Numerous sections of Title 222 WAC, Forest Practices Board, are in the rule-making process or being developed. The board's mandate is to adopt rules to protect the state's public resources while maintaining a viable forest products industry.

     1. New Forest Practices Rules: Initial draft of permanent rules: The board initiated the rule-making process with an initial draft of the forestry module proposed rules on October 12, 1998. The notice was published on November 4, 1998, (WSR 98-21-015); text was published on December 2, 1998. This filing was continued in WSR 99-09-078 in [and] WSR 99-22-032. The proposed rules incorporate new public resource protection requirements in the following categories: Riparian protection for fish-bearing and nonfish-bearing streams; water typing; wetlands; Class IV-Special; SEPA guidance; application procedures; roads; slope stability; forest chemicals; enforcement; monitoring; adaptive management; and watershed analysis.

     The board received five comprehensive proposals for permanent forestry module rules, conducted scoping for the EIS, and identified three alternatives for environmental review. The draft EIS was published on March 20, 2000. A public hearing on the draft EIS was held April 19, 2000. The review period closed on April 21. Public comments in the draft EIS are now being analyzed.

     Water Type and Salmonid Emergency Rules: In the interim, the board has continued an emergency stream typing rule:

•	WAC 222-16-030 Water typing systems. The emergency rule modifies the definitions of Type 2 and 3 waters so that appropriate riparian protection is provided along fish-bearing streams.
•	WAC 222-12-090(13) Implementation guidelines in the Forest Practices Board manual.

     The board has also readopted an emergency rule to protect threatened and endangered salmonids listed by the United States Fish and Wildlife Service and the National Marine Fisheries Service. The rule provides protection to the listed species by setting SEPA triggers that would classify certain forest practices within the listed areas as Class IV-Special. The rule includes a "salmonid listed areas" map; SEPA guidance; road maintenance and abandonment plan requirements; and stream temperature provisions for some nonfish-bearing streams in listed areas. The map in the rule has been updated each time new listings have occurred.

     New Emergency Rules: ESHB 2091 passed by the 1999 legislature declares salmon recovery efforts an emergency and provided additional authority to the Forest Practices Board to adopt emergency rules to protect aquatic resources based on the Forests and Fish Report. These emergency rules were published in the Washington State Register on October 20, 1999, and a public hearing with opportunity for oral and written comment was held on November 9, 1999. The board adopted emergency rules on January 20, 2000, and they became effective on March 20, 2000. Additions to the emergency rules include new emergency rules for small landowner riparian easements, adopted by the board on May 10, 2000, which became effective on July 3, 2000. These new emergency rules will remain in effect until new permanent rules are adopted or until June 30, 2001, whichever is sooner.

     The board plans to add more sections to the emergency rules, including rules for hardwood conversions and alternate plans.

     2. Rule-making Petitions: The board recently denied a petition regarding scenic trail corridors. The Governor's Office agreed the denial was appropriate but suggested the board consider a notice rule. There may be possible rule making on this issue.

     3. Other: The board plans to propose editorial, procedural and minor rule changes. These may be a separate proposal or may be included within a supplemental notice for the permanent rule proposal in 1 above. These include corrections, SEPA guidance, clarifying some watershed analysis rules, clarifying timelines associated with civil penalty appeals, and reviewing forest practices relationship with other laws.

     Contact Person: Debora Brown Munguia, FPB Acting Rules Coordinator, Department of Natural Resources, Forest Practices Division, P.O. Box 47012, Olympia, WA 98504-7012, phone (360) 902-1448, fax (360) 902-1789, e-mail debora.brown-munguia@wadnr.gov.

     Filed August 11, 2000.

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