WSR 24-23-085
PERMANENT RULES
NOXIOUS WEED
CONTROL BOARD
[Filed November 19, 2024, 10:15 a.m., effective January 1, 2025]
Effective Date of Rule: January 1, 2025.
Purpose: The Washington state noxious weed list provides the basis for noxious weed control efforts for county and district weed control boards, as well as other entities. This rule-making order amends chapter 16-750 WAC by:
Updates to the noxious weed list: WAC 16-750-005 Class A noxious weed changes and additions, addition of round leaf bittersweet, Celastrus orbiculatus and addition of marsh thistle, Cirsium palustre.
WAC 16-750-011 Class B noxious weed changes and additions, undesignating shiny geranium, Geranium lucidum, in Pierce County east of the Narrows Bridge.
Updating pronouns throughout from he/she, him/her to they/them: WAC 16-750-120 (8)(11), 16-750-130 (2)(b), 16-750-135 (11)(15)(c), and 16-750-137(5).
Citation of Rules Affected by this Order: Amending WAC 16-750-005, 16-750-011, 16-750-120 (8)(11), 16-750-130 (2)(b), 16-750-135 (11)(15)(c), and 16-750-137(5).
Statutory Authority for Adoption: Chapter 17.10 RCW.
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 24-20-110 on October 1, 2024.
Changes Other than Editing from Proposed to Adopted Version: (1) One clerical change was made to correct the spelling of Celastrus orbiculatus.
(2) The undesignating of shiny geranium was amended to only undesignating shiny geranium east of the narrows bridge in Pierce County.
(3) The addition of Ilex Species as a Class C noxious weed was postponed to a later hearing in March. A new CR-102 will be filed for this extended rule-making process for Ilex Aquifolium.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 6, 2024.
Allen D. Evenson
Chairman
OTS-5884.3
AMENDATORY SECTION(Amending WSR 23-23-168, filed 11/21/23, effective 1/1/24)
WAC 16-750-005State noxious weed listClass A noxious weeds.
Common Name
Scientific Name
broom, French
Genista monspessulana
broom, Spanish
Spartium junceum
common crupina
Crupina vulgaris
cordgrass, common
Spartina anglica
cordgrass, dense-flowered
Spartina densiflora
cordgrass, salt meadow
Spartina patens
cordgrass, smooth
Spartina alterniflora
dyer's woad
Isatis tinctoria
eggleaf spurge
Euphorbia oblongata
false brome
Brachypodium sylvaticum
floating primrose-willow
Ludwigia peploides
flowering rush
Butomus umbellatus
garlic mustard
Alliaria petiolata
giant hogweed
Heracleum mantegazzianum
goatsrue
Galega officinalis
hydrilla
Hydrilla verticillata
Johnsongrass
Sorghum halepense
knapweed, bighead
Centaurea macrocephala
knapweed, Vochin
Centaurea nigrescens
kudzu
Pueraria montana var. lobata
meadow clary
Salvia pratensis
oriental clematis
Clematis orientalis
Palmer amaranth
Amaranthus palmeri
purple starthistle
Centaurea calcitrapa
reed sweetgrass
Glyceria maxima
ricefield bulrush
Schoenoplectus mucronatus
round leaf bittersweet
Celastrus orbiculatus
sage, clary
Salvia sclarea
sage, Mediterranean
Salvia aethiopis
silverleaf nightshade
Solanum elaeagnifolium
small-flowered jewelweed
Impatiens parviflora
South American spongeplant
Limnobium laevigatum
Syrian bean-caper
Zygophyllum fabago
Texas blueweed
Helianthus ciliaris
thistle, Italian
Carduus pycnocephalus
thistle, marsh
Cirsium palustre
thistle, milk
Silybum marianum
thistle, slenderflower
Carduus tenuiflorus
thistle, Turkish
Carduus cinereus
variable-leaf milfoil and hybrids
Myriophyllum heterophyllum
Myriophyllum
heterophyllum x
Myriophyllum hippuroides
wild four o'clock
Mirabilis nyctaginea
AMENDATORY SECTION(Amending WSR 23-23-168, filed 11/21/23, effective 1/1/24)
WAC 16-750-011State noxious weed listClass B noxious weeds.
 
