

(a) regions 1,3,4,6,7,8,9,10
(b) region 2 except Whatcom County
(c) region 5 except Pierce County.
(((23)))

(26) herb-Robert

Geranium robertianum

(a) regions 3,4,6,7,((8,))9,10
(((b) Clallam County of region 1
(c) Whatcom, San Juan, and Island

counties of region 2

(d) Grays Harbor, Mason and Kitsap

counties of region 5

(e) portions of King County lying in:
(i) Issaquah Alps: T24N,

R5E, sections 25, 26, 35,

and 36; T24N, R6E, sections

30 and 31; T23N, R6E,

sections 4, 5, 6 (north 1/2

and west of SR900), 9, and

10 (north 1/2); T23N, R8E,

sections 8 (SW 1/4 SW 1/4),

17, 18 (eastern half), 20, 21

(western half), 28, and 29

(eastern half).

(ii) Tradition Plateau area:

T24N, R6E, sections 26

(south of I-90, east of E.

Sunset Way), and 35)).

(((24)))

(27) indigobush

Amorpha fruticosa

(a) regions 1,2,3,4,5,6
(b) regions 7 and 10 except within

200 feet of the Snake River from

Central Ferry downstream

(c) regions 8, 9, and 10 except within

200 feet of the Columbia River.

(((25)))

(28) knapweed, black

Centaurea nigra

(a) regions 1,2,3,4,5,7,9,10
(b) region 6 except Kittitas County
(c) region 8 except Clark County.
(((26)))

(29) knapweed, brown

Centaurea jacea

(a) regions 1,2,3,4,5,7,9,10
(b) region 6 except Kittitas County
(c) region 8 except Clark County.
(((27)))

(30) knapweed, diffuse

Centaurea diffusa

(a) regions 1,2,5,8
(b) Grant County lying in Townships

13 through 16 North, Ranges 25

through 27 East; Townships 17

and 18 N., Ranges 25 through 30

East; Townships 19 and 20 North,

Ranges 29 and 30 East; T21N,

R23E, Sections 1 through 30;

T21N, R26E., Sections 5,6,7,8,17,

and 18; East 1/2 Township 21N,

Range 27E.; T21N, Ranges 28

through 30 E; those portions of

Townships 22 through 28N,

Ranges 28 through 30 E.; those

portions of Township 22 through

28N., Ranges 23 through 30E.

lying in Grant County; all W.M.

(c)

Adams County except those areas

within T15N, R36E, Section 36;

T15N, R37E, Sections

22,26,27,28,31,32,33 and 34;

T15N, R37E, western half of

Sections 23, 24 and 25; T15N,

R38E, Sections 2,10, 11,14,15,19

and 20; T16N, R38E, Sections 34

and 35; T17N, R37E , Sections 5

and 6

(d) Franklin County of regions 9 and

10.

(((28)))

(31) knapweed, meadow

Centaurea jacea x nigra

(a) regions 1,2,3,4,5,7,9,10
(b) region 6 except Kittitas County
(c) region 8 except Clark County.
(((29)))

(32) knapweed, Russian

Acroptilon repens

(a) regions 1,2,5,7,8
(b) region 4 except that area lying

within the boundaries of the

Colville Indian Reservation within

Ferry County

(c) Adams County of region 6 except

for the area west of Highway 17

and North of Highway 26

(d) Intercounty Weed District No. 52
(e) region 10 except Franklin County.
(((30)))

(33) knapweed, spotted

Centaurea biebersteinii

(a) regions 1,2,3,5,6,8,9
(b) Ferry County of region 4
(c) Adams and Whitman counties of

region 7

(d) region 10 except Garfield County.
(((31)))

(34) kochia

kochia scoparia

(a) Skagit ((County)) and Whatcom counties of region 2
(b) Pend Oreille County of region 4
(c) King County of region 5
(((c)))

(d)



Kittitas County of region 6.
(((32)))

(35) lepyrodiclis

Lepyrodiclis holosteoides

(a) regions 1,2,3,4,5,6,8,9,10
(b) region 7 except an area within

Whitman County east of the

Pullman -- Wawawai Road from

Wawawai to Pullman and south

of State Highway 270 from

Pullman to Moscow, Idaho.

