WSR 05-20-096



[ Filed October 5, 2005, 9:11 a.m. ]

Subject of Possible Rule Making: The Forest Practices Board is considering amending rules related to determining perennial initiation points on a Type Np water.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 76.90.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 222-16-030 and 222-16-031 currently provide for water typing default basin sizes for western and eastern Washington on Type Np/Type 4 (perennial nonfish habitat) streams. The default option is for landowners who cannot identify the uppermost point of perennial flow with simple, nontechnical observations.

Pursuant to RCW 76.09.370, the Forest Practices Board incorporates a scientific-based adaptive management process to determine the effectiveness of the 2001 forest practices rules in aiding Washington's salmon recovery effort. Under this adaptive management process, a scientific study has been completed by the Forest Practices Board's Cooperative Monitoring, Evaluation, and Research Committee, Type N Stream Demarcation Study, Phase I: Pilot Results. It indicates that the default basin sizes available for use in determining stream perennial initiation points are incorrect. The board is considering eliminating the default basin sizes in the rules.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Forest Practices Board adopts rules pertaining to water quality protection with agreement from the Washington Department of Ecology.

Process for Developing New Rule: Negotiated rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Mail, e-mail, or fax comments to Forest Practices Board, c/o Patricia Anderson, Rules Coordinator, Department of Natural Resources, Forest Practices Division, P.O. Box 47012, Olympia, WA 98504-47012 [98504-7012], fax (360) 902-11428 [902-1428], e-mail

October 4, 2005

Leonard Young, Acting

for Pat McElroy, Chair

Washington State Code Reviser's Office