Date of Adoption: November 16, 1999.

Purpose: The state Noxious Weed Control Board has amended the state noxious weed list to add species determined to be noxious, to change areas designated for control of some noxious weeds, and to delete a noxious weed from the list. The board also added an attendance policy for state Noxious Weed Control Board members and made several minor changes throughout the WAC to improve clarity and readability.

Citation of Existing Rules Affected by this Order: Repealing WAC 16-750-175 and 16-750-190; and amending WAC 16-750-001, 16-750-003, 16-750-004, 16-750-005, 16-750-011, 16-750-015, 16-750-020, 16-750-025, 16-750-105, 16-750-115, 16-750-120, 16-750-130, 16-750-135, 16-750-140, 16-750-145, 16-750-150, 16-750-155, 16-750-165, and 16-750-185.

Statutory Authority for Adoption: Chapter 17.10 RCW.

Adopted under notice filed as WSR 99-20-137 on October 6, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 1.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 16, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 11, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: January 3, 2000.

November 23, 1999

Lisa E. Lantz

Executive Secretary

OTS-3479.1

AMENDATORY SECTION(Amending WSR 91-24-072, filed 12/2/91, effective 1/2/92)

WAC 16-750-001
State noxious weed list -- Purpose.

In accordance with RCW 17.10.080 a state noxious weed list ((comprising)) of the names of those plants which the state noxious weed control board finds to be highly destructive, competitive, or difficult to control by cultural or chemical practices is ((hereby)) adopted ((in this chapter)).

[Statutory Authority: Chapter 17.10 RCW.  91-24-072, § 16-750-001, filed 12/2/91, effective 1/2/92.  Statutory Authority: RCW 17.10.080.  88-07-016 (Order 22, Resolution No. 22), § 16-750-001, filed 3/7/88.]

(1) The definitions ((set forth)) in this section shall apply throughout this chapter, unless the context ((otherwise)) plainly requires otherwise:

(a) "Action" means the transaction of the official business of the Washington state noxious weed control board including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, and final actions.

(b) "Board" means the Washington state noxious weed control board, or a duly authorized representative.

(c) "Director" means the director of the department of agriculture, or the director's appointed representative.

(d) "Executive secretary" means the executive secretary of the Washington state noxious weed control board.

(e) "Department" means the department of agriculture of this state.

(f) (("Person" means any individual, partnership, corporation, firm, or any other entity.

(g))) "Final action" means a collective positive or negative decision, or an actual vote by a majority of board members when sitting as a body or entity, upon a motion, proposal, resolution, or order.

(((h))) (g) "Meeting" means meetings at which action is taken.

(((i))) (h) "Regular meetings" means recurring meetings held in accordance with a periodic schedule ((declared by)) in compliance with applicable statute or rule.

(2) The definitions ((set forth)) in this subsection ((shall)) apply throughout this chapter, chapter 17.10 RCW, and any rules adopted thereunder unless the context ((otherwise)) plainly requires otherwise:

(a) "Control" means to prevent all seed production and to prevent the dispersal of the following propagules of aquatic noxious weeds - turions, fragments, tubers, and nutlets.

(b) "Contain" means to confine a noxious weed and its propagules to an identified area of infestation.

(c) "Eradicate" means to eliminate a noxious weed within an area of infestation.

(d) "Prevent the spread of noxious weeds" means to contain noxious weeds.

(e) Class A noxious weeds are those noxious weeds not native to the state that are of limited distribution or are unrecorded in the state and that pose a serious threat to the state.

(f) Class B noxious weeds are those noxious weeds not native to the state that are of limited distribution or are unrecorded in a region of the state and that pose a serious threat to that region.

(g) "Class B designate" means those Class B noxious weeds whose populations in a region or area are such that all seed production can be prevented within a calendar year.

(h) Class C are any other noxious weeds.

(3) Any county noxious weed control board may enhance the clarity of any definition contained in subsection (2) of this section, making that definition more specific, but shall not change its general meaning.

[Statutory Authority: Chapter 17.10 RCW.  97-06-108, § 16-750-003, filed 3/5/97, effective 4/5/97; 93-01-004, § 16-750-003, filed 12/2/92, effective 1/2/93; 91-24-072, § 16-750-003, filed 12/2/91, effective 1/2/92; 91-01-016, § 16-750-003, filed 12/7/90, effective 1/7/91; 90-01-004, § 16-750-003, filed 12/7/89, effective 1/7/90; 88-18-001 (Order 24, Resolution No. 24), § 16-750-003, filed 8/25/88.]

The state of Washington is divided into ten regions for the purpose of designating Class B noxious weeds.

(1) Region 1 description.  A region consisting of all lands lying within the boundaries of Clallam and Jefferson counties.

(2) Region 2 description.  A region consisting of all lands lying within the boundaries of Whatcom, Skagit, Snohomish, San Juan, and Island counties.

(3) Region 3 description.  A region consisting of:

(a) All lands lying within the boundaries of Okanogan County.

(b) All lands lying within the boundaries of Chelan and Douglas counties and north of Highway 2.

(4) Region 4 description.  A region consisting of:

(a) All lands lying within the boundaries of Ferry, Stevens, and Pend Oreille counties.

(b) All lands lying within the boundaries of Spokane County and north of the Spokane River.

(5) Region 5 description.  A region consisting of all lands lying within the boundaries of Grays Harbor, Mason, Kitsap, Thurston, Pierce, and King counties.

(6) Region 6 description.  A region consisting of:

(a) All lands lying within the boundaries of Kittitas and Grant counties.

(b) All lands lying within the boundaries of Chelan and Douglas counties and south of Highway 2.