(((33)))

(36) loosestrife, garden

Lysimachia vulgaris

(a) regions 1,2,3,4,6,7,8,9,10
(b) region 5 except King County
(c) Those portions of King County lying north of I-90 and east of the line extending from SR522 to SR202 to E. Lake Sammamish Parkway; west of I-5 including Vashon Island; south of I-90 and east and south of I-405 to the county line.
(((34)))

(37) loosestrife, purple

Lythrum salicaria

(a) regions 1,4,7,8
(b) region 2 except Snohomish

County

(c)

region 3 except within 100 feet of

the ordinary highwater mark of

the Okanogan River from the

Canadian border south to

Riverside

(((d) region 5 except the area west of the Urban Growth Line, as

defined in the King County

Comprehensive Plan, and south

of I-90, but not including Vashon

Island, of King County))

(d) Grays Harbor, Mason, Kitsap, and Thurston counties of region 5
(e) Those portions of King County lying north of I-90 and east of the line extending from SR522 to SR202 to E. Lake Sammamish Parkway; west of I-5 including Vashon Island; south of I-90 and east and south of I-405 to the county line
(f) Pierce County, except those areas lying within T2D, 21, 22N, R1W and R1E, all sections
(((e)))

(g)

region 6 except that portion of

Grant County lying northerly of the Frenchmen Hills-O'Sullivan

Dam Road, southerly of Highway

Interstate 90, easterly of the section line of the location of

County Road J SW/NW if

constructed and westerly of the section line of the location of

County Road H SE/NE if

constructed

(((f)))

(h)

region 9 except Benton County
(((g)))

(i)

region 10 except Walla Walla

County

(((h)))

(j)

Intercounty Weed Districts No. 51

and No. 52.

(((35)))

(38) loosestrife, wand

Lythrum virgatum

(a) regions 1,4,7,8
(b) region 2 except Snohomish County
(c) region 3 except within 100 feet of

the ordinary highwater mark of the

Okanogan River from the

Canadian border south to

Riverside

(d) region 5 except King County
(e) Those portions of King County lying north of I-90 and east of the line extending from SR522 to SR202 to E. Lake Sammamish Parkway; west of I-5 including Vashon Island; south of I-90 and east and south of I-405 to the county line
(((e)))

(f)

region 6 except that portion of

Grant County lying northerly of the Frenchmen Hills-O'Sullivan

Dam Road, southerly of Highway

Interstate 90, easterly of the

section line of the location of

County Road J SW/NW if

constructed and westerly of the

section line of the location of

County Road H SE/NE if

constructed

(((f)))

(g)

region 9 except Benton County
(((g)))

(h)

region 10 except Walla Walla

County

(((h)))

(i)

Intercounty Weed Districts No. 51

and No. 52.

(((36)))

(39) nutsedge, yellow

Cyperus esculentus

(a) regions 1,2,3,4,5,7,8
(b) region 6 except those areas lying

between State Highway 26 and

State Highway 28, and westerly of

Dodson Road in Grant County,

and except S 1/2, Sec. 2, T20N,

R25E., W.M.

(c) region 9 except:
(i) except those areas lying

within the following

boundary description within

Yakima County: Beginning

at the intersection of

Highway 12 and Parker

Heights Road and continuing

easterly to Konnowac Pass

Road follow said road north

to the intersection of

Konnowac Pass Road and

Nightingale Road. The

northern boundary shall be

the Roza Canal, continuing

from the established point at

Nightingale Road. The

boundaries will follow the

Roza Canal easterly to the

County Line Road. The east

boundaries will be the

Yakima/Benton County Line

from a point beginning at the

County Line and Highway 22

(near Byron) continuing

westerly along Highway 22

(to near the city of Mabton) to the intersection of

Highway 22 and the

Reservation Boundary

(Division Road) and

continuing north to the

Yakima River. Then it will

follow the river northwest to

the Wapato-Donald Road

continuing north along said

road to Highway 12 then

Highway 12 to Parker Heights Road.



(ii) an area lying southerly of

State Route 14 and within

T2N, Ranges 13 and 14 E of

Klickitat County

(d) region 10 except Walla Walla

County.

(((37)))

(40) oxtongue, hawkweed

Picris hieracioides

(a) regions 1,2,3,4,5,6,7,9,10
(b) region 8 except Skamania County.
(((38)))

(41) parrotfeather

Myriophyllum aquaticum

(a) regions 1,2,3,4,5,6,7,9,10
(b) region 8 except Clark, Cowlitz,

and Wahkiakum counties.