Name
 
Will be a "Class B designate" in all
lands lying within:
(1)
blueweed, Echium vulgare
(a)
regions 1, 2, 3, 4, 6
 
 
(b)
region 5, except Spokane County
(2)
Brazilian elodea, Egeria densa
(a)
region 1, except Grays Harbor County
(b)
region 2, except Kitsap County and Green Lake in King County
 
 
(c)
King County of region 2, except lakes Dolloff, Fenwick, Union, Washington, and Sammamish, and the Sammamish River
 
 
(d)
region 3, except Wahkiakum County
 
 
(e)
regions 4, 5, and 6
(3)
bugloss, annual, Lycopsis arvensis
(a)
regions 1, 2, 3, 4, and 6
(b)
region 5, except Spokane County
(4)
bugloss, common, Anchusa officinalis
(a)
regions 1, 2, 3, and 6
(b)
All of region 4 except those areas lying within the Entiat River Valley between the Columbia River confluence and Stormy Creek in Chelan County
 
 
(c)
region 5, except Spokane County
(5)
butterfly bush, Buddleja davidii
(a)
Grays Harbor County of region 1
 
 
(b)
San Juan County of region 2
 
 
(c)
Cowlitz County of region 3
(6)
camelthorn, Alhagi maurorum
(a)
regions 1, 2, 3, 4, 5, and 6
(7)
common fennel, Foeniculum vulgare (except bulbing fennel, F. vulgare var. azoricum)
(a)
region 1, except Jefferson County
 
(b)
region 2, except King and Skagit counties
 
 
(c)
region 3, except Clark County
 
 
(d)
regions 4, 5, and 6
(8)
common reed, Phragmites australis (nonnative genotypes only)
(a)
regions 1, 2, 3, and 4
(b)
region 5, except Grant County
(c)
Asotin, Columbia, and Garfield counties of region 6
(9)
common tansy, Tanacetum vulgare
(a)
Clallam County of region 1
(b)
Kitsap and San Juan counties of region 2
 
 
(c)
Cowlitz County of region 3
 
 
(d)
Adams and Lincoln counties of region 5
(10)
Dalmatian toadflax, Linaria dalmatica ssp. dalmatica
(a)
regions 1, 2, and 3
(b)
Adams, Kittitas, and Lincoln counties of region 5
 
 
(c)
Benton, Franklin, and Walla Walla counties of region 6
(11)
Eurasian watermilfoil, Myriophyllum spicatum
(a)
region 1, except Pacific County
(b)
Island, Kitsap, and San Juan counties of region 2
 
 
(c)
Clark and Cowlitz counties of region 3
 
 
(d)
Chelan and Okanogan counties, and all lakes with public boat launches except Fan Lake in Pend Oreille County of region 4
 
 
(e)
Adams, Kittitas, Lincoln, and Whitman counties of region 5
 
 
(f)
Asotin, Columbia, and Garfield counties of region 6
(12)
European coltsfoot, Tussilago farfara
(a)
regions 1, 2, 3, 4, 5, and 6
(13)
fanwort, Cabomba caroliniana
(a)
regions 1, 2, 4, 5, and 6
(b)
region 3, except Cowlitz County
(14)
gorse, Ulex europaeus
(a)
region 1, except Grays Harbor and Pacific counties
 
 
(b)
regions 2, 3, 4, 5, 6
(15)
grass-leaved arrowhead, Sagittaria graminea
(a)
region 1
(b)
region 2, except Snohomish County
 
 
(c)
regions 3, 4, 5, and 6
(16)
hairy willow-herb, Epilobium hirsutum
(a)
regions 1, 3, and 4
(b)
region 2, except Thurston and Whatcom counties
 
