PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Clarification of State Environmental Policy Act (SEPA) guidance for wildlife conservation agreements.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 76.09.040, 43.21C.060, [43.21C].120.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Forest Practices Board is considering changes to State Environmental Policy Act guidelines in forest practices regulations, chapter 222-10 WAC. The changes would make this chapter consistent with existing rules concerning wildlife conservation agreements. Existing rules provide an exemption from class IV-Special classification for critical wildlife habitat under one of these agreements. The changes would make clear that the existing SEPA guidelines for threatened and endangered species do not apply to forest practices consistent with one of these agreements.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: United States Fish and Wildlife Service, National Marine Fisheries Service, Washington Department of Fish and Wildlife. These agencies will be either involved or advised during the rule development process. The Department of Ecology must approve forest practice rules pertaining to water quality.
Process for Developing New Rule: Negotiated rule making, participants who would help in the rule development process would consist of representing by timber interests, environmental interests, state agencies, local government, federal agencies, tribal governments, and other interested parties. The Forest Practices Board will consider whether to accept the negotiated proposal and proceed with rule making at its February 13th meeting. If the board decides to proceed with rule making, there will be an additional opportunity to comment on the rule proposal.
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, Rules Coordinator, Forest Practices Board, Department of Natural Resources, Forest Practices Division, 1111 Washington Street, 4th Floor, P.O. Box 47012, Olympia, WA 98504-4701, fax (360) 902-1428, e-mail forest.practicesboard@wadnr.gov.
December 5, 2001
Bonnie B. Bunney
for Pat McElroy
Chair