WSR 01-10-107

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed May 2, 2001, 8:16 a.m. ]

Subject of Possible Rule Making: Ballast water management.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.120.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Implementation of this law requires the Department of Fish and Wildlife to monitor the effectiveness of management efforts. Vessels must report management information to the department, and ballast water must be sampled and tested to verify the efficacy of exchange or treatment. Protocols for verifying exchange, and a standard for the discharge of treated ballast water must be put in place by rule, along with a process for verifying that treatment equipment meets the standard.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington Department of Fish and Wildlife is working with the United States Coast Guard and coordinating with other west coast states to develop uniform regulations.

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. Representatives of the shipping community, ports, United States Coast Guard, and researchers from USGS, University of Washington, and other research groups will work with the Commercial Shipping Subcommittee of the ANS Coordinating Committee in developing the protocols and standards to be put forth as rules. Agency contact: Lew Atkins, Fish Program, Assistant Director, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2651. Contact by June 19, 2001, expected proposal filing June 20, 2001.

May 1, 2001

Evan Jacoby

Rules Coordinator

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