Purpose: The harvest of nonmarine edible plants and edible fruiting bodies in state parks has become damaging to the natural resources of the parks and potentially threatening to park visitors. The nature of the harvest has prompted the commission to amend chapter 352-28 WAC by: (1) Prohibiting commercial harvest of edibles; (2) establishing a daily limit on the quantity of edibles a person could harvest in a park for personal use; (3) revising procedures for the harvesting of nonmarine edible plants and edible fruiting bodies, including fungi; (4) prohibiting raking and other potentially damaging harvest techniques in order to protect park resources; and (5) expanding the director/designee's authority to allow for harvest closures for the protection of public health, safety, and welfare.

     Citation of Existing Rules Affected by this Order: Amending chapter 352-28 WAC, Tree, plant and fungi cutting, removal and/or disposal.

     Statutory Authority for Adoption: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, and 79A.05.075.

      Adopted under notice filed as WSR 05-10-071 on May 3, 2005, and under notice of continuance filed as WSR 05-11-114 on May 18, 2005.

     Changes Other than Editing from Proposed to Adopted Version: After reviewing testimony at the public hearing on August 4, 2005, the commission added the following new section WAC 352-28-030(1): This rule is not intended to limit federally reserved tribal rights, including treaty rights.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.

     Date Adopted: August 15, 2005.

Jim French

Administrator of Statewide

Recreation Programs

OTS-8047.2

AMENDATORY SECTION(Amending WSR 96-01-078, filed 12/18/95, effective 1/18/96)

WAC 352-28-010   Cutting and removal criteria.   (1) Significant trees:

     (a) Significant trees in any area under the jurisdiction and/or management of the commission shall, except in fire, weather, or other natural emergencies, be cut or removed only upon the written approval of the director or the assistant directors of the operations and resources development divisions when so designated by the director. Except in emergencies and when feasible, significant trees shall be removed only after they have been marked or appraised by a professional forester. Significant trees include all old-growth trees, mature trees, and all other younger trees of ten inches or greater in diameter at four and one-half feet in height. In case of fire, weather, or other natural emergencies, the director or the designee of the director may declare that an emergency exists and thereby authorize the cutting or removal of damaged or down significant trees that are an imminent threat to persons and/or property.

     (b) The cutting or removal of any significant trees in a natural area, natural forest area or a natural area preserve shall, except in emergencies as defined in subsection (1)(a) of this section, be approved only by the director and only after consultation with the Washington department of fish and wildlife and the department of natural resources Washington natural heritage program, the preparation of a mitigation plan for affected resources, and a public hearing on each such proposed cutting or removal conducted in the county/counties in which the cutting or removal is to take place as determined by the director. Prior notice of a hearing shall be published in a newspaper of general circulation in the county/counties in which the park is located. Any person who requests notification of such proposed cutting or removal shall be sent prior notice of a hearing by mail. A summary of the testimony presented at a hearing or received in writing shall be presented to the director.

     (2) Protected species: The cutting or removal of trees, other plants, or dead organic matter in any area known to be inhabited by endangered, threatened, or sensitive species shall, except in emergencies as defined in subsection (1)(a) of this section, follow requirements of the department of fish and wildlife for animals and of the department of natural resources for plants and be approved only by the director after consultation with those agencies, and the preparation of a mitigation plan for affected species.

     (3) Land classification criteria: Trees or other plants may be cut and/or removed from the areas listed below for the following reasons only:

     (a) Natural area preserves:

     (i) Maintenance or construction of service roads, boundary fences, or trails, or modification of conditions only as may be required to maintain a native plant community, species population, or ecological process as specified in a natural area preserve management plan prepared in consultation with the department of natural resources Washington natural heritage program.

     (ii) Correction of conditions hazardous to persons, properties, and/or facilities on or adjacent to park land.

     (iii) Control of forest diseases and insect infestations where adjacent forests are severely jeopardized or where a drastic alteration of the natural environment is expected to occur, after consultation with the natural heritage program and other agencies and groups with expertise in forest health as deemed appropriate by the director.

     (iv) Prevent the deterioration or loss of historical/cultural resources.

     (v) Maintenance or construction of fire lanes for abatement of fires.

     (b) Natural areas and natural forest areas:

     (i) Maintenance or construction of trails, trail structures, trail head facilities, interpretive sites, or service roads.

     (ii) Correction of conditions hazardous to persons, properties, and/or facilities on or adjacent to park land.

     (iii) Control of forest diseases and insect infestations where adjacent forests are severely jeopardized or where a drastic alteration of the natural environment is expected to occur, after consultation with the natural heritage program and other agencies and groups with expertise in forest health as deemed appropriate by the director.

     (iv) Prevent the deterioration or loss of historical/cultural resources.

     (v) Maintenance or construction of service roads for abatement of fires.

     (vi) Modification of conditions only as may be required to maintain or restore a native plant community, species population, or ecological process.

     (c) Recreation areas, resource recreation areas, and heritage areas:

     (i) Area clearing necessary for park maintenance, and/or park development projects for day use and overnight recreation facilities, road and utility easements, and administrative facilities.

     (ii) Correction of conditions hazardous to persons, properties, and/or facilities on or adjacent to park land.

