EXPEDITED REPEAL
NATURAL RESOURCES
The Following Sections are Proposed for Expedited Repeal: WAC 332-30-169 Artificial reefs.
Rules Proposed for Expedited Repeal Meet the Following Criteria: Rule is no longer necessary because of changed circumstances.
Any person who objects to the repeal of the rule must file a written objection to the repeal within thirty days after publication of this preproposal statement of inquiry.
Address Your Objection to: Dave Dietzman, Rules Coordinator, Department of Natural Resources, P.O. Box 47015, Olympia, WA 98504-7015, dave.dietzman@wadnr.gov, (360) 902-1633.
Reason the Expedited Repeal of the Rule is Appropriate: This rule was written in 1980 to guide the construction of artificial reefs on state-owned aquatic lands, specifically encouraging the use of materials such as tires, concrete chunks, and derelict vessels. However, in 1984, the legislature, through the Aquatic Lands Act, set comprehensive new management guidelines for these lands, including setting stronger obligations on DNR for "ensuring environmental protection." Also since then, several fish species have been listed as threatened or endangered and other heightened environmental protections have been placed into law. Because of these, despite what is suggested by the rule, it is highly unlikely that artificial reefs made of tires, concrete chunks, derelict vessels, or similar materials could be approved by DNR or by other agencies. If the rule were repealed, it would still be possible to construct an artificial reef on state-owned aquatic lands if it were found to be an environmentally appropriate project to enhance aquatic habitat. The rule is unnecessary and provides no useful guidance to DNR or the public on whether or how to construct artificial reefs.
July 18, 2000
Maria Victoria Peeler
Deputy Supervisor