(((39)))

(42) pepperweed, perennial

Lepidium latifolium

(a) regions 1,2,3,4,5,7,8,10
(((b) Grant County lying northerly of

Township 21, North, W.M.))

(((c)))

(b)

Intercounty Weed Districts No. 51

and 52

(((d)))

(c)

Kittitas County of region 6
(((e)))

(d)

Adams County of region 6 except

for the area west of Highway 17

and north of Highway 26.

(((40)))

(43) puncturevine

Tribulus terrestris

(a) Skagit County of region 2
(b) Kittitas County of region 6
(c) Adams County.
(((41)))

(44) ragwort, tansy

Senecio jacobaea

(a) regions 3,4,6,7,9,10
(b) region 5, that portion of Pierce

County lying south or east of a

boundary beginning at the White

River and State Highway 410,

then west along State Highway

410 to intersection with State

Highway 162 (Orting) to

intersection with Orville Road,

then south along Orville Road to

intersection with Kapowsin

Highway (304th Street East), then

west following Kapowsin

Highway to intersection with

State Route 7, then south along

State Route 7 to intersection

with State Route 702, then west

along State Route 702 to

intersection with State Route 507,

then southwest along State Route

507 to intersection with the

Nisqually River.

(45) rocket, garden

Eruca Vesicaria ssp. sativa

(a) regions 1,2,3,4,5,6,7,8,9,10 (except where intentionally cultivated).
(((42)))

(46) sandbur, longspine

Cenchrus longispinus

(a) regions 1,2,3,4,5,7,8
(b) Adams County of region 6 except

for that area lying within

Intercounty Weed District No. 52

(c) Intercounty Weed District No. 51.
(((43)))

(47) skeletonweed, rush

Chondrilla juncea

(a) regions 1,2,3,5,8,9
(b) Franklin County except T13N,

R36E; and T14N, R36E

(c) Adams County except those areas

lying ((west)) east of a line running north from Franklin County along the western boundary of Range 36 East to State Highway 26 then north on Sage Road until it intersects Lee Road, then due north until intersection with Providence Road, then east to State Highway 261, then north along State Highway 261 to its intersection with Interstate 90, henceforth on a due north line to intersection with Bauman Road, then north along Bauman Road to its terminus, then due north to the Lincoln County line.

(d) region 6 except that portion lying

within Grant County that is

southerly of State Highway 28,

northerly of Interstate Highway 90

and easterly of Grant County Road

E Northwest

(e) Stevens County north of Township

33 North of region 4

(f) Ferry and Pend Oreille counties of

region 4

(g) Asotin County of region 10
(h) Garfield and Columbia counties

south of Highway 12

(i) Whitman County lying in Ranges

43 through 46 East of Townships

15 through 20 North; T14N,

Ranges 44 through 46 East; and

T13N, Ranges 45 and 46 East.

(48) Snapdragon, dwarf

Chaenorrhinum minus

(a) regions 1,2,3,5,6,8,9,10
(b) region 4 except Spokane County
(c) region 7 except Spokane County.
(((44)))

(49) sowthistle, perennial

Sonchus arvensis

ssp. arvensis

(a) regions 1,2,3,4,7,8,9,10
(b) Adams County of region 6
(c) region 5 except for sections 28,

29, 30, 31, 32, and 33 in T19N,

R1E of Thurston and Pierce

counties.

(((45)))

(50) spurge, leafy

Euphorbia esula

(a) regions 1,2,3,4,5,6,8,9,10
(b)



region 7 except as follows:
(i) T27N, R37E, Sections

34,35,36; T27N, R38E,

Sections 31,32,33; T26N,

R37E, Sections 1,2,3,10,

11,12,13,14,15,16,26; T26N,

R38E, Sections 5, 6,7,8 of

Lincoln County

(ii) T24N, R43E, Section 12, Qtr.

Section 3, Parcel No. 9068 of

Spokane County.

