WSR 98-16-099
PREPROPOSAL STATEMENT OF INQUIRY
FOREST PRACTICES BOARD
[Filed August 5, 1998, 10:47 a.m.]
Subject of Possible Rule Making: Modify forest practices rules (Title 222 WAC) to incorporate new public resource protection requirements. Probable categories of rule making include riparian protection for fish-bearing and nonfish-bearing streams; SEPA policies; water typing; wetlands; Class IV-Special; roads; slope stability; pesticides; small landowner issues; enforcement; monitoring; adaptive management; watershed analysis.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 76.09.040, [76.09.]050, chapter 34.05 RCW, and RCW 43.21C.060, [43.21C.]120.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Modifications to forest practices rules are needed to better protect Washington's public resources and to implement the policies of the Forest Practices Act and SEPA. The goals of the forestry module negotiations being conducted by timber, fish and wildlife participants are: (1) To provide compliance with the Endangered Species Act for aquatic and riparian-dependent species; (2) to restore and maintain riparian habitat on state and private forest lands to support a harvestable supply of fish; (3) to meet the requirements of the Clean Water Act for water quality on state and private forest lands; and (4) to keep the timber industry economically viable in Washington.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: State: Department of Ecology, Department of Fish and Wildlife.
Federal: Environmental Protection Agency, National Marine Fisheries Service, United States Fish and Wildlife Service, United States Forest Service.
Others: Indian tribes, counties, environmental community, large and small landowners.
Process: Timber, fish and wildlife participants (including all of the above agencies and groups) have been negotiating the forestry module, conceptual elements of improved protection for public resources since November 1997. They are attempting to reach consensus to deliver a proposed rule package to the Forest Practices Board. Should consensus not be reached, the Department of Natural Resources will develop rules for the board to propose.
Process for Developing New Rule: Agency study; and timber, fish and wildlife participants may bring a consensus rule proposal to the board. See above. This process is similar to negotiated rule making.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by sending comments to Judith Holter, Forest Practices Board, Rules Coordinator, Department of Natural Resources, Forest Practices Division, P.O. Box 47012, Olympia, WA 98504-7012, phone (360) 902-1412, fax (360) 902-1784, e-mail forestpractices.board@wadnr.gov.
August 5, 1998
Jennifer M. Belcher
Commissioner of Public Lands