WSR 07-18-070




[ Filed September 4, 2007, 10:27 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-15-027.

     Title of Rule and Other Identifying Information: WAC 220-130-040 Review and selection process, describes the review and selection process for the aquatic lands enhancement account (ALEA).

     Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98504, on October 12 and 13, 2007, at 8:00 a.m.

     Date of Intended Adoption: November 2 and 3, 2007.

     Submit Written Comments to: Josh Nicholas, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail, fax (360) 902-2183, by October 11, 2007.

     Assistance for Persons with Disabilities: Contact Susan Yeager by TTY (360) 902-2207 or (360) 902-2267.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to change the application period in WAC 220-130-040(2) from January 2 through March 31 to December 1 through February 28.

     Reasons Supporting Proposal:
Agency personnel will have time to perform a more thorough review of ALEA proposals.
The contracts office will have additional time to prepare contracts prior to the July 1 start date of ALEA projects.
Applicants who received grant awards will have an additional month for project planning.
Applicants who are not selected for a grant will have additional time to seek alternative funding for their projects.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington department of fish and wildlife, governmental.

     Name of Agency Personnel Responsible for Drafting: Josh Nicholas, Fish Program, 1111 Washington Street S.E., Olympia, WA, (360) 902-2685; Implementation: Lew Atkins, Fish Program, 1111 Washington Street S.E., Olympia, WA, (360) 902-2651; and Enforcement: Bruce Bjork, Enforcement Program, 1111 Washington Street S.E., Olympia, WA, (360) 902-2929.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule change will not impose costs on businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. The proposed rule does not affect hydraulics.

September 4, 2007

Loreva M. Preuss

Rules Coordinator


AMENDATORY SECTION(Amending Order 03-306, filed 12/11/03, effective 1/11/04)

WAC 220-130-040   Review and selection process.   (1) The application method is on application forms provided by the department specifically for this purpose. Application forms will be available by request from the Olympia headquarters and at all regional offices of the department.

     (2) Applications for projects will be accepted each year during the open application period of ((January 2 through March 31)) December 1 through February 28.

     (a) Applications accepted prior to the start of a biennium may be for project funding for one or both years of the ensuing biennium.

     (b) Applications accepted during the first year of a biennium will be for project funding in the second year of a biennium.

     (3) The funding decision deadline is May 31 of the year of application.

     (4) Exceptions to the funding deadline dates will only be allowed in the event of applications for volunteer projects which are responsive to an emergency situation which may arise and which has been declared to be an emergency by the director.

     (5) The department will send each applicant, within forty-five days of receipt of each application, a written acknowledgment of the receipt of the application and give the applicant an estimated date when notification of acceptance or rejection of the proposal can be expected. The written acknowledgment will also provide the department's selection criteria and a general description of the review and selection process. Final decisions and notification of acceptance or rejection of proposals where funding is requested will be made only after the biennial budget is passed by the legislature and signed by the governor.

     (6) The department will determine when a proposed project might affect the management programs of federal, other state, and local agencies and of treaty tribes and will make contact with these entities, when the department determines that it is appropriate to do so, during the review and selection process. If the department determines that ongoing coordination between a volunteer group and another agency or tribe would be appropriate, it may be required as a condition of the agreement, when issued.

     (7) The department may provide suggested modifications to the proposal which would increase its likelihood of approval together with the name and telephone number of the person within the department responsible for monitoring the review of the proposal.

[Statutory Authority: RCW 77.12.047. 04-01-055 (Order 03-306), § 220-130-040, filed 12/11/03, effective 1/11/04. Statutory Authority: RCW 75.08.080. 00-02-048 (Order 99-235), § 220-130-040, filed 12/30/99, effective 1/30/00. Statutory Authority: RCW 75.08.080 and 75.52.050. 99-11-004 (Order 99-44), § 220-130-040, filed 5/6/99, effective 6/6/99. Statutory Authority: RCW 75.08.080. 85-04-045 (Order 85-07), § 220-130-040, filed 2/1/85.]

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