16-10-100

WSR 16-10-100

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed May 4, 2016, 9:33 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 15-13-071.

Title of Rule and Other Identifying Information: Chapter 16-752 WAC, Noxious weed seed and plant quarantine, the agency is clarifying language and proposing to add additional species to the noxious weed seed and plant quarantine. These species include: Butterfly bush (Buddleja davidii), except for accepted sterile cultivars; yellow archangel (Lamiastrum galeobdolon); lesser celandine (Ficaria verna); all nonnative hawkweed species and hybrids (nonnative Hieracium spp.); Senegal tea plant (Gymnocoronis spilanthoides); and Australian water clover (Marsilea mutica).

Hearing Location(s): Washington State Department of Agriculture (WSDA), Natural Resources Building, 1111 Washington Street S.E., Conference Room 205, Olympia, WA 98504-2560, on June 9, 2016, at 10:00 a.m.

Date of Intended Adoption: June 23, 2016.

Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail [e-mail], fax [phone], by June 9, 2016.

Assistance for Persons with Disabilities: Contact Deanna Painter by June 2, 2016, TTY [phone] or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal adds butterfly bush (Buddleja davidii), except for accepted sterile cultivars; yellow archangel (Lamiastrum galeobdolon); lesser celandine (Ficaria verna); all nonnative hawkweed species and hybrids (nonnative Hieracium spp.); Senegal tea plant (Gymnocoronis spilanthoides); and Australian water clover (Marsilea mutica) to the noxious weed seed and plant quarantine, prohibiting their sale and distribution in Washington state. Regulated status also applies to all synonyms of these botanical names and interspecies hybrids if both parents are regulated species. Adding these species to the quarantine to ensure these plants are not being sold through the nursery trade may be critical to their exclusion or control.

In addition to adding species, WSDA is adding language clarifying the fees charged for compliance agreements and defining what are "regulated articles."

Reasons Supporting Proposal: The purpose of the noxious weed seed and plant quarantine 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 certain plant species that are determined to be invasive, nonnative, and harmful to our local ecosystems or disrupt agricultural production. Many of the quarantined 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 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 and Washington state department of ecology, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Cindy Cooper, 1111 Washington Street S.E., Olympia, WA 98504-2560, [phone].

No small business economic impact statement has been prepared under chapter 19.85 RCW. Regarding butterfly bush, yellow archangel, lesser celandine and nonnative hawkweeds, 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. WSDA consulted department of ecology experts, and nursery industry experts that serve on the nursery advisory committee to determine that Gymnocoronis spilanthoides and Marsilea mutica are not commonly sold in the nursery trade and therefore their listing has no economic impact on small business.

A cost-benefit analysis is not required under RCW 34.05.328. WSDA is not a listed agency under RCW 34.05.328 (5)(a)(i).

May 4, 2016

Brad White

Assistant Director

AMENDATORY SECTION (Amending WSR 14-07-040, filed 3/12/14, effective 4/12/14)

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 as "regulated articles" is necessary to protect Washington agriculture and natural resources and to 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 14-07-040, filed 3/12/14, effective 4/12/14)

WAC 16-752-610 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. 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:

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
Buddleia davidii (except accepted sterile cultivars)	butterfly bush
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 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
Ficaria verna	lesser celandine
Galega officinalis	goatsrue
Genista monspessulana	French broom
Geranium lucidum	shiny geranium
Glossostigma diandrum	mud mat
Glyceria maxima	reed sweetgrass, tall manna grass
Gymnocoronis spilanthoides	Senegal tea plant
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))
Hieracium spp. All nonnative species and hybrids	nonnative hawkweeds
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
Lamiastrum galeobdolon	yellow archangel
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
Marsilea mutica	Australian water clover
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 14-07-040, filed 3/12/14, effective 4/12/14)

WAC 16-752-640 Compliance agreements.

The director may allow activities prohibited under this chapter by compliance agreement. Such compliance agreement shall specify the terms and conditions under which such activities are allowed. A fee may be charged for these services under ((chapter 16-470)) WAC 16-401-027 or 16-470-912 and 16-470-921.