WSR 98-12-026
EMERGENCY RULES
FOREST PRACTICES BOARD
[Filed May 28, 1998, 9:36 a.m.]
Date of Adoption: May 13, 1998. The Forest Practices Board adopted this emergency rule on May 13, 1998. Soon after the meeting, it was determined that a change needed to be made to the language adopted in WAC 222-30-040(2). The board held a special meeting via conference call on May 27, 1998, and adopted the revised version of WAC 222-30-040(2).
Purpose: To modify forest practices rules to provide greater protection for threatened and endangered salmonids that have been listed by the federal government. This is a procedural rule that classifies forest practices in mapped areas as Class IV-Special, requiring additional environmental review.
Citation of Existing Rules Affected by this Order: Amending WAC 222-10-040, 222-16-010, 222-16-050, 222-16-080, 222-24-050 and 222-30-040; and new sections WAC 222-16-088, 222-10-020, and 222-10-043.
Statutory Authority for Adoption: RCW 76.09.040 and chapter 34.05 RCW.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding:
The Forest Practices Board is required by rule to identify those forest practices that have the potential for a substantial impact on the environment with regard to newly listed threatened or endangered species (WAC 222-16-080(3)).
This emergency rule applies to the following listed species: Upper Columbia Steelhead - endangered - August 1997; Snake River Steelhead - threatened - August 1997; and Lower Columbia Steelhead - threatened - March 1998.
What the Rule Does: The emergency rule provides protection to these listed species by setting State Environmental Policy Act (SEPA) triggers that would classify certain forest practices activities within the listed areas as Class IV-Special. This class of forest practice must receive additional review under SEPA prior to approval. If a declaration of significance is made under SEPA, an environmental impact statement may be required
The emergency rule also provides SEPA guidance for the landowner to use in preparing a complete application and for the department to use in reviewing the forest practices application.
The "salmonid listed areas" map identifies the geographic areas to which the rule applies. These are the Evolutionarily Significant Units (ESUs) identified by the National Marine Fisheries Service (NMFS) when they listed these salmonids. If an when additional listings occur, the board can consider adopting an updated map.
Road maintenance and abandonment plans are required for certain forest practices within the listed areas. Stream temperature provisions also apply in the ESUs for some nonfish-bearing streams.
This emergency rule applies to completed forest practices applications submitted on or after the effective date of the rule.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 3, amended 6, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Immediately.
May 27, 1998
Jennifer M. Belcher
Commissioner of Public Lands
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 98-13 issue of the Register.