WSR 05-06-098

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

NATURAL RESOURCES

[ Filed March 2, 2005, 9:16 a.m. ]

Subject of Possible Rule Making: The Department of Natural Resources (DNR) is directed by the Revised Code of Washington (RCW) to manage state-owned aquatic lands to provide a balance of public benefits that include encouraging public access, fostering water-dependent use, ensuring environmental protection, and utilizing renewable resources. DNR is further authorized to identify and withdraw from all conflicting uses public lands that can be utilized for their natural ecological systems. Based upon this authority, WAC 332-30-151 directs DNR to consider lands with educational, scientific, and environmental values for aquatic reserve status, and identifies general aquatic reserve management guidelines. The DNR Aquatics Resources Division is exploring options to clarify the general management guidelines contained in WAC 332-30-151 in order to provide more certainty as to how DNR will manage uses that impact designated aquatic reserves.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.30.215, 79.10.210, 79.90.460.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DNR has identified a need to provide a more clearly defined method of managing uses that impact designated aquatic reserves. The general management guidelines for aquatic reserves contained in WAC 332-30-151 provide general direction to DNR for managing aquatic reserves, but the existing rule lacks the specificity needed to effectively manage them. Amending the rule to provide additional clarity as to how DNR will manage uses that impact designated aquatic reserves may be the most effective means to ensure the consistent implementation of DNR's aquatic reserves management program.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Responsibility for administering the proposed rule will lie exclusively with DNR and other agencies that have entered into agreements with DNR to manage aquatic reserves.

Process for Developing New Rule: 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. DNR encourages your active participation in the rule-making process. For more information, please contact Matt Niles, Aquatic Resources Division, Washington State Department of Natural Resources, P.O. Box 47027, Olympia, WA 98504-7020, phone (360) 902-1100, fax (360) 902-1786, e-mail matthew.niles@wadnr.gov.

February 28, 2005

Doug Sutherland

Commissioner of Public Lands

Washington State Code Reviser's Office