WSR 99-19-133

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed September 21, 1999, 3:44 p.m. ]

Subject of Possible Rule Making: Hydraulic code rules (chapter 220-110 WAC).

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 75.20 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: (1) The Washington State Department of Fish and Wildlife is proposing to develop a habitat conservation plan in order to comply with the Endangered Species Act. Review of the existing hydraulic code rules will be completed as part of that project. The 1997 and 1998 legislatures passed modifications to chapter 75.20 RCW. Existing rules must be modified to be consistent with that legislation.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Department of Ecology, Department of Natural Resources, United States Army Corps of Engineers, National Marine Fisheries Service, United States Fish and Wildlife Service all regulate activities which can impact fish life. All will be consulted throughout the rule development process.

Process for Developing New Rule: Agency study.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication: Direct mailings, interactive web site, public meetings, work groups.

Agency contact: Gregory Hueckel, Acting Assistant Director, Habitat Program, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2416, by October 3, 2000, expected proposal filing October 4, 2000.

September 21, 1999

Evan Jacoby

Rules Coordinator

Washington State Code Reviser's Office