PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-11-100.
Title of Rule: Purple nutsedge quarantine.
Purpose: Exclusion and elimination of purple nutsedge, a highly invasive noxious weed not known to occur in this state, for purposes of protection of the state's environmental quality and agricultural productivity.
Statutory Authority for Adoption: Chapters 17.24, 15.13 RCW, RCW 17.10.074 (1)(c).
Statute Being Implemented: Chapters 17.24, 17.10, 15.13 RCW.
Summary: The rule would adopt a quarantine to prevent establishment of purple nutsedge in this state. It requires inspection and certification at the point of origin for out-of-state shipments of nursery and nursery-related products from areas known to be infested with the weed. It forbids planing or propagation purple nutsedge, allows for certain permits and provides for its disposal, if found.
Reasons Supporting Proposal: Establishment of purple nutsedge in this state would have severe consequences for the environmental quality and agricultural viability of the state, as it has had for many states into which it has already been introduced. It would be particularly unfortunate for the state's nursery industry, which is why the Nursery Advisory Committee, composed of representatives of that industry, supported the proposal. Purple nutsedge has been intercepted at least twice in shipments destined for this state.
Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Thomas Wessels, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1984.
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: Purple nutsedge is a noxious weed that does not currently occur in this state, but which would probably quickly develop infestations if introduced. It has been extremely costly to the agricultural industry and general environmental quality of any area of the United States into which it has been introduced. The purpose of this rule is protection of the state's resources by preventing the introduction, establishment, or spread of purple nutsedge.
The rule would require inspection at the source and certification as free from purple nutsedge of shipments of nursery related items (plants, soil, sod, etc.) from areas where purple nutsedge is known to occur. Interstate phytosanitary inspection for prohibited pests is a standard practice amoung the states. It would also prohibit introduction of the plant, either as a weed or deliberately, into the state. The rule provides for disposition of contaminated shipments and permits to address unusual situations.
From this rule, we anticipate a higher degree of certainty that purple nutsedge will not become established and that this state will be able to avoid the negative effects of infestation.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal is intended to exclude and eliminate purple nutsedge, a nonnative, highly invasive noxious weed which is potentially extremely costly to the environmental quality and agricultural industry of the state. Purple nutsedge is not currently known to occur anywhere in the state. The provisions of this proposal would present negligible cost to the nursery and allied industries, as most out of state shipments of nursery and related stock from the proposed areas under quarantine are already under inspection requirement for Japanese beetle and other pest species. If the weed were to become established in this state, the immediate cost to the Washington nursery and allied industries of dealing with infestation by purple nutsedge and of resulting loss of markets in countries and states trying to prevent the weed from spreading into their jurisdictions would far exceed the cost of implementing the rule proposal. The economic benefits to the agricultural industry and general public of the state from exclusion of this weed enormously outweigh any possible negative impacts of the rule.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.
Hearing Location: Washington State Department of Agriculture, 1111 Washington Street, 2nd Floor, Conference Room 259, Olympia, WA, on December 16, 1999, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Mary Frazee by December 9, 1999, TDD (360) 902-1996, or (360) 902-1976.
Submit Written Comments to: Mary Toohey, Assistant Director, Washington State Department of Agriculture, Lab Services Division, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2094, by December 16, 1999.
Date of Intended Adoption: December 29, 1999.
November 3, 1999
Mary A. Martin Toohey
Assistant Director
OTS-3536.1
PURPLE NUTSEDGE QUARANTINE
NEW SECTION
WAC 16-752-700
Establishing quarantine for purple nutsedge.
Purple nutsedge (Cyperus rotundus) is a highly invasive, herbaceous perennial and is commonly considered one of the most serious noxious weeds in agronomic crops in the world. Purple nutsedge propagates by seed, rhizomes, bulbs and nutlets. Soil containing nutlets is the primary mode by which purple nutsedge spreads. The establishment of purple nutsedge in Washington would cause reduction in native vegetation and great economic loss to the agricultural industries of the state. The director of agriculture, pursuant to authorities in chapter 17.24 RCW, RCW 17.10.074 (1)(c) and chapter 15.13 RCW, has determined that the regulation and exclusion of purple nutsedge and its parts, seeds, rhizomes, bulbs and nutlets is necessary to protect the environmental quality and agricultural crops of the state of Washington.
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(1) All plants or plant parts, including seeds and propagules, of purple nutsedge (Cyperus rotundus).
(2) Any of the following articles entering the state of Washington from the states of Alabama, Arizona, Arkansas, California, Delaware, Florida, Georgia, Hawaii, Kentucky, Louisiana, Maryland, Minnesota, Mississippi, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas and Virginia, the territories of Puerto Rico and the Virgin Islands, and any other state, territory or district of the United States where purple nutsedge is found are regulated under this quarantine as hosts or possible carriers of purple nutsedge:
(a) All plants with roots, including planting medium and containers, except house plants;
(b) Soil, humus, compost or manure, except for commercially packaged products;
(c) Sod;
(d) Plant crowns, tubers or roots for propagation; and
(e) Any other article or means of conveyance, when it is determined by the department to present a hazard of spreading live purple nutsedge due to infestation or exposure to infestation.
(3) Shipment of the regulated articles described in subsection (2) of this section into or within the state of Washington must be accompanied by a certificate of inspection issued by an authorized state or federal regulatory authority from the state or entity of origin. The certificate of inspection must certify that the regulated article(s) has been inspected and found free of purple nutsedge and its plant parts, seeds, rhizomes, bulbs and nutlets.
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(1) Except under the terms of a compliance agreement with the department, the movement into or within the state of Washington of the following is prohibited:
(a) All purple nutsedge plants and purple nutsedge plant parts, including seeds and propagules; and
(b) Soil, humus, compost, bark, sawdust, ground wood products or manure contaminated with purple nutsedge seed, rhizomes, bulbs or nutlets.
(2) Planting or propagation of purple nutsedge is prohibited.
(3) Shipment of any of the regulated articles described in WAC 16-752-705(2) into or within the state of Washington without a certificate of inspection issued in accordance with WAC 16-752-705(3) is prohibited.
(4) The department may issue permits allowing actions otherwise prohibited under this section subject to the department's conditions and provisions necessary to prevent the introduction, escape or spread of purple nutsedge as prescribed in the permits.
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Any regulated articles that are in violation of this purple nutsedge quarantine are subject to destruction, shipment out-of-state or other disposition in a manner prescribed by the department. Any such action will be at the expense of the owner or owner's agent and without compensation.
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