PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Although no rule making is anticipated at this time, the state Building Code Council has established an Endangered Species Act (ESA) Oversight Committee and an ESA Technical Advisory Group (TAG) to review the existing state building code for requirements that may impact salmon and their habitat. Once identified, the ESATAG may make recommendations to the council for code changes, if appropriate, or may simply develop guidelines for consideration by local governments.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 19.27.074 (2)(c) which allows the council to "conduct research into any code or codes referred to in RCW 19.27.031 or any related matter."
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rules or guidelines on this subject would ensure that local building code regulations are consistent with federal rules to protect salmon habitat under Section 4(d) of the Endangered Species Act.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The National Marine Fisheries Service and the United States Fish and Wildlife Service both regulate species listed under the ESA. Both will be asked to join the ESATAG in order to ensure that TAG proposals are consistent with federal rules adopted under Section 4(d) of the ESA.
Process for Developing New Rule: This process will combine agency study with potential negotiations through the TAG process.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The ESATAG will hold an organizational meeting on September 21, 2000, with additional meetings expected twice per month for the next year. A work plan and timeline has been developed for the program and is available from council staff at (360) 586-0486. Organizations or individuals interested in serving on the ESATAG should contact Tim Nogler at (360) 586-0486.
August 23, 2000