PREPROPOSAL STATEMENT OF INQUIRY
FISH AND WILDLIFE
Subject of Possible Rule Making: Oiled wildlife care standards: Rehabilitation requirements for birds.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 90.56.110 and 77.12.047.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Successful oiled bird rehabilitation requires adequate quantities and qualities of water, space, air, and specialized supplies. These key components must be available in a timely manner and in quantities commensurate with the numbers of birds oiled. Rules reflecting our understanding of the best available practices for oiled bird care were adopted in 2004, but amendments to the existing rules are needed to reflect our current knowledge of oiled bird care and to account for technological improvements.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington department of ecology (ecology) is responsible for the state's "oil and hazardous substance spill prevention and response program," per chapter 90.56 RCW. Ecology's contingency plan rules require contingency plan holders to meet the requirements of rules that may be adopted by the Washington department of fish and wildlife (WDFW). The United States Fish and Wildlife Service (USFWS) has authority to issue federal permits for the rehabilitation of birds and special permits for taking and rehabilitating oiled birds. WDFW will include ecology and the USFWS as stakeholders in this rule-making process.
Process for Developing New Rule: Agency study.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication: WDFW will solicit input by holding a public hearing, and by use of e-mail, voicemail, or other avenues of information dissemination. The department will be following the standard rule-making process as required by the Administrative Procedure Act and the Regulatory Fairness Act. WDFW is actively soliciting science-based information that will refute or support proposed bird rehabilitation care standards, and we will review all information received when developing these standards. For more information, contact Brian Edie, Oil Spill Section Manager, Washington Department of Fish and Wildlife, Habitat Program, 600 Capitol Way North, Olympia, WA 98501, phone (360) 902-8123, fax (360) 902-8126, ediebge@dfw.wa.gov. Expected proposal filing is August 20, 2008.
July 2, 2008
Loreva M. Preuss
Rules Coordinator