(c) All lands lying within the boundaries of Yakima County and north of Highway 12 from the Yakima -- Lewis County line to Yakima and north of Highway 82 from Yakima to the Yakima -- Kittitas County line.

(d) All lands lying within the boundaries of Ranges 28E, 29E, and 30E of Adams County.

(7) Region 7 description.  A region consisting of:

(a) All lands lying within the boundaries of Lincoln and Whitman counties.

(b) All lands lying within the boundaries of Spokane County and south of the Spokane River.

(c) All lands lying ((with)) within the boundaries of Ranges 31E, 32E, 33E, 34E, 35E, 36E, 37E, and 38E of Adams County.

(8) Region 8 description.  A region consisting of all lands lying within the boundaries of Pacific, Lewis, Wahkiakum, Cowlitz, Skamania, and Clark counties.

(9) Region 9 description.  A region consisting of:

(a) All lands lying within the boundaries of Benton and Klickitat counties.

(b) All lands lying within the boundaries of Yakima County and south of Highway 12 from the Yakima -- Lewis County line to Yakima and south of Highway 82 from Yakima to the Yakima -- Kittitas County line.

(c) All lands lying within the boundaries of Franklin County and west of Highway 395.

(10) Region 10 description.  A region consisting of:

(a) All lands lying within the boundaries of Asotin, Garfield, Columbia, and Walla Walla counties.

(b) All lands lying within the boundaries of Franklin County and east of Highway 395.

[Statutory Authority: Chapter 17.10 RCW.  91-24-072, § 16-750-004, filed 12/2/91, effective 1/2/92; 88-18-001 (Order 24, Resolution No. 24), § 16-750-004, filed 8/25/88.]

Common Name	Scientific Name
bean-caper, Syrian	Zygophyllum fabago
blueweed, Texas	Helianthus ciliaris
broom, Spanish	Spartium junceum
buffalobur	Solanum rostratum
clary, meadow	Salvia pratensis
cordgrass, salt meadow	Spartina patens
crupina, common	Crupina vulgaris
flax, spurge	Thymelaea passerina
four o'clock, wild	Mirabilis nyctaginea
goatsrue	Galega officinalis
hawkweed, yellow devil	Hieracium floribundum
hogweed, giant	Heracleum mantegazzianum
hydrilla	Hydrilla verticillata
johnsongrass	Sorghum halepense
knapweed, bighead	Centaurea macrocephala
knapweed, Vochin	Centaurea nigrescens
lawnweed	Soliva sessilis
mustard, garlic	Alliaria petiolata
nightshade, silverleaf	Solanum elaeagnifolium
((peganum	Peganum harmala))
sage, clary	Salvia sclarea
sage, Mediterranean	Salvia aethiopis
saltcedar	Tamarix ramosissima
spurge, eggleaf	Euphorbia oblongata
starthistle, purple	Centaurea calcitrapa
thistle, Italian	Carduus pycnocephalus
thistle, milk	Silybum marianum
thistle, slenderflower	Carduus tenuiflorus
velvetleaf	Abutilon theophrasti
woad, dyers	Isatis tinctoria

[Statutory Authority: Chapter 17.10 RCW.  98-24-026, § 16-750-005, filed 11/23/98, effective 1/2/99; 97-24-051, § 16-750-005, filed 11/26/97, effective 1/2/98.  Statutory Authority: RCW 17.10.080. 96-06-030, § 16-750-005, filed 2/29/96, effective 3/31/96. Statutory Authority: Chapter 17.10 RCW.  93-01-004, § 16-750-005, filed 12/2/92, effective 1/2/93; 91-24-072, § 16-750-005, filed 12/2/91, effective 1/2/92; 91-01-016, § 16-750-005, filed 12/7/90, effective 1/7/91; 90-01-004, § 16-750-005, filed 12/7/89, effective 1/7/90; 88-24-002 (Order 26, Resolution No. 26), § 16-750-005, filed 11/29/88. Statutory Authority: RCW 17.10.080.  88-07-016 (Order 22, Resolution No. 22), § 16-750-005, filed 3/7/88.]

