WSR 02-09-098

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed April 17, 2002, 11:34 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-05-089.

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

Purpose: Amendment of existing rule to add a single species of nonnative, highly invasive plant to the quarantine list of species forbidden from sale or distribution in the state.

Statutory Authority for Adoption: Chapters 17.24, 17.10, 15.13 RCW.

Statute Being Implemented: Chapters 17.24, 17.10, 15.13 RCW.

Summary: Amendment of the existing noxious weed seed and plant quarantine rule to add kudzu to the list of species forbidden from sale or distribution in the state was requested by the Washington State Noxious Weed Control Board and the Washington State Weed Coordinators Association. The quarantine is intended to aid in prevention of kudzu introduction and spread in this state.

Reasons Supporting Proposal: Kudzu, Pueraria montana var.lobata, is an extremely invasive woody vine weed species that has caused severe economic and environmental problems in the southeastern United States. In August 2001, a small, rapidly growing infestation was discovered and eradicated in Clark County, demonstrating it can survive in this state.

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 Weed Coordinators Association, Washington State Noxious Weed Control Board, private and governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: A very small infestation of kudzu, a nonnative, highly invasive weedy vine, was found in Clark County in August 2001. The infestation was eradicated, but it persisted long enough to demonstrate that this species, which has caused economic and environmental devastation in the southeastern United States, is capable of long-term survival in Washington state. Oregon is currently attempting to eradicate several infestations. The proposed amendment to the rule would add kudzu to the existing list of plant species forbidden from sale or distribution in this state. This would aid in preventing the establishment of a highly undesirable species, preventing harm to native species, alteration of ecosystems, and economic harm to agricultural and nursery industries and to maintained landscapes.

Proposal Changes the Following Existing Rules: The proposal adds one highly invasive, nonnative plant species, kudzu, to the existing list of quarantine species which are forbidden from sale or distribution in this state.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Kudzu, the sole species proposed for addition to the quarantine list, has been eradicated from the state and currently is not known to be distributed or offered for sale into this state. The effect of amending the rule is protection of the state's economic and environmental well-being from an extremely invasive, nonnative pest. No small businesses are likely to experience negative economic effects from this action, as none are known to offer kudzu for sale at this time. The rule would constitute a net benefit to the economy of the state by protecting its environment from a pest that is extremely costly to control or eradicate.

RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency.

Hearing Location: Natural Resources Building, 1111 Washington Street, 2nd Floor, Conference Room 259, Olympia, WA 98504, on May 23, 2002, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Jodi Jones by May 15, 2002, TDD (360) 902-1996, or (360) 902-1806.

Submit Written Comments to: Mary Toohey, Assistant Director, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504, e-mail mtoohey@agr.wa.gov, fax (360) 902-2053, by close of business May 23, 2002.

Date of Intended Adoption: May 29, 2002.

April 17, 2002

Mary A. Martin Toohey

Assistant Director

OTS-5555.1


AMENDATORY SECTION(Amending WSR 00-24-021, filed 11/28/00, effective 12/29/00)

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 biebersteinii spotted knapweed
Centaurea macrocephala bighead knapweed
Centaurea nigra black knapweed
Centaurea nigrescens Vochin knapweed
Chaenorrhinum minus dwarf snapdragon
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
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 dalmatica spp.dalmatica Dalmatian toadflax
Mirabilis nyctaginea wild four o'clock, umbrella-wort
Onopordum acanthium Scotch thistle
Proboscidea louisianica unicorn-plant
Pueraria montana var. lobata kudzu
Salvia aethiopis 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 17.24, 17.10 RCW. 00-24-021, 16-752-610, filed 11/28/00, effective 12/29/00; 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.]

Washington State Code Reviser's Office