WSR 14-03-127
[Filed January 22, 2014, 8:12 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-22-089.
Title of Rule and Other Identifying Information: Chapter 16-752 WAC, Noxious weed control, the agency is proposing to add three species (oriental clematis, French broom, and giant reed (except variegated cultivars)) to the prohibited plant list, combine five quarantines into a single prohibited plant list, repeal an obsolete quarantine (yellow nutsedge), and add language that will allow the issuance of compliance agreements for growing or transporting regulated articles. The quarantine is being amended as a result of a petition submitted by the Washington state noxious weed control board.
Hearing Location(s): Washington State Department of Agriculture, Natural Resources Building, Conference Room 259, 1111 Washington Street S.E., Olympia, WA 98504-2560, on February 26, 2014, at 10:00 a.m.
Date of Intended Adoption: March 12, 2014.
Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA, 98504-2560, e-mail, fax (360) 902-2094, by February 26, 2014.
Assistance for Persons with Disabilities: Contact Henri Gonzales by February 19, 2014, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal adds oriental clematis (Clematis orientalis); French broom (Genista monspessulana); and giant reed (Arundo donax), except variegated cultivars to the noxious weed seed and plant quarantine. The proposal also repeals the yellow nutsedge quarantine, combines various quarantines to make the rule more clear and readable, and adds language that will allow the issuance of compliance agreements for growing or transporting regulated articles. Adding these species to the quarantine to ensure these plants are not being sold through the nursery trade may be critical for their exclusion or control.
Reasons Supporting Proposal: The purpose of the noxious weed control rule is to prevent the establishment or spread of noxious weeds within the state by prohibiting their sale and movement. The noxious weed quarantine prohibits the sale of specific plant species that are determined to be invasive, nonnative, and harmful to our local ecosystems or disrupt agricultural production. Many of the quarantine species were introduced as ornamentals through the horticulture trade. Most of the listed species in the quarantine are also listed in chapter 16-750 WAC, the state noxious weed list, as a Class A or a Class B noxious weed, requiring mandatory control by county weed boards. However, designation as a noxious weed on the state noxious weed list doesn't prohibit its sale, allowing consumers to buy a plant species that's prohibited by their county weed board. Prohibiting the sale of plants designated under the state noxious weed list for mandatory control will support the efforts of county weed boards to control noxious weeds.
Statutory Authority for Adoption: RCW 17.10.074, 17.24.011, 17.24.041, and chapter 34.05 RCW.
Statute Being Implemented: RCW 17.10.074, 17.24.011, and 17.24.041.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state noxious weed control board, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Tom Wessels, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-1984.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Analysis of the economic effects of the proposed rule amendments demonstrates that the changes will not be more than a minor cost to small business in the regulated industry because alternative noninvasive species are readily available and, therefore, a small business economic impact statement is not required. However, failure to adopt these changes has potential to have a large negative economic impact on the state, due to the cost of eliminating these species if they were to become established.
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).
January 22, 2014
Brad White, Ph.D.
Acting Assistant Director
Chapter  16-752  WAC
AMENDATORY SECTION (Amending WSR 00-24-021, filed 11/28/00, effective 12/29/00)
WAC 16-752-600 Establishing the noxious weed seed and plant quarantine.
Washington agriculture, environmental quality and natural resources, including waters and wetlands, 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.
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.
AMENDATORY SECTION (Amending WSR 92-07-025, filed 3/10/92, effective 4/10/92)
WAC 16-752-605 ((Noxious weed seed and plant quarantine—))Quarantine area.
The area under the noxious weed seed and plant quarantine for regulated articles includes all counties within the state of Washington and all states, territories, and districts of the United States.