Name	Will be a "Class B designate" in all lands lying within:
(1)blackgrass Alopecurus myosuroides	(a)	regions 1, 2, 3, 5, 6, 8, 9, 10
	(b)	Ferry, Stevens, Pend Oreille counties of region 4
	(c)	Adams County of region 7.
(2)blueweed Echium vulgare	(a)	regions 1, 2, 3, 4, 5, 6, 8, 9, 10
	(b)	region 7 except for an area starting at the Stevens County line on SR 291 south to the SR 291 bridge over the Little Spokane River, thence upstream along the Little Spokane River to the first Rutter Parkway Bridge; thence south along the Rutter Parkway to the intersection of Rutter Parkway and Indian Trail Road; thence southerly along Indian Trail Road to a point three miles south (on section line between sections 22 and 27, T-26N, R-42E); thence due west to a point intersecting the line between Ranges 41 and 42; thence north along this line to a point 1/4 mile south of Charles Road; thence northwesterly parallel to Charles Road to a point 1/4 miles south of the intersection of Charles Road and West Shore Road; thence northerly along West Shore Road to the Spokane River (Long Lake); thence southeasterly along the Spokane River to the point of beginning.
(3)broom, Scotch Cytisus scoparius	(a)	regions 3, 4, 6, 7, 9, 10.
(4)bryony, white Bryonia alba	(a)	regions 1, 2, 3, 4, 5, 6, 8, 9
	(b)	region 7 except Whitman County
	(c)	Franklin County of region 10.
(5)bugloss, common Anchusa officinalis	(a)	regions 1, 2, 3, 5, 6, 8, 9, 10
	(b)	region 4 except Stevens and Spokane counties
	(c)	Lincoln, Adams, and Whitman counties of region 7.
(6)bugloss, annual Anchusa arvensis	(a)	regions 1, 2, 3, 4, 5, 6, 8, 9
	(b)	Lincoln and Adams counties
	(c)	Whitman County except ranges 43 through 46 East of Townships 16 through 20 North.
(7)camelthorn Alhagi maurorum	(a)	regions 1, 2, 3, 4, 5, 7, 8, 9
	(b)	region 6 except those portions of Sections 23, 24, 25, and 29 through 36, T16N, R27E, W.M. lying outside Intercounty Weed District No. 52 and except Sections 1 through 12, T15N, R27E, W.M. in Grant County and except the area west of Highway 17 and north of Highway 26 in Adams County
	(c)	Franklin, Columbia, Garfield, and Asotin counties of region 10
	(d)	an area beginning at the Washington -- Oregon border at the southwest portion of section 5, R32E, T6N, then north to the northwest corner of section 3, R32E, T7N, then east to the northeast corner of section 3, R36E, T7N, then south to southeast portion of section 15, R36E, T6N, at the Washington -- Oregon border, then west along the Washington --Oregon border to the point of beginning.
(8)carrot, wild Daucus carota	(a)	regions 3, 7, 10 (except where intentionally cultivated)
	(b)	Spokane and Ferry counties of region 4 (except where intentionally cultivated)
	(c)	region 6, except Yakima County (except where intentionally cultivated)
	(d)	region 9, except Yakima County (except where intentionally cultivated).
(9)catsear, common Hypochaeris radicata	(a)	regions 3, 4, 6, 7, 10
	(b)	region 9 except Klickitat County.
(10)chervil, wild Anthriscus sylvestris	(a)	regions 1, ((2,)) 3, 4, 6, 7, ((8,)) 9, 10
	(b)	region 5 except those portions of Thurston County within T 15, 16, 17N, R2, 3, 4W
	(c)	region 2 except Guemes Island in Skagit County
	(d)	region 8 except Clark County.
(11)cinquefoil, sulfur Potentilla recta	(a)	regions 1, 3, 8, 10
	(b)	region 2 except Skagit County
	(c)	region 4 except Stevens, Ferry, and Pend Oreille counties
	(d)	region 5 except Thurston County
	(e)	region 6 except Yakima County
	(f)	region 7 except Spokane County
	(g)	region 8 except Lewis County
	(h)	region 9 except Klickitat County.
(12)cordgrass, smooth Spartina alterniflora	(a)	regions 1, 3, 4, 5, 6, 7, 9, 10
	(b)	region 2 except Padilla Bay of Skagit County
	(c)	region 8 except bays and estuaries of Pacific County.
(13)cordgrass, common Spartina anglica	(a)	regions 1, 3, 4, 5, 6, 7, 8, 9, 10
	(b)	region 2 except bays and estuaries of Skagit and Island counties and except bays and estuaries north of Everett in Snohomish County.
(14)daisy, oxeye Leucanthemum vulgare	(a)	regions 7, 10
	(b)	region 9 except those areas lying within Klickitat and Yakima counties west of Range 13 East
	(c)	region 6 except those areas lying within Yakima and Kittitas counties west of Range 13 E.
(15)elodea, Brazilian Egeria densa	(a)	regions 3, 4, 6, 7, 9, 10
	(b)	Lewis County of region 8
	(c)	Clallam County of region 1.
(16)fanwort Cabomba caroliniana	(a)	regions 1, 2, 3, 4, 5, 6, 7, 9, 10
	(b)	region 8 except T8N, R3W of Cowlitz County.
(17)fieldcress, Austrian Rorippa austriaca	(a)	regions 1, 2, 3, 4, 5, 6, 8, 9
	(b)	regions 7 and 10 except within the Palouse River Canyon from Big Palouse Falls to the Snake River.
(18)gorse Ulex europaeus	(a)	regions 3, 4, 6, 7, 9, 10
	(b)	Skagit and Whatcom counties of region 2
	(c)	Thurston, Pierce, and King counties of region 5
	(d)	Wahkiakum, Cowlitz, and Lewis counties of region 8
	(e)	Clallam County of region 1.
(19)hawkweed, mouseear Hieracium pilosella	(a)	regions 1, 2, 3, 4, 6, 7, 8, 9, 10
	(b)	region 5 except Thurston County
	(c)	Thurston County lying within T17N, R1W, S31; T16N, R2W, S30 W1/2; T16N, R3W, S25, SE1/4; T16N, R3W, S36, N1/2; T16N, R2W, S31, NW1/4.
(20)hawkweed, orange Hieracium aurantiacum	(a)	regions 3, 6, 9, 10
	(b)	Clallam County of region 1
	(c)	Skagit County of region 2
	(d)	Ferry County of region 4
	(e)	Thurston and King counties of region 5
	(f)	Lincoln and Adams counties of region 7
	(g)	Lewis County of region 8.
(21)hawkweed, polar Hieracium atratum	(a)	regions 1, 2, 3, 4, 6, 7, 8, 9, 10
	(b)	region 5 outside the boundaries of Mt. Rainier National Park.
(22)hawkweed, smooth Hieracium laevigatum	(a)	regions 1, ((2,)) 3, 4, 5, 6, 7, 8, 9, 10
	(b)	San Juan ((and)), Island, and Skagit counties of region 2.
(23)hawkweed, yellow Hieracium caespitosum	(a)	regions 1, 2, 3, 5, 6, 7, 8, 10
	(b)	region 4 except north of T32N in Pend Oreille County and east Highway 395 and north of Highway 20 in Stevens County
	(c)	region 9 except sections 32, 33 and 34 of T6N, R12E, and sections 4, 5, 6, and 7 of T5N, R12E, and section 12 of T5N, R11E, of Klickitat County.
(24)hedgeparsley Torilis arvensis	(a)	regions 1, 2, 3, 4, 5, 6, 7, 8, 10
	(b)	Yakima, Benton, Franklin counties
	(c)	Klickitat County except those lands lying within T4N, R10E, R11E, R12E, R13E, R14E; T3N, R10E, R11E, R12E, R13E; T2N, R12E, R13E.
(25)helmet, policeman's Impatiens glandulifera	(a)	regions 1, 3, 4, 6, 7, 8, 9, 10
	(b)	region 2 except Whatcom County
	(c)	region 5 except Pierce ((County)) and Thurston counties.
(26)herb-Robert Geranium robertianum	(a)	regions 3, 4, 6, 7, 9, 10
(27)houndstongue Cynoglossum officinale	(a)	Kittitas County of region 6.
(28)indigobush Amorpha fruticosa	(a)	regions 1, 2, 3, 4, 5, 6
	(b)	regions 7 and 10 except within 200 feet of the Snake River from Central Ferry downstream
	(c)	regions 8, 9, and 10 except within 200 feet of the Columbia River.
(((28))) (29)knapweed, black Centaurea nigra	(a)	regions 1, 2, 3, 4, 5, 7, 9, 10
	(b)	region 6 except Kittitas County
	(c)	region 8 except Clark County.
(((29))) (30)knapweed, brown Centaurea jacea	(a)	regions 1, 2, 3, 4, 5, 7, 9, 10
	(b)	region 6 except Kittitas County
	(c)	region 8 except Clark County.
(((30))) (31)knapweed, diffuse Centaurea diffusa	(a)	regions 1, 2, 5, 8
	(b)	Grant County lying in Townships 13 through 16 North, Ranges 25 through 27 East; Townships 17 and 18 N., Ranges 25 through 30 East; Townships 19 and 20 North, Ranges 29 and 30 East; T21N, R23E, Sections 1 through 30; T21N, R26E., Sections 5, 6, 7, 8, 17, and 18; East 1/2 Township 21N, Range 27E.; T21N, Ranges 28 through 30 E; those portions of Townships 22 through 28N, Ranges 28 through 30 E.; those portions of Township 22 through 28N., Ranges 23 through 30E. lying in Grant County; all W.M.
	(c)	Adams County except those areas within T15N, R36E, Section 36; T15N, R37E, Sections 22, 26, 27, 28, 31, 32, 33 and 34; T15N, R37E, western half of Sections 23, 24 and 25; T15N, R38E, Sections 2, 10, 11, 14, 15, 19 and 20; T16N, R38E, Sections 34 and 35; T17N, R37E, Sections 5 and 6
	(d)	Franklin County of regions 9 and 10.
(((31))) (32)knapweed, meadow Centaurea jacea x nigra	(a)	regions 1, 2, 3, 4, 5, 7, 9, 10
	(b)	region 6 except Kittitas County
	(c)	region 8 except Clark County.
(((32))) (33)knapweed, Russian Acroptilon repens	(a)	regions 1, 2, 5, 7, 8
	(b)	region 4 except that area lying within the boundaries of the Colville Indian Reservation within Ferry County
	(c)	Adams County of region 6 except for the area west of Highway 17 and North of Highway 26
	(d)	Intercounty Weed District No. 52
	(e)	region 10 except Franklin County.
(((33))) (34)knapweed, spotted Centaurea biebersteinii	(a)	regions 1, 2, 3, 5, 6, 8, 9
	(b)	Ferry County of region 4
	(c)	Adams and Whitman counties of region 7
	(d)	region 10 except Garfield County.
(35)knotweed, giant Polygonum sachalinense	(a)	Kittitas County of region 6.
(36)knotweed, Japanese Polygonum cuspidatum	(a)	Kittitas County of region 6.
(((34))) (37)kochia kochia scoparia	(a)	Skagit and Whatcom counties of region 2
	(b)	Pend Oreille County of region 4
	(c)	King County of region 5
	(d)	Kittitas County of region 6.
(((35))) (38)lepyrodiclis Lepyrodiclis holosteoides	(a)	regions 1, 2, 3, 4, 5, 6, 8, 9, 10
	(b)	region 7 except an area within Whitman County east of the Pullman --Wawawai Road from Wawawai to Pullman and south of State Highway 270 from Pullman to Moscow, Idaho.
(((36))) (39)loosestrife, garden Lysimachia vulgaris	(a)	regions 1, 2, 3, 4, 6, 7, 8, 9, 10
	(b)	region 5 except King County
	(c)	Those portions of King County lying north of I-90 and east of the line extending from SR522 to SR202 to E. Lake Sammamish Parkway; west of I-5 including Vashon Island; south of I-90 and east and south of I-405 to the county line.
(((37))) (40)loosestrife, purple Lythrum salicaria	(a)	regions 1, 4, 7, 8
	(b)	region 2 except Snohomish County
	(c)	region 3 except within 100 feet of the ordinary highwater mark of the Okanogan River from the Canadian border south to Riverside
	(d)	Grays Harbor, Mason, Kitsap, and Thurston counties of region 5
	(e)	Those portions of King County lying north of I-90 and east of the line extending from SR522 to SR202 to E. Lake Sammamish Parkway; west of I-5 including Vashon Island; south of I-90 and east and south of I-405 to the county line
	(f)	Pierce County, except those areas lying within T2D, 21, 22N, R1W and R1E, all sections