 
(c)
region 5, except Klickitat County
 
 
(d)
region 6, except Benton and Franklin counties
(17)
hanging sedge, Carex pendula, Carex pendula subsp. pendula and Carex pendula subsp. agastachys
(a)
regions 1, 3, 4, 5, and 6
(b)
region 2, except for King County
(18)
hawkweed oxtongue, Picris hieracioides
(a)
regions 1, 2, 4, 5, and 6
(b)
region 3, except Skamania County
(19)
hawkweed, orange, Hieracium aurantiacum
(a)
regions 1, 3, and 6
(b)
region 2, except Whatcom County
 
 
(c)
region 4, except Pend Oreille and Stevens counties
 
 
(d)
region 5, except Kittitas and Spokane counties
(20)
hawkweeds: All nonnative species and hybrids of the Meadow subgenus (Pilosella), including, but not limited to, mouseear (Hieracium pilosella), pale (H. lactucella), queen-devil (H. glomeratum), tall (H. piloselloides), whiplash (H. flagellare), yellow (H. caespitosum), and yellow-devil (H. x floribundum)
(a)
region 1
 
(b)
region 2, except Thurston County
 
(c)
region 3, except Cowlitz County
 
(d)
region 4, except Pend Oreille and Stevens counties
 
(e)
region 5, except Klickitat and Spokane counties
 
(f)
region 6
(21)
hawkweeds: All nonnative species and hybrids of the Wall subgenus (Hieracium), including, but not limited to, common (Hieracium lachenalii), European (H. sabaudum), polar (H. atratum), smooth (H. laevigatum), spotted (H. maculatum), and wall (H. murorum)
(a)
regions 1, 3, 5, and 6
 
(b)
region 2, except King, Skagit, Snohomish, and Whatcom counties
 
(c)
region 4, except Stevens County
(22)
herb-Robert, Geranium robertianum
(a)
regions 4, 5, and 6
(23)
hoary alyssum, Berteroa incana
(a)
regions 1, 2, 3, and 6
(b)
region 4, except Pend Oreille and Ferry counties
 
 
(c)
region 5, except Klickitat County
(24)
houndstongue, Cynoglossum officinale
(a)
regions 1, 2, and 3
(b)
Chelan and Douglas counties of region 4
 
 
(c)
Yakima, Grant and Adams counties of region 5
 
 
(d)
Benton and Franklin counties of region 6
(25)
indigobush, Amorpha fruticosa
(a)
regions 1, 2, and 4
(b)
Lewis County of region 3
 
 
(c)
region 5, except Klickitat County
(26)
knapweed, black, Centaurea nigra
(a)
regions 1, 2, 3, 4, 5, and 6
(27)
knapweed, brown, Centaurea jacea
(a)
regions 1, 2, 3, 4, 5, and 6
(28)
knapweed, diffuse, Centaurea diffusa
(a)
region 1
(b)
region 2
 
 
(c)
region 3, except Cowlitz County
 
 
(d)
Adams County of region 5
(29)
knapweed, meadow, Centaureax gerstlaueri
(a)
regions 1 and 4
(b)
region 2, except Whatcom County
 
 
(c)
Thurston County of region 2, except below the ordinary high-water mark of the Nisqually River
 
 
(d)
Lewis and Wahkiakum counties of region 3
 
 
(e)
region 5, except Kittitas and Klickitat counties
 
 
(f)
region 6, except Franklin and Walla Walla counties
(30)
knapweed, Russian, Rhaponticum repens
(a)
regions 1, 2, and 3
(b)
Ferry and Pend Oreille counties of region 4
 
 
(c)
Lincoln, Spokane, and Whitman counties of region 5
 
 
(d)
Adams County of region 5, except for the area west of Highway 17 and north of Highway 26
 
 
(e)
Asotin and Garfield counties of region 6
(31)
knapweed, spotted, Centaurea stoebe
(a)
region 1, except Grays Harbor
(b)
region 2, except Whatcom County
 
 
(c)
Clark, Lewis, and Wahkiakum counties of region 3
 
 
(d)
Ferry and Douglas counties of region 4
 
 
(e)
Adams, Grant and Yakima counties of region 5
 
 
(f)
region 6, except Columbia and Walla Walla counties
(32)
knotweed, Bohemian, Fallopia x bohemica
(a)
Island and San Juan counties of region 2
(b)
Skamania County of region 3
 
