14-03-127

WSR 14-03-127

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[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 [e-mail], fax [phone], by February 26, 2014.

Assistance for Persons with Disabilities: Contact Henri Gonzales by February 19, 2014, TTY [phone] 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, [phone].

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

NOXIOUS WEED ((CONTROL)) SEED AND PLANT QUARANTINE

((NOXIOUS WEED SEED AND PLANT QUARANTINE))

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.

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.

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	velvetleaf
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	fanwort
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	goatsrue
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	hydrilla
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	parrotfeather
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	unicorn-plant
Pueraria montana var. lobata	kudzu
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	buffaloburr
Soliva sessilis	lawnweed
Sorghum halepense	johnsongrass
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	saltcedar
Thymelaea passerina	spurge flax
Torilis arvensis	hedgeparsley
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.

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 16-752-001	Definitions.
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	Penalties.
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.