	(g)	region 6 except that portion of Grant County lying northerly of the Frenchmen Hills-O'Sullivan Dam Road, southerly of Highway Interstate 90, easterly of the section line of the location of County Road J SW/NW if constructed and westerly of the section line of the location of County Road H SE/NE if constructed
	(h)	region 9 except Benton County
	(i)	region 10 except Walla Walla County
	(j)	Intercounty Weed Districts No. 51 and No. 52.
(((38))) (41)loosestrife, wand Lythrum virgatum	(a)	regions 1, 4, 7, 8
	(b)	region 2 except Snohomish County
	(c)	region 3 except within 100 feet of the ordinary highwater mark of the Okanogan River from the Canadian border south to Riverside
	(d)	region 5 except King County
	(e)	Those portions of King County lying north of I-90 and east of the line extending from SR522 to SR202 to E. Lake Sammamish Parkway; west of I-5 including Vashon Island; south of I-90 and east and south of I-405 to the county line
	(f)	region 6 except that portion of Grant County lying northerly of the Frenchmen Hills-O'Sullivan Dam Road, southerly of Highway Interstate 90, easterly of the section line of the location of County Road J SW/NW if constructed and westerly of the section line of the location of County Road H SE/NE if constructed
	(g)	region 9 except Benton County
	(h)	region 10 except Walla Walla County
	(i)	Intercounty Weed Districts No. 51 and No. 52.
(((39))) (42)nutsedge, yellow Cyperus esculentus	(a)	regions 1, 2, 3, 4, 5, 7, 8
	(b)	region 6 except those areas lying between State Highway 26 and State Highway 28, and westerly of Dodson Road in Grant County, and except S 1/2, Sec. 2, T20N, R25E., W.M.
	(c)	region 9 except:
		(i)	except those areas lying within the following boundary description within Yakima County: Beginning at the intersection of Highway 12 and Parker Heights Road and continuing easterly to Konnowac Pass Road follow said road north to the intersection of Konnowac Pass Road and Nightingale Road. The northern boundary shall be the Roza Canal, continuing from the established point at Nightingale Road. The boundaries will follow the Roza Canal easterly to the County Line Road. The east boundaries will be the Yakima/Benton County Line from a point beginning at the County Line and Highway 22 (near Byron) continuing westerly along Highway 22 (to near the city of Mabton) to the intersection of Highway 22 and the Reservation Boundary (Division Road) and continuing north to the Yakima River. Then it will follow the river northwest to the Wapato-Donald Road continuing north along said road to Highway 12 then Highway 12 to Parker Heights Road.
		(ii)	an area lying southerly of State Route 14 and within T2N, Ranges 13 and 14 E of Klickitat County
	(d)	region 10 except Walla Walla County.
(((40))) (43)oxtongue, hawkweed Picris hieracioides	(a)	regions 1, 2, 3, 4, 5, 6, 7, 9, 10
	(b)	region 8 except Skamania County.
(((41))) (44)parrotfeather Myriophyllum aquaticum	(a)	regions 1, 2, 3, 4, 5, 6, 7, 9, 10
	(b)	region 8 except Clark, Cowlitz, and Wahkiakum counties.
(((42))) (45)pepperweed, perennial Lepidium latifolium	(a)	regions 1, 2, 3, 4, 5, 7, 8, 10
	(b	Intercounty Weed Districts No. 51 and 52
	(c)	Kittitas County of region 6
	(d)	Adams County of region 6 except for the area west of Highway 17 and north of Highway 26.
(46)primrose, water Ludwigia hexapetala	(a)	regions 1, 2, 3, 4, 5, 6, 7, 9, 10
	(b)	region 8 except T8N, R3W, S14 of Cowlitz County.
(((43))) (47)puncturevine Tribulus terrestris	(a)	Skagit County of region 2
	(b)	Kittitas County of region 6
	(c)	Adams County
	(d)	Clallam County of region 1.
(((44))) (48)ragwort, tansy Senecio jacobaea	(a)	regions 3, 4, 6, 7, 9, 10
	(b)	region 5, that portion of Pierce County lying south or east of a boundary beginning at the White River and State Highway 410, then west along State Highway 410 to intersection with State Highway 162 (Orting) to intersection with Orville Road, then south along Orville Road to intersection with Kapowsin Highway (304th Street East), then west following Kapowsin Highway to intersection with State Route 7, then south along State Route 7 to intersection with State Route 702, then west along State Route 702 to intersection with State Route 507, then southwest along State Route 507 to intersection with the Nisqually River.
(((45))) (49)rocket, garden Eruca Vesicaria ssp. sativa	(a)	regions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 (except where intentionally cultivated).
(((46))) (50)sandbur, longspine Cenchrus longispinus	(a)	regions 1, 2, 3, 4, 5, 7, 8
	(b)	Adams County of region 6 except for that area lying within Intercounty Weed District No. 52
	(c)	Intercounty Weed District No. 51
	(d)	Kittitas County of region 6.
(((47))) (51)skeletonweed, rush Chondrilla juncea	(a)	regions 1, 2, 3, 5, 8, 9
	(b)	Franklin County except T13N, R36E; and T14N, R36E
	(c)	Adams County except those areas lying east of a line running north from Franklin County along the western boundary of Range 36 East to State Highway 26 then north on Sage Road until it intersects Lee Road, then due north until intersection with Providence Road, then east to State Highway 261, then north along State Highway 261 to its intersection with Interstate 90, henceforth on a due north line to intersection with Bauman Road, then north along Bauman Road to its terminus, then due north to the Lincoln County line.
	(d)	region 6 except that portion lying within Grant County that is southerly of State Highway 28, northerly of Interstate Highway 90 and easterly of Grant County Road E Northwest
	(e)	Stevens County north of Township 33 North of region 4
	(f)	Ferry and Pend Oreille counties of region 4
	(g)	Asotin County of region 10
	(h)	Garfield and Columbia counties south of Highway 12
	(i)	Whitman County lying in Ranges 43 through 46 East of Townships 15 through 20 North; T14N, Ranges 44 through 46 East; and T13N, Ranges 45 and 46 East.
(((48))) (52)Snapdragon, dwarf Chaenorrhinum minus	(a)	regions 1, 2, 3, 5, 6, 8, 9, 10
	(b)	region 4 except Spokane County
	(c)	region 7 except Spokane County.
(((49))) (53)sowthistle, perennial Sonchus arvensis ssp. arvensis	(a)	regions 1, 2, 3, 4, 7, 8, 9, 10
	(b)	Adams County of region 6
	(c)	region 5 except for sections 28, 29, 30, 31, 32, and 33 in T19N, R1E of Thurston and Pierce counties.
(((50))) (54)spurge, leafy Euphorbia esula	(a)	regions 1, 2, 3, 4, 5, 6, 8, 9, 10
	(b)	region 7 except as follows:
		(i)	T27N, R37E, Sections 34, 35, 36; T27N, R38E, Sections 31, 32, 33; T26N, R37E, Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 16, 26; T26N, R38E, Sections 5, 6, 7, 8 of Lincoln County
		(ii)	T24N, R43E, Section 12, Qtr. Section 3, Parcel No. 9068 of Spokane County.
(((51))) (55)starthistle, yellow Centaurea solstitialis	(a)	regions 1, 2, 3, 5, 6, 8
	(b)	region 4 except those areas within Stevens County bounded by a line beginning at the intersection of State Highway 20 and State Highway 25, then north to intersection with Pinkston Creek Road, then east along Pinkston Creek Road to intersection with Highland Loop Road, then south along Highland Loop Road to intersection with State Highway 20, then west along State Highway 20 to intersection with State Highway 25
	(c)	region 7 except those areas within Whitman County lying south of State Highway 26 from the Adams County line to Colfax and south of State Highway 195 from Colfax to Pullman and south of State Highway 270 from Pullman to the Idaho border
	(d)	Franklin County
	(e)	region 9 except Klickitat County
	(f)	in all lands lying within Asotin County, Region 10, except as follows: T11N, R44E, Sections 25, 26, 27, 28, 29, 31, 32, 33, 34, and 35; T11N, R45E, Sections 21, 22, 23, and 25; T11N, R36E, Sections 19, 20, 21, 28, 29, 30, 31, 32, and 33; T10N, R44E, Sections 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 15, and 16; T10N, R45E, Sections 23 and 24; T10N, R46E, Sections 7, 8, 17, 18, 19, 20, 21, 22, 27, 34, and 35; T9N, R46E, Sections 1, 2, 12, 13, 14, 23, 24, 25, 26, 35, and 36; T9N, R47E, Sections 18, 19, 30, and 31; T8N, R46E, Sections 1, 2, 3, 9, 10, 11, 12, 13, 14, 15, 16, 23, and 24; T8N, R47E, Sections 8, 17, 18, 19, 20, 29, 30, 31, and 32.
(((52))) (56)Swainsonpea Sphaerophysa salsula	(a)	regions 1, 2, 3, 4, 5, 7, 8
	(b)	Columbia, Garfield, Asotin, and Franklin counties
	(c)	an area beginning at the Washington -- Oregon border at the southwest portion of Section 15, R32E, T6N, then north to the northwest corner of Section 3, R32E, T7N, then east to the northeast corner of Section 3, R36E, T7N, then south to the southeast portion of Section 15, R36E, T6N, at the Washington -- Oregon border, then west along the Washington -- Oregon border to the point of beginning
	(d)	Weed District No. 3 of Grant County
	(e)	Adams County of region 6.
(((53))) (57)thistle, musk Carduus nutans	(a)	regions 1, 2, 3, 5, 6, 7, 8, 9, 10
	(b)	Spokane and Pend Oreille counties.
(((54))) (58)thistle, plumeless Carduus acanthoides	(a)	regions 1, 2, 3, 5, 6, 7, 8, 9, 10
	(b)	region 4 except those areas within Stevens County lying north of State Highway 20.
(((55))) (59)thistle, Scotch Onopordum acanthium	(a)	regions 1, 2, 3, 4, 5, 6, 8, 9
	(b)	region 7 except for those areas within Whitman County lying south of State Highway 26 from the Adams County line to Colfax and south of State Highway 195 from Colfax to Pullman and south of State Highway 270 from Pullman to the Idaho border
	(c)	Franklin County.
(((56))) (60)toadflax, Dalmatian Linaria dalmatica ssp. dalmatica	(a)	regions 1, 2, 5, 8, 10
	(b)	Douglas County of region 3 lying south of T25N, west of R25E, and east of R28E
	(c)	Okanogan County lying within T 33, 34, 35N, R19, 20, 21, 22E, except the southwest, southeast, and northeast quarters of the northeast quarter of section 27, T35N, R21E; and the northeast quarter of the southeast quarter of section 27, T35N, R21E
	(d)	Kittitas, Chelan, Douglas, and Adams counties of region 6
	(e)	Intercounty Weed District No. 51
	(f)	Weed District No. 3 of Grant County
	(g)	Lincoln and Adams counties
	(h)	The western two miles of Spokane County of region 7
	(i)	region 9 except as follows:
		(i)	those areas lying within Yakima County
		(ii)	those areas lying west of the Klickitat River and within Klickitat County.
(((57))) (61)watermilfoil, Eurasian Myriophyllum spicatum	(a)	regions 1, 9, 10
	(b)	region 7 except Spokane County
	(c)	region 8 except within 200 feet of the Columbia River
	(d)	Adams County of region 6
	(e)	in all water bodies of public access, except the Pend Oreille River, in Pend Oreille County of region 4.

