Subject of Possible Rule Making: WAC 222-16-080 Critical habitat (state) of threatened and endangered species.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 76.09.040 and 76.09.050.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The forest practices board (board) is considering rule making to amend this forest practices rule to clarify that wildlife plans involving critical habitats (state) of threatened and endangered species are to be reviewed under the State Environmental Policy Act (SEPA). The board will also consider amendments to this rule's critical habitat definition of gray wolf, based on upcoming recommendations from the Washington department of fish and wildlife (WDFW). WDFW has recommended review of the board's critical habitat definition for the gray wolf, based on their wolf conservation and management plan.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Fish and Wildlife Service is the lead management authority over wolves where they remain federally listed in the state: The western two-thirds of Washington. The WDFW is the lead authority where wolves have been federally delisted: The eastern third of the state. WDFW, through the wildlife working group and with the United States Fish and Wildlife Service is facilitating the development of critical habitat (state) wolf rule amendments. The board and WDFW will work together in the rule-making process to incorporate into rule the critical habitat (state) wolf criteria as developed by the wildlife working group.

     Process for Developing New Rule: Interested stakeholders will participate in the development of rule language. Rule changes relating for [to] critical habitat for the wolf will be developed through WDFW's wildlife working group.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Mail, fax, or e-mail comments to Patricia Anderson, Forest Practices Board, Rules Coordinator, Department of Natural Resources, Forest Practices Division, P.O. Box 47012, Olympia, WA 98504-7012, fax (360) 902-1428, e-mail forest.practicesboard@dnr.wa.gov.

August 15, 2012

L. S. Young

Chair