WSR 07-11-034

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed May 8, 2007, 11:16 a.m. ]

Subject of Possible Rule Making: Ballast water and aquatic invasive species.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.12.047.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: E2SB 5923 passed the 2007 Washington legislature and has been signed into law. This bill requires the Washington department of fish and wildlife (WDFW) to enact rules for enforcement and control of ballast water and aquatic invasive species.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington state patrol, the United States Coast Guard, and other state and federal agencies. WDFW will adopt standards in consultation with these federal and state agencies to ensure consistency with the federal Clean Water Act and standards set by the United States Coast Guard.

Process for Developing New Rule: Negotiated rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Allen Pleus, Fish Program, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2724, e-mail at pleusaep@dfw.wa.gov. Contact by August 1, 2007. Expected proposal filing on or after September 5, 2007.

May 8, 2007

Lori Preuss

Rules Coordinator

Washington State Code Reviser's Office