[Statutory Authority: Chapter 17.10 RCW.  98-24-026, § 16-750-011, filed 11/23/98, effective 1/2/99; 97-24-051, § 16-750-011, filed 11/26/97, effective 1/2/98; 97-06-108, § 16-750-011, filed 3/5/97, effective 4/5/97.  Statutory Authority: RCW 17.10.080.  96-06-030, § 16-750-011, filed 2/29/96, effective 3/31/96.  Statutory Authority: Chapter 17.10 RCW.  95-06-002, § 16-750-011, filed 2/16/95, effective 3/19/95; 94-01-076, § 16-750-011, filed 12/10/93, effective 1/10/94; 93-01-004, § 16-750-011, filed 12/2/92, effective 1/2/93; 91-24-072, § 16-750-011, filed 12/2/91, effective 1/2/92; 91-01-016, § 16-750-011, filed 12/7/90, effective 1/7/91; 90-01-004, § 16-750-011, filed 12/7/89, effective 1/7/90; 88-24-002 (Order 26, Resolution No. 26), § 16-750-011, filed 11/29/88; 88-18-001 (Order 24, Resolution No. 24), § 16-750-011, filed 8/25/88.  Statutory Authority: RCW 17.10.080.  88-07-016 (Order 22, Resolution No. 22), § 16-750-011, filed 3/7/88.]