 
(c)
region 4, 5, and 6
(33)
knotweed, giant, Fallopia sachalinensis
(a)
region 2, except King, Pierce, and Snohomish counties
(b)
region 3, except Cowlitz and Lewis counties
(c)
regions 4, 5, and 6
(34)
knotweed, Himalayan, Persicaria wallichii
(a)
region 1, except Pacific County
(b)
region 2, except King and Pierce counties
 
 
(c)
region 3, except Wahkiakum County
 
 
(d)
region 4, 5, and 6
(35)
knotweed, Japanese, Fallopia japonica
(a)
Island, San Juan, and Whatcom counties of region 2
(b)
Skamania County of region 3
 
 
(c)
region 4, except Okanogan County
 
 
(d)
region 5, except Spokane County
 
 
(e)
region 6
(36)
kochia, Bassia scoparia
(a)
regions 1, 2, and 3
(b)
Stevens and Pend Oreille counties of region 4
 
 
(c)
Adams County of region 5
(37)
lesser celandine, Ficaria verna
(a)
region 1, 3, 4, 5, and 6
 
 
(b)
region 2, except King and Whatcom counties
(38)
loosestrife, garden, Lysimachia vulgaris
(a)
regions 1, 2, 3, 4, 5, 6
(39)
loosestrife, purple, Lythrum salicaria
(a)
Clallam, Jefferson, and Mason counties of region 1
(b)
region 2, except Kitsap, Skagit, and Snohomish counties
 
 
(c)
Clark, Lewis, and Skamania counties of region 3
 
 
(d)
region 4, except Douglas County
 
 
(e)
region 5, except Grant and Spokane counties
 
 
(f)
region 6, except Asotin and Franklin counties
(40)
loosestrife, wand, Lythrum virgatum
(a)
Clallam, Jefferson, and Mason counties of region 1
(b)
region 2, except Kitsap, Skagit, and Snohomish counties
 
 
(c)
Clark, Lewis, and Skamania counties of region 3
 
 
(d)
region 4, except Douglas County
 
 
(e)
region 5, except Grant and Spokane counties
 
 
(f)
region 6, except Asotin and Franklin counties
(41)
Malta starthistle, Centaurea melitensis
(a)
regions 1, 2, and 3
(b)
region 4, except T36 R38 in the area contained within Hwy 395/Hwy 20, Pingston Creek Road, and Highland Loop Road in Stevens County
 
 
(c)
region 5, except Klickitat and Whitman counties
(42)
parrotfeather, Myriophyllum aquaticum
(a)
region 1, except Pacific County
(b)
regions 2, 4, 5, and 6
 
 
(c)
Clark and Skamania counties of region 3
(43)
perennial pepperweed, Lepidium latifolium
(a)
regions 1, 2, and 4
(b)
region 3, except Clark and Cowlitz counties
 
 
(c)
Kittitas, Lincoln and Spokane counties of region 5
 
 
(d)
Columbia and Garfield counties of region 6
(44)
poison hemlock, Conium maculatum
(a)
Clallam, Mason, and Pacific counties of region 1
(b)
region 2, except King, Skagit, and Whatcom counties
 
 
(c)
Clark and Skamania counties of region 3
 
 
(d)
Chelan, Douglas, and Pend Oreille counties of region 4
 
 
(e)
Grant, Kittitas and Lincoln counties of region 5
(45)
policeman's helmet, Impatiens glandulifera
(a)
region 1, 3, 4, 5, and 6
(b)
region 2, except Thurston and Whatcom counties
(46)
puncturevine, Tribulus terrestris
(a)
regions 1, 2, and 3
(b)
Ferry, Pend Oreille, and Stevens counties of region 4
 
 
(c)
region 5, except Grant, Klickitat, and Yakima counties
(47)
Ravenna grass, Tripidium ravennae
(a)
Cowlitz County of region 3
(b)
region 4
 
