WSR 14-05-098

PREPROPOSAL STATEMENT OF INQUIRY

[Filed February 19, 2014, 9:49 a.m.]

Subject of Possible Rule Making: Establishing a geoduck diver safety program.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.30.560.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: 2SHB 1764, section 5, effective July 28, 2013, directs the department of natural resources (DNR) to adopt rules creating a geoduck diver safety program for geoduck divers licensed under RCW 77.65.410. The rules are intended to establish minimum diver safety requirements that are consistent with commercial diving safety standards and federal Occupational Safety and Health Act (OSHA) regulations. Proposed rules will be based on the recommendations of the geoduck harvest safety committee established by RCW 43.30.555.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington state department of fish and wildlife (WDFW) (RCW 77.65.410); Department of labor and industries (L&I) division of occupational safety and health (chapter 296-37 WAC). DNR will coordinate the rule making with the individual agencies to ensure the proposed rules (1) do not conflict with OSHA commercial diving safety standards; and (2) are integrated into the WDFW geoduck diver licensing program. DNR invited WDFW and L&I to participate in the geoduck harvest safety committee. DNR will also invite the agencies to attend a public meeting(s).

Process for Developing New Rule: Full rule-making process, DNR will contact stakeholders, and affected parties and entities to solicit their participation in the rule development process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting the DNR aquatic resources division, Matthew Goehring, Policy Unit, Aquatic Resources Division, (360) 902-1090, fax (360) 902-1786, matt.goehring@dnr.wa.gov, P.O. Box 47027, Olympia, WA 98504-7027; or Blain Reeves, Assistant Division Manager, Operations, Aquatic Resources Division, (360) 902-1731, fax (360) 902-1786, blain.reeves@dnr.wa.gov, P.O. Box 47027, Olympia, WA 98504-7027. DNR anticipates filing a proposed rule making in April 2014. DNR will conduct a formal public hearing following development of the draft rule.

February 18, 2014

Megan Duffy

Deputy Supervisor

Aquatics and

Environmental Protection