Common Name	Scientific Name
babysbreath	Gypsophila paniculata
beard, old man's	Clematis vitalba
bindweed, field	Convolvulus arvensis
canarygrass, reed	Phalaris arundinacea
cockle, white	Silene latifolia ssp. alba
cocklebur, spiny	Xanthium spinosum
cress, hoary	Cardaria draba
dodder, smoothseed alfalfa	Cuscuta approximata
goatgrass, jointed	Aegilops cylindrica
henbane, black	Hyoscyamus niger
houndstongue	Cynoglossum officinale
knotweed, giant	Polygonum sachalinense
knotweed, Japanese	Polygonum cuspidatum
mayweed, scentless	Matricaria perforata
poison-hemlock	Conium maculatum
rye, cereal	Secale cereale
spikeweed	Hemizonia pungens
St. Johnswort, common	Hypericum perforatum
tansy, common	Tanacetum vulgare
thistle, bull	Cirsium vulgare
thistle, Canada	Cirsium arvense
toadflax, yellow	Linaria vulgaris
((thistle, Canada	Cirsium arvense))
whitetop, hairy	Cardaria pubescens
wormwood, absinth	Artemisia absinthium

[Statutory Authority: Chapter 17.10 RCW.  98-24-026, § 16-750-015, filed 11/23/98, effective 1/2/99; 97-06-108, § 16-750-015, filed 3/5/97, effective 4/5/97.  Statutory Authority: RCW 17.10.080.  96-06-030, § 16-750-015, filed 2/29/96, effective 3/31/96.  Statutory Authority: Chapter 17.10 RCW.  95-06-002, § 16-750-015, filed 2/16/95, effective 3/19/95; 94-01-076, § 16-750-015, filed 12/10/93, effective 1/10/94; 93-01-004, § 16-750-015, filed 12/2/92, effective 1/2/93; 91-24-072, § 16-750-015, filed 12/2/91, effective 1/2/92; 91-01-016, § 16-750-015, filed 12/7/90, effective 1/7/91; 90-01-004, § 16-750-015, filed 12/7/89, effective 1/7/90; 88-24-002 (Order 26, Resolution No. 26), § 16-750-015, filed 11/29/88.  Statutory Authority: RCW 17.10.080.  88-07-016 (Order 22, Resolution No. 22), § 16-750-015, filed 3/7/88.]