 
(c)
region 5, except Yakima County
 
 
(d)
region 6, except Benton County
(48)
rough chervil, Chaerophyllum temulum
(a)
regions 1, 3, 4, 5, and 6
(b)
region 2, except for King County
(49)
rush skeletonweed, Chondrilla juncea
(a)
regions 1, 2, and 3
(b)
region 4, except all areas of Stevens County south of Township 29
 
 
(c)
Kittitas and Yakima counties of region 5, and Adams County, except those areas lying east of Sage Road, the western border of Range 36
 
 
(d)
Asotin County of region 6
(50)
saltcedar, Tamarix ramosissima (unless intentionally planted prior to 2004)
(a)
regions 1, 3, 4, 5, and 6
(b)
region 2, except King and Thurston counties
(51)
Scotch broom, Cytisus scoparius
(a)
regions 4 and 6
(b)
region 5, except Klickitat County
(52)
shiny geranium, Geranium lucidum
(a)
regions 1, 4, 5, and 6
(b)
region 2, except King, Snohomish, and Thurston counties, and east of the Narrows Bridge in Pierce County
 
 
(c)
region 3, except Clark County
(53)
spurge flax, Thymelaea passerina
(a)
region 4, except Okanogan County
(b)
regions 5 and 6
(54)
spurge laurel, Daphne laureola
(a)
region 1, except Clallam and Jefferson counties
(b)
region 2, except King, Kitsap, and Pierce counties
 
 
(c)
region 3
 
 
(d)
regions 4, 5, and 6
(55)
spurge, leafy, Euphorbia virgata
(a)
regions 1, 2, 3, and 4
(b)
region 5, except Spokane County
 
 
(c)
region 6, except Columbia County
(56)
spurge, myrtle, Euphorbia myrsinites
(a)
region 1, except Clallam and Jefferson counties
(b)
region 2, except King, Kitsap, Pierce, and Whatcom counties
 
 
(c)
regions 3, 5, and 6
 
 
(d)
region 4, except Okanogan County
(57)
sulfur cinquefoil, Potentilla recta
(a)
region 1
(b)
region 2, except Pierce and Thurston counties
 
 
(c)
region 3, except Lewis and Skamania counties
 
 
(d)
Adams, Grant, Lincoln, and Whitman counties of region 5
 
 
(e)
region 6, except Asotin County
(58)
tansy ragwort, Jacobaea vulgaris
(a)
Island and San Juan counties of region 2
(b)
Clark and Wahkiakum counties of region 3
 
 
(c)
regions 4, 5, and 6
(59)
thistle, musk, Carduus nutans
(a)
regions 1, 2, 3, and 6
(b)
region 4, except Douglas and Ferry counties
 
 
(c)
region 5, except Kittitas County
(60)
thistle, plumeless, Carduus acanthoides
(a)
regions 1, 2, 3, 5, 6
(b)
region 4, except those areas north of State Highway 20 in Stevens County
(61)
thistle, Scotch, Onopordum acanthium
(a)
regions 1, 2, 3, and 4
(b)
region 5, except Spokane and Whitman counties
(62)
velvetleaf, Abutilon theophrasti
(a)
regions 1, 2, 3, 4, and 6
(b)
region 5, except Yakima County
(63)
water primrose, Ludwigia hexapetala
(a)
regions 1, 2, 3, 4, 5, and 6
(64)
white bryony, Bryonia alba
(a)
regions 1, 2, 3, and 4
(b)
region 5, except Whitman County
 
 
(c)
Benton and Garfield counties of region 6
(65)
Wild basil/basil savory, Clinopodium vulgare
(a)
regions 1, 2, 4, 5, and 6
(b)
region 3, except for Skamania County
(66)
wild chervil, Anthriscus sylvestris
(a)
regions 1, 3, 4, and 6
(b)
region 2, except Whatcom County
 
 
(c)
region 5, except Whitman County
(67)
yellow archangel, Lamiastrum galeobdolon
(a)
Clallam County of region 1
(b)
Island, San Juan, Skagit, and Whatcom counties of region 2
 