(((46)))

(51) starthistle, yellow

Centaurea solstitialis

(a) regions 1,2,3,5,6,8
(b) region 4 except those areas within

Stevens County bounded by a line

beginning at the intersection of

State Highway 20 and State

Highway 25, then north to

intersection with Pinkston Creek

Road, then east along Pinkston

Creek Road to intersection with

Highland Loop Road, then south

along Highland Loop Road to

intersection with State Highway

20, then west along State Highway

20 to intersection with State

Highway 25

(c) region 7 except those areas within

Whitman County lying south of

State Highway 26 from the Adams

County line to Colfax and south of

State Highway 195 from Colfax to

Pullman and south of State

Highway 270 from Pullman to the

Idaho border

(d) Franklin County
(e) region 9 except Klickitat County
(f) in all lands lying within Asotin

County, Region 10, except as

follows: T11N, R44E, Sections 25,

26, 27, 28, 29, 31, 32, 33, 34, and

35; T11N, R45E, Sections 21, 22,

23, and 25; T11N, R36E, Sections

19, 20, 21, 28, 29, 30, 31, 32, and

33; T10N, R44E, Sections 1, 2, 3,

4, 5, 6, 8, 9, 10, 11, 12, 15, and

16; T10N, R45E, Sections 23 and

24; T10N, R46E, Sections 7, 8,

17, 18, 19, 20, 21, 22, 27, 34, and

35; T9N, R46E, Sections 1, 2, 12,

13, 14, 23, 24, 25, 26, 35, and 36;

T9N, R47E, Sections 18, 19, 30,

and 31; T8N, R46E, Sections 1, 2,

3, 9, 10, 11, 12, 13, 14, 15, 16, 23,

and 24; T8N, R47E, Sections 8,

17, 18, 19, 20, 29, 30, 31, and 32.

(((47)))

(52) Swainsonpea

Sphaerophysa salsula

(a) regions 1,2,3,4,5,7,8
(b) Columbia, Garfield, Asotin, and

Franklin counties

(c) an area beginning at the

Washington -- Oregon border at

the southwest portion of Section

15, R32E, T6N, then north to the

northwest corner of Section 3,

R32E, T7N, then east to the

northeast corner of Section 3,

R36E, T7N, then south to the

southeast portion of Section 15,

R36E, T6N, at the Washington --Oregon border, then west along

the Washington-- Oregon border

to the point of beginning

(d) Weed District No. 3 of Grant

County

(e) Adams County of region 6.
(((48)))

(53) thistle, musk

Carduus nutans

(a) regions 1,2,3,5,6,7,8,9,10
(b) Spokane and Pend Oreille

counties.

(((49)))

(54) thistle, plumeless

Carduus acanthoides

(a) regions 1,2,3,5,6,7,8,9,10
(b) region 4 except those areas within

Stevens County lying north of

State Highway 20.

(((50)))

(55) thistle, Scotch

Onopordum acanthium

(a) regions 1,2,3,4,5,6,8,9
(b) region 7 except for those areas

within Whitman County lying

south of State Highway 26 from

the Adams County line to Colfax

and south of State Highway 195

from Colfax to Pullman and south

of State Highway 270 from

Pullman to the Idaho border

(c) Franklin County.
(((51)))

(56) toadflax, Dalmatian

Linaria dalmatica

ssp. dalmatica

(a) regions 1,2,5,8,10
(b) Douglas County of region 3 lying south of T25N, west of R25E, and east of R28E
(c) Okanogan County lying within T 33, 34, 35N, R19, 20, 21, 22E, except the southwest, southeast, and northeast quarters of the northeast quarter of section 27, T35N, R21E; and the northeast quarter of the southeast quarter of section 27, T35N, R21E
(((c)))

(d)

Kittitas, Chelan, Douglas, and

Adams counties of region 6

(((d)))

(e)

Intercounty Weed District No. 51
(((e)))

(f)

Weed District No. 3 of Grant

County

(((f)))

(g)

Lincoln and Adams counties
(((g)))

(h)

The western two miles of Spokane

County of region 7

(((h)))

(i)

region 9 except as follows:
(i) those areas lying within

Yakima County

(ii) those areas lying west of the

Klickitat River and within

Klickitat County.

(((52)))

(57) watermilfoil, Eurasian

Myriophyllum spicatum

(a) regions 1,9,10
(b) region 7 except Spokane County
(c) region 8 except within 200 feet of

the Columbia River

(d) Adams County of region 6
(e) in all water bodies of public

access, except the Pend Oreille

River, in Pend Oreille County of

region 4.





