Subject of Possible Rule Making: To place additional noxious weed species on, and to otherwise modify, the existing noxious weed seed and plant quarantine lists, WAC 16-752, and to review and update provisions of this rule.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 17.10 and 17.24 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amendment of the existing noxious weed seed and plant quarantine rule was requested by the Washington State Noxious Weed Control Board and the Washington State Weed Coordinators Association. The existing rule lists those noxious weed species which are attractive (i.e. pretty flowers or foliage) for nursery sale. However, the current trend towards unusual herbs, medicinal plants, and other, lesser known species has made expansion of the quarantine list desirable, since formerly unavailable, invasive noxious species are now entering distribution channels. The quarantine is intended to prevent the introduction and spread of these species in this state.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Agriculture (USDA) APHIS regulates a small number of species under the federal noxious weed regulations. However, the federal list is mainly intended to apply to international shipment, and the federal agency is not usually active in interstate or intrastate noxious weed regulation. The state office of USDA APHIS will be notified. The Washington State Noxious Weed Control Board establishes the state noxious weed list under authority of RCW 17.10. It requested changes in Washington State Department of Agriculture quarantine rules to complement its own and the county noxious weed boards' efforts.

Process for Developing New Rule: The Washington State Noxious Weed Control Board and the Washington State Weed Coordinators Association have requested the changes to this rule. Representatives of the Washington State Department of Agriculture discuss options for specific provisions of the proposal with the board, county agencies, and stakeholders such as the Nursery Advisory Board, and then publish the rule proposal.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mary A. Martin Toohey, Assistant Director, Washington State Department of Agriculture, Laboratory Services Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094; and/or Lisa Lantz, Executive Director, Washington State Noxious Weed Control Board, 1851 South Central Place, Suite 211, Kent, WA 98031-7507, phone (253) 872-2972, fax (253) 872-6320.

August 18, 1999

Mary A. Martin Toohey

Assistant Director