 
(c)
Cowlitz, Skamania, and Wahkiakum counties of region 3
 
 
(d)
regions 4, 5, and 6
(68)
yellow floating heart, Nymphoides peltata
(a)
regions 1, 2, 3, and 6
(b)
region 4, except Stevens County
 
 
(c)
region 5, except Spokane County
(69)
yellow nutsedge, Cyperus esculentus
(a)
regions 1 and 4
(b)
region 2, except Skagit and Thurston counties
 
 
(c)
region 3, except Clark County
 
 
(d)
region 5, except Klickitat and Yakima counties
 
 
(e)
region 6, except Franklin and Walla Walla counties
(70)
yellow starthistle, Centaurea solstitialis
(a)
regions 1, 2, and 3
(b)
region 4, except T36 R38 in the area contained within Hwy 395/Hwy 20, Pingston Creek Road, and Highland Loop Road in Stevens County
 
 
(c)
region 5, except Klickitat, and Whitman counties
AMENDATORY SECTION(Amending WSR 23-23-168, filed 11/21/23, effective 1/1/24)
WAC 16-750-120State noxious weed control boardNominationsElectionsTerms of officeVacancies.
(1) Nominations and elections to board positions are conducted by regular mail.
(2) The board calls for nominations to elected positions at least 60 days prior to expiration of position terms.
(3) The board sends ballots to eligible activated county noxious weed control boards or weed district directors by regular mail at least 45 days prior to expiration of each position term.
(4) Ballots must be returned no later than 30 days before expiration of each term. Only official ballots will be accepted. Photocopied ballots will be considered invalid.
(5) The board chairperson appoints a committee to count ballots and certify elections at least 30 days prior to expiration of each term.
(6) Results of elections are announced prior to the next scheduled board meeting.
(7) For the purpose of conducting nominations or elections, the board uses the current list of county noxious weed control board voting members and weed district directors.
(8) Any person who is a resident in and member of an activated county noxious weed control board in the counties represented by positions 1, 2, 3, and 4 may enter ((his or her))their name, or that of any qualified person in nomination for election to the board position by voting members of the above activated county noxious weed control boards.
(9) Any director of an active weed district formed under chapter 17.04 or 17.06 RCW may enter a name in nomination for election to position 5 on the board.
(10) Each candidate or each person nominating such candidate must complete a certificate of nomination, and must return it to the board postmarked by the date specified.
(11) The board creates a ballot listing the names in alphabetical order beginning with the last name first, of the candidates nominated to the position of the board: Provided, That the board shall remove the name of any person nominated who notifies the board in writing that ((he or she is))they are unwilling to serve on the board.
(12) The ballot, along with the statement, if any, of each candidate in the election will be mailed by regular mail to each voting member of an activated county noxious weed control board or director of an active weed district. Only county board members or weed district directors within the established position area are eligible to vote for the board member to represent that area.
(13) Each voting member of an activated county noxious weed control board or director of an activated weed district may cast one vote for the candidates appearing on the appropriate ballot and return it to the board as provided above and as per the dates specified.
(14) The candidate receiving the highest number of votes is elected: Provided, That if the candidate fails to receive more than 50 percent of the votes cast in an election, a second election will be held between such candidate and the candidate receiving the next highest votes and: Provided further, That if there is only one candidate, that candidate will be deemed elected unanimously.
(15) The term of office for all members of the board is four years from the date of election or appointment.
(16) Vacancies among board members appointed by the director will be filled by the director. Vacancies among elected members will be filled by special election by those entities eligible to elect that position for the expired term. Special elections follow the same procedure as regular elections and repeated as needed until position is filled. Board members appointed to fill vacancies will serve out the existing term.
AMENDATORY SECTION(Amending WSR 23-23-168, filed 11/21/23, effective 1/1/24)
WAC 16-750-130State noxious weed control boardOrganization.
The organization of the board is as follows:
(1) The officers of the board are the chairperson, vice chairperson, and secretary. The title of the chief administrative officer is the executive secretary.
(2) Duties of officers.
(a) The chairperson presides at all meetings of the board, has the power to appoint committees, acts as ex officio member of all committees except the executive committee, serves as chairperson of the executive committee, serves as official signer of agreements between the board and public or private agencies, and performs such other duties as pertain to the office.