AMENDATORY SECTION (Amending WSR 09-19-006, filed 9/3/09, effective 10/4/09)
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 designated as regulated articles under the terms of this noxious weed seed and plant quarantine:
Scientific Name
Common Names
Abutilon theophrasti
Alliaria petiolata
garlic mustard
Amorpha fruticosa
indigobush, lead plant
Anchusa officinalis
common bugloss, alkanet, anchusa
Anthriscus sylvestris
wild chervil
Arundo donax (except variegated cultivars)
giant reed
Brachypodium sylvaticum
false brome
Butomus umbellatus
flowering rush
Cabomba caroliniana
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)) stoebe
spotted knapweed
Centaurea macrocephala
bighead knapweed
Centaurea nigra
black knapweed
Centaurea nigrescens
Vochin knapweed
Chaenorrhinum minus
dwarf snapdragon
Clematis orientalis
oriental clematis
Crassula helmsii
Australian swamp stonecrop
Crupina vulgaris
common crupina
Cyperus rotundus
purple nutsedge
Cytisus scoparius
Scotch broom
Daucus carota
wild carrot, Queen Anne's lace
Echium vulgare
blueweed, blue thistle, blue devil, viper's bugloss, snake flower
Egeria densa
Brazilian elodea
Epilobium hirsutum
hairy willow herb
Euphorbia esula
leafy spurge
Euphorbia oblongata
eggleaf spurge
Galega officinalis
Genista monspessulana
French broom
Geranium lucidum
shiny geranium
Glossostigma diandrum
mud mat
Gyceria maxima
reed sweetgrass, tall manna grass
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 sabaudum
European hawkweed
Hydrilla verticillata
Hydrocharis morsus-ranae
European frog-bit
Impatiens glandulifera
policeman's helmet
Isatis tinctoria
dyers' woad
Kochia scoparia
kochia, summer-cyprus, burning-bush, fireball, Mexican fireweed
Lagarosiphon major
African elodea
Lepidium latifolium
perennial pepperweed
Leucanthemum vulgare
oxeye daisy, white daisy, whiteweed, field daisy, marguerite, poorland flower
Linaria dalmatica spp. dalmatica
Dalmatian toadflax
Ludwigia hexapetala
water primrose
Ludwigia peploides
floating primrose-willow
Lysimachia vulgaris
garden loosestrife
Lythrum salicaria
purple loosestrife
Lythrum virgatum
wand loosestrife
Mirabilis nyctaginea
wild four o'clock, umbrella-wort
Murdannia keisak
marsh dew flower, Asian spiderwort
Myriophyllum aquaticum
Myriophyllum heterophyllum
variable-leaf milfoil
Myriophyllum spicatum
Eurasian watermilfoil
Najas minor
slender-leaved naiad, brittle naiad
Nymphoides peltata
yellow floating heart
Onopordum acanthium
Scotch thistle
Polygonum cuspidatum
Japanese knotweed
Polygonum polystachyum
Himalayan knotweed
Polygonum sachalinense
giant knotweed
Polygonum x bohemicum
Bohemian knotweed, Japanese and giant knotweed hybrid
Proboscidea louisianica
Pueraria montana var. lobata
Sagittaria graminea
grass-leaved arrowhead
Sagittaria platyphylla
delta arrowhead
Salvia aethiopis
Mediterranean sage
Salvia pratensis
meadow clary
Salvia sclarea
clary sage
Schoenoplectus mucronatus
ricefield bulrush
Senecio jacobaea
tansy ragwort
Silybum marianum
milk thistle
Solanum elaeagnifolium
silverleaf nightshade
Solanum rostratum
Soliva sessilis
Sorghum halepense
Spartina alterniflora
smooth cordgrass
Spartina anglica
common cordgrass
Spartina densiflora
dense-flowered cordgrass
Spartina patens
salt meadow cordgrass
Spartium junceum
Spanish broom
Stratiotes aloides
water soldier
Tamarix ramosissima
Thymelaea passerina
spurge flax
Torilis arvensis
Trapa natans
water chestnut, bull nut
Trapa bicornus
water caltrap, devil’s pod, bat nut
Ulex europaeus
gorse, furze
Utricularia inflata
swollen bladderwort
Zygophyllum fabago
Syrian bean-caper
This list is comprised of the most recent and accepted scientific and common names of the quarantine plant species. Regulated status also applies to all synonyms of these botanical names and interspecies hybrids if both parents are regulated species.
