Subject of Possible Rule Making: Procedures for the Washington department of fish and wildlife (WDFW) concurrence review process for specific hydraulic projects (HPAs) associated with forest practices applications (FPAs).

     Statutes Authorizing the Agency to Adopt Rules on this Subject: 2ESSB 6406, section 201(3).

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rule making is mandated by 2ESSB 6406 to fulfill WDFW's obligation to integrate HPAs with FPAs. These rules will identify the procedures WDFW habitat biologists use to review and provide concurrence with specific hydraulic projects associated with FPAs.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department of natural resources (DNR) and the forest practices board (FPB) develop and implement rules associated with forest practices. 2ESSB 6406 mandates that the FPB integrate existing WDFW hydraulic code rules pertaining to forest practices into forest practices rules by December 2013. DNR also must develop an FPB manual to provide guidance for implementing these rules. WDFW must adopt rules to create a concurrence review process for its regional habitat biologists. Finally, WDFW and DNR will enter into a memorandum of agreement to define how the two agencies will work together to implement the integrated FPA/HPA rules.

     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 Terry Jackson, Forest Habitats Section Manager, WDFW Habitat Program, 600 Capitol Way North, Olympia, WA 98501, phone (360) 902-2609, fax (360) 902-2946, e-mail Terry.Jackson@dfw.wa.gov.

     Contact by October 17, 2012. Expected proposal filing on or after October 24, 2012.

August 7, 2012

Lori Preuss

Rules Coordinator