WSR 00-19-102

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed September 20, 2000, 11:33 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-17-104.

Title of Rule: Rules relating to noxious weed seed and plant quarantine, chapter 16-752 WAC.

Purpose: Amendment of existing rule to add species to the list of invasive, nonnative weed seed and plant species that are prohibited from distribution into or within the state. Also, clarification and update of rule language and taxonomy.

Statutory Authority for Adoption: Chapter 17.24 RCW, RCW 17.10.074 (1)(c).

Statute Being Implemented: Chapters 17.24, 17.10 RCW.

Summary: The amendments would add twenty-four invasive, nonnative weed species to the list of species that are prohibited from distribution, transportation, sale, purchase, or offer for sale in this state, as seed, living plants, or plant parts. All of the proposed additional species are classified as noxious weeds in chapter 16-750 WAC and growing them is already forbidden in this state.

Reasons Supporting Proposal: These twenty-four species are highly invasive, nonnative plants that, if allowed to establish breeding populations, would threaten agricultural crops, environmental quality and natural resources in this state. Their presence is already subject to mandatory control measures under authority of chapter 17.10 RCW. The proposal brings the quarantine list (composed of species that are prohibited in channels of trade) into greater concurrence with the noxious weed list (species which must be controlled).

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Tom Wessels, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1984.

Name of Proponent: Washington State Noxious Weed Control Board and Washington State Weed Coordinators Association, public and governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The existing rule forbids distribution, sale, transportation, and other movement in channels of trade of thirty-two highly invasive, nonnative plants classified as noxious weeds. This is necessary to prevent or minimize introduction of these plants through the nursery or seed trade, as the cost of control or eradication would be significant, both to landowners and to local/state agencies. The amendments are intended to add another twenty-four species of equal or greater undesirability to the list. The anticipated result is exclusion and prevention of establishment of these noxious weed species.

Proposal Changes the Following Existing Rules: Proposal adds twenty-four new plant species to the list of species that are prohibited from distribution as whole plants, plant parts or seed. These additional species are all classified as noxious weeds in chapter 16-750 WAC, meaning that they cannot be grown in this state and that, if found, they are subject to levels of mandatory control measures as authorized by chapter 17.10 RCW. Twenty of these weeds are classified as Class A noxious weeds. Three of the others are Class B noxious weeds of such limited distribution that eradication from the state is still a possibility. The remaining one is not only a Class B noxious weed, but also a hybrid of two species already listed in WAC 16-752-610. In addition, clarifications and updates of format and taxonomic terminology are proposed.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule change is a net financial benefit to the state and offers negligible (if any) net loss to the affected industries. This rule change is intended to exclude or minimize introduction of twenty-four invasive, nonnative plant species which are potentially extremely costly to the environmental quality and agricultural industry of the state. This rule proposal is a companion to the existing noxious weed statute and rules. Its effect would be the prohibition of sale and distribution of species that already cannot legally be grown in this state. If any of these plant species are found growing in this state, they are subject to control and eradication efforts that are costly to both landowners and county/state agencies. The rule provisions present negligible cost to the seed, nursery and allied industries, as they have no legitimate market for species which their customers are forbidden to grow. If these weeds are allowed to become established or to increase in this state, the immediate cost of dealing with the infestations would far outweigh the cost of implementing this rule proposal.

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, Room 271, Olympia, WA 98504-2560, on November 8, 2000, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Lou Jones by November 1, 2000, TDD (360) 902-1996, or (360) 902-1806.

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 November 8, 2000.

Date of Intended Adoption: November 15, 2000.

September 20, 2000

Mary A. Martin Toohey

Assistant Director


AMENDATORY SECTION(Amending WSR 92-07-025, filed 3/10/92, effective 4/10/92)

WAC 16-752-600
Establishing the noxious weed seed and plant quarantine.

Washington agriculture, environmental quality and natural resources 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 is necessary to protect Washington agriculture and natural resources and prevent public and private costs of control.

Note: For rules prescribing the limits of prohibited and restricted noxious weed seeds as contaminants in certified seed, see WAC 16-300-010 through 16-300-025.

[Statutory Authority: Chapters 17.10 and 17.24 RCW. 92-07-025, 16-752-600, filed 3/10/92, effective 4/10/92.]


AMENDATORY SECTION(Amending WSR 98-13-008, filed 6/4/98, effective 7/5/98)

WAC 16-752-610
Noxious weed seed and plant quarantine -- Regulated articles.