     (iii) Cleanup of trees fallen, tipped, or damaged by the weather, fire, or other natural causes.

     (iv) Creation of diversity of tree size, age, and species to achieve visual aspects that resemble a formal landscape, natural or historical setting, or to improve wildlife habitat.

     (v) Daylighting as appropriate to the site.

     (vi) Maintenance or creation of a regenerating natural environment that will sustain low ground cover, shrubs, and understory and overstory trees to provide screening, wind, and sun protection.

     (vii) Control of forest diseases and insect infestations where adjacent forests are severely jeopardized or where a drastic alteration of the natural environment is expected to occur.

     (viii) Prevent the deterioration or loss of historical/cultural resources.

     (ix) Maintenance or construction of service roads for abatement of fires.

     (x) Modification of conditions to maintain or restore a desired plant community, species population, or ecological process.

     (xi) Grazing, hay removal, or other similar activities when performed under authority of a permit from the commission or director.

     (4) ((Harvest of edibles: Nonmarine edible plants and edible fruiting bodies, including fungi, shall be managed in accordance with subsections (1) through (3) of this section, except as follows and solely for the purpose of personal consumption or scientific or educational purposes:

     (a) Within a natural area preserve, no harvesting of edible plants or edible fruiting bodies, including fungi, is permitted, other than for scientific or educational purposes.

     (b) Within a recreation area, resource recreation area, natural area, natural forest area, or heritage area harvesting of edible plants and edible fruiting bodies, including mushrooms, berries and nuts is permitted: Provided, That the director or designee may close, temporarily close or condition such harvesting upon a finding that the activity is degrading or threatens to degrade the park's natural or cultural resources.

     (c) Prior to enforcement of any harvest restrictions pursuant to this subsection, state park areas so restricted shall be conspicuously posted with appropriate signs.

     (5))) Hazard tree review: At least two persons, one being a qualified professional in forestry or arboriculture, shall examine potentially hazardous trees and rate such trees in accordance with department of natural resources, report number 42, detection and correction of hazard trees in Washington's recreation areas. The rating of each tree examined shall be recorded on a hazard tree form by each of the two persons who examine such trees. For trees identified as hazardous and when feasible, action such as, but not limited to, pruning, topping, crown reduction, and relocation of a target facility, shall be taken prior to tree cutting or removal.

     (((6))) (5) Tree cutting and removal operations: Tree cutting or removal shall be done by park personnel, unless the personnel lack necessary expertise. If tree cutting or removal work is done by a contractor, park personnel shall provide daily on-site supervision to ensure that work and safety standards are met to prevent harm or damage to persons, trees, shrubbery, soils, and other park resources. When feasible, trees shall be felled in sections with the tops and limbs lowered first by guy wires and ropes in order to protect adjacent old-growth trees and the integrity of the remaining stand. Only skid trails premarked by park personnel may be used and equipment shall be kept on existing roads and parking areas to the fullest extent possible. When feasible, all trees damaged during cutting or removal shall be repaired.

     (((7))) (6) Use of fallen trees: Except where they may create safety hazards and/or interfere with the normal operation of a park, fallen trees shall be left on the ground when deemed environmentally beneficial or used for park purposes such as, but not limited to, approved building projects, trail mulching, and firewood. In natural forest areas and natural areas first consideration shall be given to leaving trees on the ground for natural purposes.

[Statutory Authority: RCW 43.51.040(1), [43.51.]045, [43.51.]050, [43.51.]060(1), [43.51.]061 and [43.51.]395. 96-01-078, § 352-28-010, filed 12/18/95, effective 1/18/96. Statutory Authority: RCW 43.51.040. 94-10-012, § 352-28-010, filed 4/25/94, effective 5/26/94. Statutory Authority: RCW 43.51.040 and 43.51.045. 84-08-017 (Resolution No. 76), § 352-28-010, filed 3/27/84; Order 7, § 352-28-010, filed 4/1/70.]

     (1) Personal consumption: The recreational harvest, possession, or transport of edible plants and edible fruiting bodies including, but not limited to, mushrooms, berries, and nuts, is allowed up to an amount of two gallons per person per day, unless otherwise posted at the park. The harvest amount may be comprised of one or more species. The harvest may occur within the following park classification areas: Recreation, resource recreation, natural, natural forest, heritage, or in parks not yet classified. No harvest of edible plants or edible fruiting bodies, including mushrooms, is allowed within a natural area preserve. This rule is not intended to limit federally reserved tribal rights, including treaty rights.

     (2) Scientific or educational projects: The harvest of edible plants and/or edible fruiting bodies, including mushrooms, for scientific or educational projects is subject to the prior written approval of the director or designee. The approval shall specify a harvest amount not to exceed the minimum quantity necessary for the purposes of the project. The harvest may occur within all park classification areas.

     (3) Harvest techniques that involve raking or other techniques that have the potential to degrade park natural or cultural resources are prohibited.

     (4) The director or designee may close, temporarily close, or condition public access to certain park areas for recreational harvesting of edibles upon finding that the activity degrades or threatens to degrade the park's natural or cultural resources, or to protect public health, safety, and welfare. Such closure shall be posted at the entrance to the park area affected and at the park office.

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