PROPOSED RULES
Supplemental Notice to WSR 08-03-009.
Exempt from preproposal statement of inquiry under WSR 05-2-097 [05-20-097].
Title of Rule and Other Identifying Information: Achieving desired future conditions in riparian management zones. This rule proposal amends WAC 222-30-021(1) to change timber harvest and leave tree requirements in riparian management zones adjacent to Type S and F Waters as defined in WAC 222-16-030. It pertains to forest lands in western Washington.
Hearing Location(s): Borst Park, Kitchen 1, 902 Johnson Road, Centralia, on Tuesday, September 9, 2008, at 6:00 p.m.; at the Colville Public Library, 195 South Oak, Colville, on Wednesday, September 10, 2008, at 6:00 p.m.; at the Mount Vernon Fire Department Station 2, 1901 North LaVenture Road, Mt. Vernon, on Tuesday, September 16, 2008, at 6:00 p.m.; and at the Port Townsend Fire Station, 1256 Lawrence Street, Port Townsend, on Thursday, September 18, 2008, at 6:00 p.m.
Date of Intended Adoption: November 12, 2008.
Submit Written Comments to: Patricia Anderson, DNR Forest Practices Division, P.O. Box 47012, Olympia, WA 98504-7012, e-mail forest.practicesboard@dnr.wa.gov, fax (360) 902-1428, by September 19, 2008.
Assistance for Persons with Disabilities: Contact forest practices division at (360) 902-1400, by August 29, 2008, TTY (360) 902-1125.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 222-30-021 provides prescriptions and options to harvesting trees in forested "riparian management zones" as defined in WAC 222-16-010. Pursuant to RCW 76.09.370, the forest practices board incorporates a scientific-based adaptive management process to determine the effectiveness of forest practices rules in aiding Washington's salmon recovery effort. Under this adaptive management process, a scientific study was completed by the forest practices board's cooperative monitoring, evaluation, and research committee. The study, entitled Validation of the Western Washington Riparian Desired Future Condition (DFC) Performance Targets in the Washington State Forest Practices Rules with Data From Mature, Unmanaged, Conifer-Dominated Riparian Stands, found that basal area per acre of mature, unmanaged conifer-dominated riparian stands are greater than the values used in the current rule.
In response to the DFC study findings, the board is considering three alternative rule amendments to WAC 222-30-021(1). The intended effects of all of the alternatives are to increase the basal area retained in riparian management zones, thereby decreasing allowable harvest.
| • | The first alternative would increase the target basal area per acre to three three hundred twenty-five square feet for all site classes that a riparian forest stand is projected to reach at one hundred forty years from the year of harvest in the riparian management zone. |
| • | The second alternative would increase the target basal area per acre the same as the first alternative, and would also: |
| - | allow landowners to credit the required inner zone leave trees towards meeting the riparian zone basal area target; and |
| - | expand the table, "Option 2. Leaving trees closest to water," to include site classes IV and V on streams greater than ten feet in width. |
| • | The third would increase the target basal area per acre the same as the first alternative, and will allow landowners to credit the required inner zone leave trees towards meeting the riparian zone basal area target. |
Reasons Supporting Proposal: The proposed rule changes are based on recommendations resulting from the scientifically based adaptive management process outlined in WAC 222-12-045. Through this process, the board has determined that the forest practices rules should be adjusted to ensure that appropriate riparian buffers are maintained on forest land covered by the Forest Practices Act.
Statutory Authority for Adoption: RCW 76.09.040 and 76.09.370(6).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Forest practices board, governmental.
Name of Agency Personnel Responsible for Drafting: Marc Engel, 1111 Washington Street S.E., Olympia, (360) 902-1390; Implementation: Gary Graves, 1111 Washington Street S.E., Olympia, (360) 902-1483; and Enforcement: Lenny Young, 1111 Washington Street S.E., Olympia, (360) 902-1744.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
A copy of the statement may be obtained by contacting Gretchen Robinson, P.O. Box 47012, Olympia, WA 98504-7012, phone (360) 902-1705, fax (360) 902-1428, e-mail gretchen.robinson@dnr.wa.gov.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Gretchen Robinson, P.O. Box 47012, Olympia, WA 98504-7012, phone (360) 902-1705, fax (360) 902-1428, e-mail gretchen.robinson@dnr.wa.gov. Note: The small business economic impact statement and the preliminary cost-benefit analysis are combined in the document, Preliminary Economic Analysis, Forest Practices Rule Making, Affecting Timber Harvest in Riparian Zones in Western Washington.
June 17, 2008
Victoria Christiansen
Chair
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 08-14 issue of the Register.