WSR 16-24-072
[Filed December 6, 2016, 2:16 p.m.]
Subject of Possible Rule Making: Title 222 WAC forest practices rules relating to a permanent water-typing system.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 76.09.040, 76.09.370.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The forest practices board is considering rule making to amend the water-typing rules. Rule amendments will provide a consistent, stable system to determine the water-type classification for all typed waters. The emphasis of the water-type system is to establish fish-bearing/nonfish-bearing habitat, or Type-F Water designations.
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, the timber, fish and wildlife (TFW) policy committee is evaluating components needed to establish a singular water-typing system rule and changes will be based on TFW policy's recommendations.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The forest practices board's rules pertaining to water quality protection must be in agreement with the director of the department of ecology or the director's designee on the board (RCW 76.09.040).
Process for Developing New Rule: The TFW policy committee continues to evaluate components needed to establish a singular water-typing rule and is expected to make additional recommendations to the board in mid-2017 on how to establish the break between fish and nonfish-bearing habitat waters or the Type F/N regulatory water type break. Included in these recommendations will be a fish habitat assessment methodology, how to identify off-channel habitat, and when to use default physical criteria for fish use.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by sending mail, fax, or e-mail comments to Patricia Anderson, Forest Practices Board Rules Coordinator, Department of Natural Resources, Forest Practices Division, 1111 Washington Street S.E., 3rd Floor, P.O. Box 47012, Olympia, WA 98504-7012, fax (360) 902-1428, e-mail
December 6, 2016
Stephen Bernath