Subject of Possible Rule Making: To place additional aquatic weed species on the existing aquatic weed quarantine list, WAC 16-752-500 through 16-752-590 Noxious weed control/wetland and aquatic weed quarantine, and to review and update provisions of this rule.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 17.10 and 17.24 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amendment of the existing wetland and aquatic weed quarantine rule was requested by the Washington State Noxious Weed Control Board. Aquatic weeds can be extremely invasive and have an economically significant impact. Aquatic noxious weeds are considered particularly urgent problems, as escapes almost immediately become a public responsibility, and there are few (sometimes no) tools to control them. The quarantine of additional aquatic weeds is intended to prevent the introduction of these species in this state.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United State Department of Agriculture (USDA) APHIS regulates a few species under the federal noxious weed regulations. However, the federal list is mainly intended to apply to international shipment, and the federal agency is not usually active in interstate or intrastate noxious weed regulation. The state office of USDA will be notified. The Washington State Noxious Weed Control Board establishes the state noxious weed list under authority of RCW 17.10. It requested this change in Washington State Department of Agriculture quarantine to complement its own and the county noxious weed boards' efforts. Washington Departments of Ecology and Fish and Wildlife have related, but different authorities, have indicated preliminary support, and will be included in the process.

Process for Developing New Rule: The Washington State Noxious Weed Control Board has requested the changes to this rule. Representatives of the Washington State Department of Agriculture discuss options for specific provisions of the proposal with the board, other affected agencies, and stakeholders such as the Nursery Advisory Board, and then publish the rule proposal.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mary A. Martin Toohey, Assistant Director, Washington State Department of Agriculture, Laboratory Services Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094; and/or Lisa Lantz, Executive Director, Washington State Noxious Weed Control Board, 1851 South Central Place, Suite 211, Kent, WA 98031-7507, phone (253) 872-2972, fax (253) 872-6320.

August 18, 1999

Mary A. Martin Toohey

Assistant Director