WSR 04-04-008

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed January 22, 2004, 1:54 p.m. ]

Subject of Possible Rule Making: Integration of hydraulic project approvals and forest practice applications for nonfish bearing streams.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.55.100, 77.12.047, 76.09.030(2).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Forests and Fish Agreement and RCW 76.09.030(2) include policy statements that hydraulic project approvals (HPAs) should be more closely integrated with approved forest practice approvals. Pursuant to chapter 76.09 RCW, the Forest Practices Board has adopted regulations that include, among other items, fish protection measures normally included in the HPAs for projects in nonfish bearing streams. Based on these upgraded fish protection measures adopted by the Forest Practices Board on May 17, 2001, Washington Department of Fish and Wildlife (WDFW) is considering modifying WAC 220-110-035 so that forest practices conducted in or across nonfish bearing waters with an approved forest practices application or notification issued by the Department of Natural Resources will not require an HPA. This will achieve equal or better protection of fish life while reducing unnecessary permitting requirements for applicants.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: This proposed action is being coordinated with the Department of Natural Resources, which is responsible for regulation of forest practices under the forest practices rules. A memorandum of agreement between the two agencies on the implementation of this proposed rule is currently in development.

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 by contacting John Mankowski, Environmental Policy Lead, Intergovernmental Resource Management, (360) 902-2589. Contact by March 18, 2004. Expected proposal filing on or after March 19, 2004.

January 22, 2004

Evan Jacoby

Rules Coordinator

Legislature Code Reviser 

Register

Washington State Code Reviser's Office