WSR 06-17-071

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT AND

FISH AND WILDLIFE

[ Filed August 11, 2006, 1:49 p.m. ]

Subject of Possible Rule Making: Rules pertaining to small-scale mineral prospecting (gold and fish pamphlet) in and near waterways.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 77.55 RCW, RCW 77.12.047 and 34.05.328.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The gold and fish pamphlet (by rule) has been in effect for a number of years and the science surrounding the original issues has continued to advance, prompting a review and potential modification of existing rules.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Department of ecology and department of natural resources, possibly USFS, NOAA/Fisheries, USFWS, and tribal governments. Coordinating process will include notice and comment through rule making, SEPA and JARPA.

Process for Developing New Rule: Agency study.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Greg Hueckel, Assistant Director Habitat Program, 600 Capitol Way North, Olympia, WA 98504-1091, phone (360) 902-2416.

August 11, 2006

Morris W. Barker

Rules Coordinator

Washington State Code Reviser's Office