WSR 98-02-066

AGENDA

FOREST PRACTICES BOARD

[Filed January 7, 1998, 10:16 a.m.]

The following sections of Title 222 WAC, Forest Practices Board, are in the rule-making process or being developed. The board's mandate is to adopt rules to protect the state's natural resources while maintaining a viable forest products industry.

1. Columbia Gorge National Scenic Area-Special Management Area proposed rules, this negotiated rule proposal was developed by key stakeholders in the Gorge, including small landowners, industrial landowners, Friends of the Columbia Gorge, counties, the Gorge Commission, the USDA Forest Service, the environmental community, and the Department of Natural Resources. The Forest Practices Board initiated this negotiated rule making in August 1996, the Prenotice Statement of Inquiry was filed in November 1996, and the thirty-day review required by the Forest Practices Act (RCW 76.09.040) was conducted November 20 to December 26, 1997.

The proposed rule resolves a long-standing jurisdictional dispute involving timer harvests in the special management area. It clarifies what standards apply and the roles of various agencies involved. The Department of Natural Resources, the United States Forest Service and the Gorge Commission have developed a Memorandum of Understanding to implement the rule.

This consensus proposal was filed with the code reviser as WSR 98-01-222 on December 24, 1997, for publication on January 7, 1998. Public notice is also being mailed on January 7, 1998. Comments are due February 20, 1998.

The proposed rule includes changes to two existing chapters and two new sections: WAC 222-16-010 General definitions, 222-16-050 Classes of forest practices, 222-20-010 Applications and notifications--Policy, and 222-20-040 Approval conditions.

New sections are WAC 222-20-130 - Notice in CRGNSA Special Management Area and 222-46-015 - Enforcement within the CRGNSA Special Management Area.

2. Small Landowner Pilot Rule Making, the Forest Practices Board convened a committee to develop pilot rules for small landowners that would allow more flexibility and innovative ways to meet certain forest practices rules while assuring resource protection. Public meetings were held in 1997 to gather input, and more than 250 landowners and concerned citizens participated. The committee used this information to develop a concept paper with three alternatives that was presented to the board on November 12, 1997. The board referred the concepts to TFW for inclusion in the Forestry Module discussions. In an effort to avoid duplication, the Forest Practices Board will evaluate the Forestry Module efforts at its February meeting before asking the committee to refine its preliminary approaches.

3. Forestry Module, timber, fish and wildlife participants are presently negotiating a more comprehensive revision to the water quality and fish protection forest practices rules, called the "Forestry Module." This is an effort to put a revised set of forest practices rules in place to contribute to the recovery of Washington's salmon and steelhead runs and to coordinate meeting both federal and state laws. TFW originally established a February 1 deadline to have a proposal to the Forest Practices Board. Because these rules pertain to water quality, they will be coadopted by the Department of Ecology.

In the interim, the board has continued an emergency stream typing rule. The same language has been proposed as a permanent rule, serving as a placeholder until the Forestry Module recommendation is developed: WAC 222-16-030 Water typing systems, the proposed rule modifies the definitions of Type 2 and 3 waters so that appropriate riparian protection is provided along fish-bearing streams; and WAC 222-12-090(13) Implementation guidelines in the Forest Practices Board manual.

4. Forest Practices on Islands, the board was petitioned by a citizens' group, SaltWater Islanders For Timberedlands (SWIFT) to consider their proposal to revise forest practices rules for Washington's islands. The board will consider this proposal at their February 1998 meeting.

5. Other, the board has asked staff to prepare draft recommendations for clarifications and corrections to the rules, as well as certain procedural rules. The board may consider these during 1998.