WSR 10-24-088

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed November 30, 2010, 2:02 p.m. ]

Subject of Possible Rule Making: Bald eagle rule protection.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.12.650 and 77.12.655.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The rule change is needed to establish consistency between federal and state laws concerning bald eagle habitat protection. Bald eagles have been state and federally delisted as a threatened species thereby lessening the need for property and development restrictions. Through this rule change, management provisions restricting landowners are reduced, unless the species becomes relisted as a state threatened or endangered species.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Federal Bald and Golden Eagle Protection Act is administered through the United States Fish and Wildlife [Service] (USFWS). This act has habitat protection measures that are required under federal law. The Washington department of fish and wildlife has had ongoing coordination meetings with USFWS to facilitate the application of this rule change.

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 by contacting Nate Pamplin, Wildlife Program Deputy Assistant Director, 600 Capitol Way North, Olympia, WA 98504-1091, phone (360) 902-2515. Contact by January 10, 2011. Expected proposal filing on or after January 19, 2011.

November 30, 2010

Lori Preuss

Rules Coordinator

Washington State Code Reviser's Office