(b) The vice chairperson performs the duties of the chairperson in ((his or her))the chairperson's absence, acts as an ex officio member of all committees, and any other duties delegated by the chairperson. The vice chairperson will assume the duties of and serve out the term of the chairperson upon permanent departure of the chairperson.
(c) The secretary is the official keeper of the minutes and, approves them, and presents them to the board for adoption. In the absence of the chairperson and vice chairperson, the secretary performs the duties of the chairperson.
(d) The duties of the executive secretary, in addition to administrative duties assigned elsewhere in this chapter, are to keep a record of the proceedings of the board, notify all board members, county noxious weed control boards, and weed districts of meetings, act as an ex officio nonvoting member of all committees, negotiate agreements with public and private agencies on behalf of the board, and perform other responsibilities as delegated by the chairperson.
(3) Term of office. Term of office for officers of the board is two years following elections held at the first board meeting in January and ending at the January meeting of the second year.
(4) Election of officers. Elections will be held every two years at the January meeting of the first year. Officers are elected by a majority vote of the voting members present.
(5) Vacancies of officers other than chairperson, shall be filled for the remainder of the term, by election of the voting board members present.
AMENDATORY SECTION(Amending WSR 23-23-168, filed 11/21/23, effective 1/1/24)
WAC 16-750-135State noxious weed control boardMeetings.
(1) All meetings of the board are open and public and all persons are permitted to attend any meeting of the board, except as otherwise provided in the Open Public Meetings Act, chapter 42.30 RCW.
(2) Members of the public are not required, as a condition to attendance at a board meeting, to register names, other information, or otherwise to fulfill any condition prior to attending.
(3) Interruptions. In the event that any meeting is interrupted by any person as to render the orderly conduct of the meeting unfeasible, and order cannot be restored by the removal of individuals who are interrupting the meeting, the chairperson may order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by a majority vote of the board members present. In such a session, the board will follow the procedures set forth in the Open Public Meetings Act (RCW 42.30.050).
(4) Adoption of rules, regulations, resolution, etc. The board shall not adopt any rules, regulations, resolution, etc. except in a meeting open to the public and then only at a meeting, the date of which is fixed by rule, or at a meeting of which notice has been given according to the provisions of the Open Public Meetings Act. Any action taken at meetings failing to comply with this section is null and void.
(5) Regular meetings—Schedule—Publication in State Register—Notice of change. The board will meet at least five times per year and at other times determined by the chairperson or by a majority of the voting members. If any regular meeting falls on a holiday, the meeting will be held on the next business day. The executive secretary files with the code reviser a schedule of the time and place of regular meetings on or before January of each year for publication in the Washington State Register. Notice of any change from this meeting schedule will be published in the State Register for distribution at least 20 days prior to the rescheduled meeting date.
(6) Notice. Each board member, county noxious weed control board, and weed district will be notified of public meetings and provided an agenda within 10 days.
(7) Special meetings. The 10-day notice may be waived for special meetings which may be called at any time by the chairperson, director, or a majority of the voting board members. Special meeting notification shall follow the procedures for special meetings set forth in the Open Public Meetings Act (RCW 42.30.080).
(8) Adjournments. If a meeting is adjourned before the advertised time, a written notice will be posted at the meeting place that specifies when the meeting was adjourned.
(9) Executive sessions.
(a) The board may hold an executive session during a regular meeting which may be called by the chairperson or a majority of voting board members present. No official actions will be taken at executive sessions. Executive sessions may deal only with matters authorized by RCW 42.30.110.
(b) Before convening in executive session, the chairperson shall publicly announce the purpose of excluding the public from the meeting place and the time when the executive session will be concluded. The executive session may be extended to a later time by announcement of the chairperson.
(10) Agenda. The agenda will be prepared by the executive secretary in consultation with the chairperson. Items may be submitted by all board members to the executive secretary at least 15 days prior to the board meeting.