Civil infractions under chapter 17.10 RCW shall be assessed a monetary penalty according to the following schedule:

(1) Any owner knowing of the existence of any noxious weeds on the owner's land who fails to control ((such)) the noxious weeds ((in accordance with chapter 17.10 RCW and the rules and regulations in force pursuant thereto shall)) will be assessed the following monetary penalties.  The penalties ((shall be)) are assessed per parcel, per noxious weed species, per day after expiration of the notice to control filed pursuant to RCW 17.10.170:

(a) Any Class A noxious weed:

1st offense within five years	$ 750
2nd and any subsequent offense	1,000

(b) Any Class B designate noxious weed in the noxious weed control region in which the land lies:

1st offense within five years	$ 500
2nd offense	750
3rd and any subsequent offense	1,000

(c) Any Class B nondesignate noxious weed in the noxious weed control region in which the land lies; or any Class C noxious weed:

1st offense within five years	$ 250
2nd offense	500
3rd offense	750
4th and any subsequent offense	1,000

(2) Any person who enters upon any land in violation of an order in force pursuant to RCW 17.10.210 ((shall)) will be assessed as follows:

1st offense within five years	$ 500
2nd offense	750
3rd and any subsequent offense	1,000

(3) Any person who interferes with the carrying out of the provisions of chapter 17.10 RCW shall be assessed as follows:

1st offense within five years	$ 500
2nd offense	750
3rd and any subsequent offense	1,000

[Statutory Authority: Chapter 17.10 RCW.  97-06-108, § 16-750-020, filed 3/5/97, effective 4/5/97; 93-01-004, § 16-750-020, filed 12/2/92, effective 1/2/93.]

