WSR 05-17-206



[ Filed August 24, 2005, 11:34 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-13-167.

Title of Rule and Other Identifying Information: This proposal amends WAC 16-752-505 Wetland and aquatic weed quarantine -- Regulated articles, by adding Glyceria maxima to the list of aquatic plants prohibited from sale in Washington state.

Hearing Location(s): Washington State Department of Agriculture, 1111 Washington Street S.E., Natural Resources Building, 2nd Floor, Conference Room 205, Olympia, WA 98504-2560, on September 27, 2005, at 10:00 a.m.

Date of Intended Adoption: October 11, 2005.

Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail, fax (360) 902-2094, by September 27, 2005.

Assistance for Persons with Disabilities: Contact Henri Gonzales by September 20, 2005, TTY (360) 902-2061.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal adds Glyceria maxima to the current wetland and aquatic weed quarantine (WAC 16-752-505). The purpose of enacting this and other quarantines is to prevent the establishment and spread of harmful nonnative species. Once established, they can have a serious impact on Washington's natural resources by displacing native species, altering habitat, reducing recreational use of waterways, and impacting agricultural production.

Reasons Supporting Proposal: The intrusion into this state of nonnative, invasive weed species continues to be a concern. The spread of these weeds presents a risk to the economic well being of the agricultural, forest, horticultural, and floricultural industries, and the environmental quality and natural resources of the state. Initiating quarantines forbidding entry or distribution of weed species may be critical for their exclusion or control The Washington Noxious Weed Control Board, as authorized by chapter 17.10 RCW, supports this proposal. The Nursery Advisory Committee, which is appointed by the director of the Department of Agriculture to represent the interests of the nursery industry, also supports the proposal.

Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.

Statute Being Implemented: Chapter 17.24 RCW.

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

Name of Proponent: Washington State Department of Agriculture, governmental.

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.

No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires that an agency must prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on businesses in an industry. The department has analyzed the economic impact of the proposed rule amendment and has concluded that it will not have a more than minor cost on the regulated industry and, therefore, an SBEIS is not required. If the department does not adopt the proposed amendments, there could be a very large adverse economic impact on Washington state industry, government and citizens as well as serious damage to the environment.

A cost-benefit analysis is not required under RCW 34.05.328. The Washington State Department of Agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).

August 24, 2005

Mary A. Martin Toohey

Assistant Director


AMENDATORY SECTION(Amending WSR 04-19-004, filed 9/2/04, effective 10/3/04)

WAC 16-752-505   Wetland and aquatic weed quarantine -- Regulated articles.   All plants and plant parts of the following are regulated articles under this chapter:

Scientific Name Common Name
Butomus umbelatus flowering rush
Cabomba caroliniana fanwort
Crassula helmsii Australian swamp stonecrop
Egeria densa Brazilian elodea
Epilobium hirsutum hairy willow herb
Glossostigma diandrum mud mat
Gyceria maxima reed sweetgrass, tall manna grass
Hydrilla verticillata hydrilla
Hydrocharis morsus-ranae European frog-bit
Lagarosiphon major African elodea
Ludwigia hexapetala water primrose
Lysimachia vulgaris garden loosestrife
Murdannia keisak marsh dew flower, Asian spiderwort
Myriophyllum aquaticum parrotfeather
Myriophyllum spicatum Eurasian watermilfoil
Najas minor slender-leaved naiad, brittle naiad
Nymphoides peltata yellow floating heart
Sagittaria graminea grass-leaved arrowhead
Sagittaria platyphylla delta arrowhead
Spartina alterniflora smooth cordgrass
Spartina anglica common cordgrass
Spartina densiflora dense-flowered cordgrass
Spartina patens salt meadow cordgrass
Trapa natans water chestnut, bull nut
Trapa bicornus water caltrap, devil's pod, bat nut
Utricularia inflata swollen bladderwort

[Statutory Authority: Chapters 17.10, 17.24, and 34.05 RCW. 04-19-004, 16-752-505, filed 9/2/04, effective 10/3/04. Statutory Authority: Chapters 17.24, 17.10, and 15.13 RCW. 01-01-014, 16-752-505, filed 12/6/00, effective 1/6/01. Statutory Authority: RCW 17.10.235 and chapter 17.24 RCW. 92-07-024, 16-752-505, filed 3/10/92, effective 4/10/92.]

Washington State Code Reviser's Office