WSR 13-15-103

PREPROPOSAL STATEMENT OF INQUIRY

[Filed July 22, 2013, 9:48 a.m.]

Subject of Possible Rule Making: Derelict and abandoned vessel in state waters.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 79.100 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESHB 1245, section 39, approved May 20, 2013 (effective July 28, 2013), directs the department of natural resources (DNR) to adopt by rule procedures and standards for the inspections of vessels (greater than sixty-five feet in length and more than forty years old), as required under section 38 of this act. The rules are intended to identify the public or private entities authorized to conduct inspections, the required elements of an inspection, and the manner in which inspection results must be documented.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Federal - U.S. Coast Guard, Washington state - departments of ecology (RCW 90.56.050, 90.56.410), licensing - recreational vessels (RCW 88.02.640, 88.02.380, 88.02.340, 88.02.550), and revenue - commercial vessels (chapter 84.40 RCW) - DNR will coordinate the rule making with these agencies by meeting individually with appropriate agency representatives to develop an efficient information-sharing process for vessel inspections required by this rule. DNR will invite agency representatives to participate in the public workshop and meeting(s) once it has drafted a rule for review and comment.

Process for Developing New Rule: Full rule-making process, DNR will contact stakeholders, and affected parties and entities to solicit their participation in the rule development process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. DNR will convene a public workshop prior to preparing the draft rule to solicit ideas from interested parties. When DNR has prepared the draft rule, it will conduct a public meeting for comments.

DNR contact(s): Lisa M. Randlette, Policy Unit, Aquatic Resources Division, DNR, P.O. Box 47027, Olympia, WA 98504-7027, (360) 902-1085, fax (360) 902-1786, lisa.randlette@dnr.wa.gov; or Melissa Ferris, Derelict Vessel Removal Program, Aquatic Resources Division, DNR, P.O. Box 47027, Olympia, WA 98504-7027, (360) 902-1574, fax (360) 902-1786, melissa.ferris@dnr.wa.gov.

July 22, 2013

Megan Duffy

Deputy Supervisor

Aquatics and Environmental Protection