WSR 04-13-141

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 22, 2004, 3:32 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-04-068.

Title of Rule and Other Identifying Information: Repeal of stream obstruction hearings procedures.

Hearing Location(s): Embassy Suites Hotel, 20610 44th Avenue West, Lynnwood, WA, on August 6-7, 2004, begins at 8:00 a.m., August 6.

Date of Intended Adoption: August 6, 2004.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by August 4, 2004.

Assistance for Persons with Disabilities: Contact Susan Yeager by July 26, 2004, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal repeals the stream obstruction hearings procedures that were established in 1985 to govern abatement actions by the Department of Fisheries. Subsequent developments, including the Endangered Species Act, critical habitat assessments, and increased reliance on best management practices for stock recovery are at odds with the delays built into the obstruction hearings procedures. Instead of a standard practice for all obstructions, the department will consider each case on an individual bases. When endangered fish are immediately threatened by an illegal obstruction, the department's intent is to offer post-remedial review of abatement action. Other obstructions may not rise to the level where immediate abatement action is necessary, and these cases will be heard prior to taking abatement action.

Reasons Supporting Proposal: Timely abatement of illegal obstructions and protection of fish life.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington Department of Fish and Wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, WA, (360) 902-2930; Implementation: Greg Hueckel, 1111 Washington Street, Olympia, WA, (360) 902-2416; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, WA, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The stream obstruction hearings procedures deal with abatement of illegal stream obstructions, and removal of illegal blockages. There are no small businesses that routinely build illegal dams, and thus no impact on small businesses. Where a small business is the affected party (such as an illegal dam to create a stock watering pond for livestock), it will be a factor in considering, on a case by case basis, whether a hearing should be offered previous to or after obstruction removal.

A cost-benefit analysis is not required under RCW 34.05.328. Not hydraulics rules.

June 22, 2004

Evan Jacoby

Rules Coordinator


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
Chapter 220-120 WAC Stream obstruction hearings procedure
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