All plants, plant parts, and seeds in packets, blends, and "wildflower mixes" of the following listed species are regulated under the terms of this noxious weed seed and plant quarantine:


Scientific Name Common Names
Abutilon theophrasti velvetleaf
Alliaria petiolata garlic mustard
Amorpha fruticosa indigobush, lead plant
Anchusa officinalis common bugloss, alkanet, anchusa
Anthriscus sylvestris wild chervil
Carduus acanthoides plumeless thistle
Carduus nutans musk thistle, nodding thistle
Carduus pycnocephalus Italian thistle
Carduus tenuiflorus slenderflower thistle
Centaurea calcitrapa purple starthistle
Centaurea diffusa diffuse knapweed
Centaurea jacea brown knapweed, rayed knapweed, brown centaury horse-knobs, hardheads
Centaurea jacea x nigra meadow knapweed
Centaurea ((maculosa)) biebersteinii spotted knapweed
Centaurea macrocephala bighead knapweed
Centaurea nigra black knapweed
Centaurea nigrescens Vochin knapweed
Chaenorrhinum minus dwarf snapdragon
((Chrysanthemum leucanthemum)) ((oxeye daisy, white daisy, whiteweed, field daisy, marguerite, poorland flower))
Crupina vulgaris common crupina
Cytisus scoparius Scotch broom
Daucus carota wild carrot, Queen Anne's lace
Echium vulgare blueweed, blue thistle, blue devil, viper's bugloss, snake flower
Euphorbia esula leafy spurge
Euphorbia oblongata eggleaf spurge
Galega officinalis goatsrue
Helianthus ciliaris Texas blueweed
Heracleum mantegazzianum giant hogweed, giant cow parsnip
Hibiscus trionum Venice mallow, flower-of-an-hour, bladder ketmia, modesty, shoo-fly
Hieracium aurantiacum orange hawkweed, orange paintbrush, red daisy flameweed, devil's weed, grim-the-collier
Hieracium caespitosum yellow hawkweed, yellow paintbrush, devil's paintbrush, yellow devil, field hawkweed, king devil
Hieracium floribundum yellow devil hawkweed
Hieracium pilosella mouseear hawkweed
((Hieracium pratense)) ((yellow hawkweed, yellow paintbrush, devil's paintbrush, yellow devil, field hawkweed, king devil))
Impatiens glandulifera policeman's helmet
Isatis tinctoria dyers' woad
Kochia scoparia kochia, summer-cyprus, burning-bush, fireball, Mexican fireweed
Lepidium latifolium perennial pepperweed
Leucanthemum vulgare oxeye daisy, white daisy, whiteweed, field daisy, marguerite, poorland flower
Linaria ((genistifolia)) dalmatica spp.dalmatica Dalmatian toadflax
((Lepidium latifolium)) ((perennial pepperweed))
Mirabilis nyctaginea wild four o'clock, umbrella-wort
Onopordum acanthium Scotch thistle
Proboscidea louisianica unicorn-plant
Salvia aethiop((s))is Mediterranean sage
Salvia pratensis meadow clary
Salvia sclarea clary sage
Senecio jacobaea tansy ragwort
Silybum marianum milk thistle
Solanum elaeagnifolium silverleaf nightshade
Solanum rostratum buffaloburr
Soliva sessilis lawnweed
Sorghum halepense johnsongrass
Spartium junceum Spanish broom
Tamarix ramosissima saltcedar
Thymelaea passerina spurge flax
Torilis arvensis hedgeparsley
Ulex europaeus gorse, furze
Zygophyllum fabago Syrian bean-caper

[Statutory Authority: Chapters 17.10 and 17.24 RCW. 98-13-008, 16-752-610, filed 6/4/98, effective 7/5/98. Statutory Authority: Chapters 17.10 and 17.24 RCW. 92-07-025, 16-752-610, filed 3/10/92, effective 4/10/92.]


AMENDATORY SECTION(Amending WSR 92-07-025, filed 3/10/92, effective 4/10/92)

WAC 16-752-630
Noxious weed seed and plant quarantine -- Exceptions.

The prohibition on transporting of plants and plant parts established in WAC 16-752-620 ((shall)) does not apply to plants or plant parts collected for herbariums, research in control methods, creation of pressed specimens, or for educational or identification purposes and other scientific activities, as long as((: Provided, That)) all such activities ((requiring live plants)) are conducted in such a manner as to prevent infestation. In addition, plants or plant parts may be transported, as a part of a noxious weed control activity, to a sanitary landfill, to be burned, or otherwise for disposal((ition)) under the supervision of a noxious weed control agency.

[Statutory Authority: Chapters 17.10 and 17.24 RCW. 92-07-025, 16-752-630, filed 3/10/92, effective 4/10/92.]


AMENDATORY SECTION(Amending WSR 92-07-025, filed 3/10/92, effective 4/10/92)

WAC 16-752-650
Noxious weed seed and plant quarantine -- Disposal((ition)) of regulated articles.

Any plants, plant parts, or seed packets transported, bought, sold, or offered for sale in violation of ((this noxious weed quarantine shall be)) WAC 16-752-600 through WAC 16-752-650 are subject to destruction or shipment out-of-state or other disposition in a manner prescribed by the director to prevent infestation. Any such action ((shall)) will be at the expense of the owner or the owner's agent and without compensation.

[Statutory Authority: Chapters 17.10 and 17.24 RCW. 92-07-025, 16-752-650, filed 3/10/92, effective 4/10/92.]

Washington State Code Reviser's Office