[Statutory Authority: Chapter 17.10 RCW. 97-24-051, 16-750-011, filed 11/26/97, effective 1/2/98; 97-06-108, 16-750-011, filed 3/5/97, effective 4/5/97. Statutory Authority: RCW 17.10.080. 96-06-030, 16-750-011, filed 2/29/96, effective 3/31/96. Statutory Authority: Chapter 17.10 RCW. 95-06-002, 16-750-011, filed 2/16/95, effective 3/19/95; 94-01-076, 16-750-011, filed 12/10/93, effective 1/10/94; 93-01-004, 16-750-011, filed 12/2/92, effective 1/2/93; 91-24-072, 16-750-011, filed 12/2/91, effective 1/2/92; 91-01-016, 16-750-011, filed 12/7/90, effective 1/7/91; 90-01-004, 16-750-011, filed 12/7/89, effective 1/7/90; 88-24-002 (Order 26, Resolution No. 26), 16-750-011, filed 11/29/88; 88-18-001 (Order 24, Resolution No. 24), 16-750-011, filed 8/25/88. Statutory Authority: RCW 17.10.080. 88-07-016 (Order 22, Resolution No. 22), 16-750-011, filed 3/7/88.]



AMENDATORY SECTION (Amending WSR 97-06-108, filed 3/5/97, effective 4/5/97)



WAC 16-750-015  State noxious weed list--Class C noxious weeds.



Common Name Scientific Name
babysbreath Gypsophila paniculata
bindweed, field Convolvulus arvensis
canarygrass, reed Phalaris arundinacea
((carrot, wild Daucus carota
chervil, wild Anthriscus sylvestris))
cockle, white Silene latifolia ssp. alba
cocklebur, spiny Xanthium spinosum
cress, hoary Cardaria draba
dodder, smoothseed alfalfa Cuscuta approximata
goatgrass, jointed Aegilops cylindrica
henbane, black Hyoscyamus niger
houndstongue Cynoglossum officinale
knotweed, giant Polygonum sachalinense
knotweed, Japanese Polygonum cuspidatum
mayweed, scentless Matricaria perforata
((mullein, common Verbascum thapsus
nightshade, bitter Solanum dulcamara))
poison-hemlock Conium maculatum
((rocket, garden Eruca vesicaria ssp. sativa))
rye, cereal Secale cereale
((saltcedar Tamarix species
snapdragon, dwarf Chaenorrhinum minus))
spikeweed Hemizonia pungens
St. Johnswort, common Hypericum perforatum
tansy, common Tanacetum vulgare
toadflax, yellow Linaria vulgaris
((thistle, bull Cirsium vulgare))
thistle, Canada Cirsium arvense
whitetop, hairy Cardaria pubescens
wormwood, absinth Artemisia absinthium



[Statutory Authority: Chapter 17.10 RCW. 97-06-108, 16-750-015, filed 3/5/97, effective 4/5/97. Statutory Authority: RCW 17.10.080. 96-06-030, 16-750-015, filed 2/29/96, effective 3/31/96. Statutory Authority: Chapter 17.10 RCW. 95-06-002, 16-750-015, filed 2/16/95, effective 3/19/95; 94-01-076, 16-750-015, filed 12/10/93, effective 1/10/94; 93-01-004, 16-750-015, filed 12/2/92, effective 1/2/93; 91-24-072, 16-750-015, filed 12/2/91, effective 1/2/92; 91-01-016, 16-750-015, filed 12/7/90, effective 1/7/91; 90-01-004, 16-750-015, filed 12/7/89, effective 1/7/90; 88-24-002 (Order 26, Resolution No. 26), 16-750-015, filed 11/29/88. Statutory Authority: RCW 17.10.080. 88-07-016 (Order 22, Resolution No. 22), 16-750-015, filed 3/7/88.]



AMENDATORY SECTION (Amending WSR 93-01-004, filed 12/2/92, effective 1/2/93)



WAC 16-750-110  State noxious weed control board--Mission. The mission of the board is to serve as responsible stewards ((of the land and resources)) of Washington by protecting and preserving the ((agricultural)) land((s)) and ((natural)) resources ((of the state)) from the degrading impact of ((exotic, invasive)) noxious weeds.

The board believes that prevention is the best approach and may be achieved through full implementation of the intent of the state noxious weed law. To further that, the board strives for enhanced public awareness through improved educational efforts.

The board does not deal directly in control activities but rather works to achieve this end through others. For that reason, the board seeks to improve communication, gain cooperation, and improve coordination of the efforts for noxious weed control.

The board believes noxious weed control is best carried out by strong, adequately funded programs at the local level. To achieve this, the board strives to build public support for local programs and to empower those programs to be more successful.



[Statutory Authority: Chapter 17.10 RCW. 93-01-004, 16-750-110, filed 12/2/92, effective 1/2/93.]

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