WSR 09-02-019

PREPROPOSAL STATEMENT OF INQUIRY

FOREST PRACTICES BOARD


[ Filed December 29, 2008, 3:44 p.m. ]

Subject of Possible Rule Making: The forest practices board is considering rule making related to the decertification of northern spotted owl site centers.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 76.09.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: There is currently a moratorium on the practice of decertifying northern spotted owl site centers as defined in WAC 222-16-010. The sunset date of the moratorium is December 31, 2008. New rules are needed to establish a temporary process (from January 1, 2009, through December 31, 2009) in which a three-person spotted owl conservation advisory group will evaluate requests for site center decertification. This temporary process will take place while the board determines an appropriate long-term strategy for northern spotted owl habitat conservation.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Fish and Wildlife Service (USFWS) administers the federal Endangered Species Act for upland wildlife, including the northern spotted owl. The Washington state department of fish and wildlife evaluates survey information leading to decertification of northern spotted owl site centers. The three-person spotted owl conservation advisory group will consist of a representative of the Washington department of natural resources as well as representatives of a Washington-based conservation organization involved with northern spotted owl conservation and Washington's forest products industry.

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. Mail, fax, or e-mail comments to Patricia Anderson, Forest Practices Board Rules Coordinator, Department of Natural Resources, Forest Practices Division, P.O. Box 47012, Olympia, WA 98504-7012, fax (360) 902-1428, e-mail forest.practicesboard@dnr.wa.gov.

December 29, 2008

Victoria Christiansen

Chairman

Washington State Code Reviser's Office