WSR 04-01-149



[ Filed December 22, 2003, 8:59 a.m. ]

Rule Development Agenda

January - June 2004

The Forest Practices Board's mandate is to adopt rules to protect the state's public resources while maintaining a viable forest products industry. The following rule proposals are under development or are anticipated during this time period.

1. Procedural and Ethics. At the November 12, 2003, meeting, the board initiated permanent rule making on chapter 222-08 WAC. The rules update the board's administrative procedures, and provide new rules on public record requests and clarify how state ethics laws apply to the board. The board will consider adoption of the permanent rule at the February 2004 meeting.

2. Marbled Murrelet. The board initiated permanent rule making to amend WAC 222-12-090 and 222-16-010 relating to marbled murrelets. The rule changes establish the use of the January 6, 2003, Pacific Seabird Group survey protocol for marbled murrelet surveys, add a third-year survey option for determining whether a forest stand is a defined occupied marbled murrelet site, and correct a mislabeling of a graphic in the definition of marbled murrelet detection area. The board will consider adoption of the permanent rule at the February 2004 meeting.

3. Salmonid Adaptive Management. The board initiated pilot rule making for two riparian research projects at the December 2, 2003, special meeting. The research projects are associated with the Forests and Fish Report: The Bull Trout Overlay Study and the Hardwood Conversion Study. The studies will include operational riparian management on certain forest study sites using prescriptions that differ from the rules for riparian protection (WAC 222-30-040(1), (2), 222-30-022, and 222-30-021 (1)(b)(i)). Additional pilots and adaptive management initiated rules may be necessary.

4. Cultural Resources. The board will consider initiating rule making on the TFW Cultural Resources Committee's rule proposal connected to a cultural watershed analysis module at the June 2004 special meeting.

5. Road Maintenance and Abandonment Plans. The board adopted an emergency rule on October 15, 2003, to implement changes to the small forest landowner road maintenance and abandonment planning requirements contained in 2SHB 1095 passed by the 2003 legislature. The emergency rules will remain in effect until a permanent rule is adopted. Permanent rule language is being developed.

6. Editorial and Minor Rule Changes. The current permanent rules are being reviewed for editorial and minor clarification changes. This may result in a rule proposal.

7. Other Legislative Mandated Changes. Legislation passed during the 2001 and 2002 session that will require rule making includes SSB 6241 pertaining to Christmas trees and SB 5497 relating to forestland definition.

8. Upland Wildlife. The Department of Fish and Wildlife is conducting a comprehensive review of the forest practices rules and science for wildlife protection and development of cooperative management planning processes. This and new species listing and designation of critical habitat may result in a rule proposal.

Contact Person: Patricia Anderson, FPB, Rules Coordinator, Department of Natural Resources, Forest Practices Division, P.O. Box 47012, Olympia, WA 98504-7012, phone (360) 902-1413, fax (360) 902-1428, e-mail

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