WSR 18-11-037
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
FISH AND WILDLIFE
[Filed May 8, 2018, 1:41 p.m.]
Subject of Possible Rule Making: On April 14, 2018, the fish and wildlife commission directed the Washington department of fish and wildlife (WDFW) to initiate a rule making to require individual hydraulic project approvals (HPA) for all suction dredge mineral prospecting. To accomplish this requirement, WDFW plans to amend two sections and create a new section under chapter 220-660 WAC. WAC 220-660-300 regulates common mineral prospecting methods authorized under WDFW's "Gold and Fish" pamphlet. WDFW's goal in this rule making is to modify existing rules and create new rules that will permit motorized and nonmotorized suction dredging activities in the state through individual HPAs while providing protection for fish life.
WDFW's objectives in this rule making include the following:
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Develop an individual HPA application method for suction dredging that is streamlined;
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Develop application and reporting methods to enable WDFW to determine:
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The number of prospectors engaged in suction dredging; and
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Where and how much suction dredging occurs; and
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Identify methods to prevent the spread of aquatic invasive species through the movement of suction dredging equipment into and around the state.
WDFW will develop rules in cooperation with the recreational mining community and other interested parties.
The rule making as proposed would amend WAC 220-660-030 Definitions and 220-660-300 Mineral prospecting and create a new section under chapter 220-660 WAC.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012, 77.12.047, 77.55.021, 77.55.091, and 34.05.328.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WDFW proposes changes to sections under chapter 220-660 WAC to achieve the following outcomes:
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Modify existing rules or create new rules that will permit motorized and nonmotorized suction dredging activities in the state through individual HPAs while providing protection for fish life.
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Develop an individual HPA application method for suction dredging that is streamlined.
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Develop application and reporting methods to enable WDFW to determine the number of prospectors engaged in suction dredging and where and how much suction dredging occurs.
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Identify methods to prevent the spread of aquatic invasive species through the movement of mineral prospecting equipment around the state.
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Make other essential changes to WAC 220-660-030 and 220-660-300 that clarify language, intent or accommodate administrative changes.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: WDFW is the sole authority regulating hydraulic projects under chapter 77.55 RCW, and the only state agency that regulates hydraulic projects solely for the protection of all fish life. The U.S. Army Corps of Engineers, Washington department of ecology, Washington department of natural resources, Washington state parks, and local governments also regulate certain aspects of hydraulic projects under their own authorities. National Marine Fisheries Service and U.S. Fish and Wildlife Service regulate the "take" of threatened or endangered species listed under the federal Endangered Species Act. Federal land managers, including U.S. Forest Service, National Parks Service, and Bureau of Land Management, regulate activities occurring on federal lands and have an interest in state hydraulic code regulations. Tribes regulate fisheries and certain aspects of construction projects on tribal lands. Each of these entities will be invited to comment on draft rules during the rule-making process. Their comments and concerns will be carefully considered in rule change decisions. In addition to the public comment and hearing process, WDFW is coordinating with federal and state agencies having an identified interest in rules in WAC 220-660-300.
Process for Developing New Rule: WDFW determined that the standard process for the adoption of administrative rules under the Administrative Procedures [Procedure] Act (chapter 34.05 RCW) and the provisions for significant legislative rules (RCW 34.05.328) is the appropriate process for hydraulic code rule making. Negotiated rule making is not practicable because it would increase the time needed and the cost of rule making and provide little or no additional benefit while pilot rule making is not applicable because the proposed amendments apply statewide.
Consequently, WDFW will hold public meetings to solicit input from interested parties about the content of the proposed rule amendments prior to filing a notice of proposed rule making. Information about the status of the HPA rule-making process can be found on the HPA rule-making web site at http://wdfw.wa.gov/licensing/hpa/rulemaking/. When the proposal (CR-102) for the rule making is filed, the department will announce how and when interested parties can submit public comment on proposed rules, and announce when and where the fish and wildlife commission will hold a public hearing on the rule proposals via the department web site. The web site will also provide information about dates when the fish and wildlife commission will receive briefings on the proposed rules.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Randi Thurston, P.O. Box 43234, Olympia, WA 98504-3234, phone 360-902-2602, fax 360-902-2946, TTY 800-833-6388, email HPARules@dfw.wa.gov, web site http://WDFW.wa.gov, HPA rule-making web site http://wdfw.wa.gov/licensing/hpa/rulemaking/.
May 8, 2018
Scott Bird
Rules Coordinator