(11) Attendance. Each board member is expected to attend all board and assigned committee meetings. In the event a board member is unable to attend, ((he or she is))they are requested to provide the chairperson or executive secretary with the reasons for the absence prior to the meeting. Any voting member who misses two consecutive board meetings without providing the chairperson or the executive secretary with the reasons for the absences prior to the meeting may be removed from the board, following due notice and a hearing. Removal procedures may be initiated by a quorum vote of the board.
(12) Voting procedures. Board voting procedures on all matters are as follows:
(a) Five voting members constitute a quorum to conduct the affairs of the board.
(b) The chairperson may vote on all matters coming before the board.
(c) A roll call of all voting board members present may be requested on all motions by any member.
(d) All members have the right to move or second motions.
(e) Proxy voting is not permitted.
(13) Minutes. The minutes of all regular and special meetings, except executive sessions, will be promptly recorded and such records are open to public inspection.
(14) Press releases. All press releases and official information concerning board activities will be released from the board office.
(15) Public participation.
(a) Any person wishing to make a formal presentation at a regularly scheduled meeting of the board must notify the executive secretary of the subject matter at least 15 days before the meeting.
(b) Permission to appear before the board will be granted by the executive secretary in consultation with the chairperson before the meeting. Permission includes the date and time of the meeting and the time set for formal presentation.
(c) The chairperson may, at ((his or her))their discretion, recognize anyone in the audience who indicates at the time of the meeting a desire to speak.
AMENDATORY SECTION(Amending WSR 23-23-168, filed 11/21/23, effective 1/1/24)
WAC 16-750-137State noxious weed control boardConflict of interest.
(1) When a member of the board is beneficially interested, directly or indirectly, in a contract, sale, lease, purchase or grant that may be made by, through, or is under the supervision of the SNWCB, in whole or in part, or when the member accepts, directly or indirectly, any compensation, gratuity, or reward from any other person beneficially interested in such contract, sale, lease, purchase or grant, the member shall:
(a) Recuse themselves from the board discussion regarding the specific contract, sale, lease, purchase or grant;
(b) Recuse themselves from the board vote on the specific contract, sale, lease, purchase or grant; and
(c) Refrain from attempting to influence the remaining SNWCB members in their discussion and vote regarding the specific contract, sale, lease, purchase or grant.
(2) When a board member has an interest, financial or otherwise, direct or indirect, or has engaged in a business or transaction or professional activity, or has incurred an obligation of any nature, that is in conflict with the proper discharge of that board member's official duties, including the adoption of the state noxious weed list, the member shall:
(a) Recuse themselves from the board discussion regarding the decision implicated by the board member's conflict of interest;
(b) Recuse themselves from the board vote on the decision implicated by the board member's conflict of interest; and
(c) Refrain from attempting to influence the remaining SNWCB members in their discussion and vote regarding the decision implicated by the board member's conflict of interest.
(3) Under subsection (2) of this section, a board member has an interest that is in conflict with the proper discharge of their duties when the interest substantially impairs their ability to perform their duties as a board member in an objective and nonbiased manner. For example, a board member has such a conflict of interest where that board member is engaged in, or has a beneficial interest in an entity that is engaged in, the commercial production of a species that is being considered for addition on the state noxious weed list.
(4) The prohibition against discussion set forth in subsections (1)(a) and (c), (2)(a) and (c) of this section shall not prohibit the member of the SNWCB from using their general expertise to educate and provide general information on the subject area to the other members.
(5) If recusal occurs pursuant to subsection (1) or (2) of this section, the member of the SNWCB shall disclose to the public the reasons for ((his or her))their recusal from any board action whenever recusal occurs. The SNWCB staff shall record each recusal and the basis for the recusal.
(6) Under subsection (1) of this section, "any other person" has a beneficial interest in a contract, sale, lease, purchase or grant when the other person bids or otherwise seeks to be awarded the contract, sale, lease, purchase or grant.