The purpose of the monitor list is to gather more information on suspect weeds as well as monitor for occurrence or spread.  Information collected may be used to justify future inclusion on the state noxious weed list.  There is no ((legal or)) regulatory aspect to this list.  Reasons for plant inclusion on the monitor list include:

(1) ((A)) There is reason to believe the species is invasive or poses a potential threat to Washington.

(2) Additional information is needed on distribution, abundance, or biology.

(3) The species was once present in Washington and on the state noxious weed list.  It is now being monitored for reoccurrence.

(4) ((A)) There is need to verify existence (site investigation), verify identification, and/or obtain voucher specimen.

(5) It exists in an adjacent state or province or occurs on an adjacent state or province's noxious weed list and is not known ((from)) to occur in Washington.

Native species of Washington will not be included on the monitor list.  Each weed included on the monitor list will be included by vote of the noxious weed committee ((and will require a sponsor for monitoring)). A sponsor is required in order to place a weed on the monitor list.  The current monitor list is kept in the state noxious weed board office.

[Statutory Authority: Chapter 17.10 RCW.  93-01-004, § 16-750-025, filed 12/2/92, effective 1/2/93.]

The powers and duties of the board include:

(1) Adopting rules defining the words "control," "contain," "eradicate," and the term "prevent the spread of noxious weeds";

(2) Conducting elections to the board, and adopting rules as set forth in this chapter establishing a position number for each elected position to the board and ((designate)) designating in which county noxious weed control board members are eligible to vote for each elected position;

(3) Electing officers, conducting meetings, holding hearings, appointing committees, entering upon any property to administer chapter 17.10 RCW, and adopting the necessary rules to carry out its powers and duties identified herein;

(4) When petitioned, holding a hearing in a county to determine the need for activation of the county noxious weed control board and, if such a need is found to exist, ordering the county legislative authority to activate and appoint members to such board;

(5) Each year or more often, adopting a state noxious weed list, classifying the weeds on the list, and entering written findings for the inclusion of each weed on the list;

(6) Sending a copy of the state noxious weed list to each activated county noxious weed control board, regional noxious weed control board, weed district, and each county legislative authority of each county with an inactivated noxious weed control board;

(7) When petitioned and following a hearing, ordering any county noxious weed board to include a noxious weed from the state list on the county board or district's weed list;

(8) Adopting a schedule of monetary penalties for each violation of chapter 17.10 RCW classified as a civil infraction and submitting the schedule to the appropriate courts;

(9) Employing an executive secretary whose qualifications, duties, and responsibilities are set forth in this chapter and RCW ((17.10.060)) 17.10.070;

(10) Preparing and distributing a biennial written report showing the ((funds disbursed by the department to each noxious weed control board or weed district,)) expenditure of state funds on noxious weed control; specifying how the funds were spent((,)); the status of state, county, and district programs; recommending the continued best use of state funds((,)); and recommending the long-term needs regarding weed control;

(11) Advising the director as provided for in chapter 17.10 RCW.

[Statutory Authority: Chapter 17.10 RCW.  93-01-004, § 16-750-105, filed 12/2/92, effective 1/2/93.]

The board ((shall be)) is comprised of nine voting members and three nonvoting members selected as follows:

(1) Four of the members ((shall be)) are elected by the members of activated county noxious weed control boards eligible to vote for the elected position established by the state noxious weed board.  Two ((such)) members ((shall be)) are elected from the west side of the state, the crest of the Cascades being the dividing line, and two from the east side of the state.

(2) The director ((shall be)) is a voting member.

(3) One member ((shall be)) is elected by the directors of activated weed districts formed under chapter 17.04 or 17.06 RCW.

(4) The Washington state association of counties ((shall)) appoints one voting member who ((shall)) must be a member of a county legislative authority.

(5) The director ((shall)) appoints two voting members to represent the public interest, one from the west side and one from the east side of the state.

(6) The director ((shall)) appoints three nonvoting members representing scientific disciplines relating to weed control.

[Statutory Authority: Chapter 17.10 RCW.  93-01-004, § 16-750-115, filed 12/2/92, effective 1/2/93.]

(1) Nominations and elections to board positions ((shall be)) are conducted by regular mail.

(2) The board ((shall)) calls for nominations to elected positions at least sixty days prior to expiration of position terms.

(3) The board ((shall)) sends ballots to eligible activated county noxious weed control boards or weed district directors by regular mail at least forty-five days prior to expiration of each position term.

(4) Ballots ((shall)) must be returned no later than thirty days before expiration of each term. Only official ballots will be accepted. Photocopied ballots will be considered invalid.

(5) The board chairperson ((shall)) appoints a committee to count ballots and certify elections at least thirty days prior to expiration of each term.

(6) Results of elections ((shall be)) are announced prior to the next scheduled board meeting.

(7) For the purpose of conducting nominations or elections, the board ((shall)) 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 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 ((shall)) must complete a certificate of nomination, and ((shall)) must return it to the board postmarked by the date specified.

(11) The board ((shall)) 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 unwilling to serve on the board.

(12) The ballot, along with the statement, if any, of each candidate in ((such)) the election ((shall)) 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 ((thereon)).

(14) The candidate receiving the highest number of votes ((shall be deemed)) is elected: Provided, That if ((such)) the candidate fails to receive more than fifty percent of the votes cas