AMENDATORY SECTION (Amending WSR 92-07-025, filed 3/10/92, effective 4/10/92)
WAC 16-752-620 ((Noxious weed seed and plant quarantine—))Prohibited acts.
It is prohibited to transport, buy, sell, offer for sale, or to distribute plants or plant parts of the regulated species listed in WAC 16-752-610 into or within the state of Washington or to sell, offer for sale, or distribute seed packets of the seed, flower seed blends, or wildflower mixes of these regulated species into or within the state of Washington.
AMENDATORY SECTION (Amending WSR 00-24-021, filed 11/28/00, effective 12/29/00)
WAC 16-752-630 ((Noxious weed seed and plant quarantine—)) Quarantine exceptions.
The prohibition on transporting of plants and plant parts established in WAC 16-752-620 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 all such activities 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 under the ((supervision)) guidelines of a noxious weed control agency.
AMENDATORY SECTION (Amending WSR 92-07-025, filed 3/10/92, effective 4/10/92)
WAC 16-752-640 ((Noxious weed seed and plant quarantine—Permits.)) Compliance agreements.
The director may allow ((the movement of materials, otherwise prohibited,)) activities prohibited under this chapter by ((special permit)) compliance agreement. Such ((permit)) compliance agreement shall specify the terms and conditions under which ((movement is)) such activities are allowed. A fee may be charged for these services under chapter 16-470-WAC.
AMENDATORY SECTION (Amending WSR 00-24-021, filed 11/28/00, effective 12/29/00)
WAC 16-752-650 ((Noxious weed seed and plant quarantine—))Disposal of regulated articles.
Any plants, plant parts, or seed packets transported, bought, sold, or offered for sale in violation of ((WAC 16-752-600 through 16-752-650)) this chapter 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 will be at the expense of the owner or the owner's agent and without compensation.
AMENDATORY SECTION (Amending WSR 92-07-025, filed 3/10/92, effective 4/10/92)
WAC 16-752-660 ((Noxious weed seed and plant quarantine—))Penalties.
Any person who violates the terms of ((the noxious weed quarantine, as provided in WAC 16-752-600 through 16-752-650,)) this chapter or who aids or abets in such violation, shall be subject to the civil and/or criminal penalties provided in chapter 17.24 RCW.
The following sections of the Washington Administrative Code are repealed:
WAC 16-752-001
WAC 16-752-005
Noxious weed—Tansy ragwort in hay.
WAC 16-752-010
Tansy ragwort in hay—Penalties.
WAC 16-752-300
Yellow nutsedge—Establishing quarantine.
WAC 16-752-305
Yellow nutsedge—Quarantine area.
WAC 16-752-310
Yellow nutsedge—Articles whose movement is restricted.
WAC 16-752-315
Yellow nutsedge—Regulations.
WAC 16-752-320
Yellow nutsedge—Costs of quarantine.
WAC 16-752-330
Yellow nutsedge—Violation and penalty.
WAC 16-752-400
Establishing quarantine.
WAC 16-752-405
Lythrum quarantine—Regulated articles.
WAC 16-752-410
Lythrum quarantine—Prohibited acts.
WAC 16-752-415
Disposition of regulated articles.
WAC 16-752-420
WAC 16-752-500
Establishing wetland and aquatic weed quarantine.
WAC 16-752-505
Wetland and aquatic weed quarantine—Regulated articles.
WAC 16-752-507
Wetland and Aquatic weed quarantine—Quarantine area.
WAC 16-752-510
Wetland and aquatic weed quarantine—Prohibited acts.
WAC 16-752-515
Wetland and aquatic weed quarantine—Exemptions.
WAC 16-752-520
Wetland and aquatic weed quarantine—Disposition of regulated articles.
WAC 16-752-525
Wetland and aquatic weed quarantine—Penalties.
WAC 16-752-700
Establishing quarantine for purple nutsedge.
WAC 16-752-705
What articles are regulated under the quarantine of purple nutsedge and what do you need to ship regulated articles into Washington?
WAC 16-752-710
Acts prohibited by this purple nutsedge quarantine.
WAC 16-752-715
Disposal of articles regulated under this purple nutsedge quarantine.