PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-10-076.
Title of Rule: Volunteer groups and funding.
Purpose: Amend group boundaries and change decision process for funding.
Statutory Authority for Adoption: RCW 77.12.047, 77.95.090.
Statute Being Implemented: RCW 77.12.047.
Summary: Change RFEG boundaries, provide simplified mechanism for application for funding.
Reasons Supporting Proposal: Encourage RFEG participation by watershed, make it easier to apply for and receive funding.
Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Tim Smith, 1111 Washington Street, Olympia, 902-2221; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2927.
Name of Proponent: Washington State Department of Fish and Wildlife, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The process for application for and selection for funding of volunteer groups will be simplified, with a uniform application date of March 1st of each year, and a funding decision by June 30th of that year. This provides surety to volunteer groups. The boundaries of regional fisheries enhancement groups are amended to reflect the watersheds that the various RFEGs impact with projects. Use of WIRAs and watersheds emphasizes the habitat work being done by the RFEGs.
Proposal Changes the Following Existing Rules: New funding application protocol for volunteer cooperatives. New RFEG boundaries.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules affect volunteer cooperatives and regional fisheries enhancement groups, neither of which are small businesses.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.
Hearing Location: Methow Valley Community Center, 231 Methow Valley Road, Twisp, on August 3-4, 2001, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by July 27, 2001, TDD (360) 902-2207, or (360) 902-2226.
Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by August 2, 2001.
Date of Intended Adoption: August 3, 2001.
June 19, 2001
Evan Jacoby
Rules Coordinator
OTS-4909.1
AMENDATORY SECTION(Amending Order 99-235, filed 12/30/99,
effective 1/30/00)
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 ((may)) must be submitted ((at
any time, however, applications must be submitted at least sixty
days prior to the funding decision deadlines to allow review and
evaluation by the department)) by March 1st of each year.
(3) The funding decision deadline((s)) will be June 30((,
September 30 and December 31 in odd-numbered years, March 31 and
June 30 in even-numbered years)) of each year.
(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 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.]
OTS-4910.1
AMENDATORY SECTION(Amending Order 00-200, filed 9/28/00,
effective 10/29/00)
WAC 220-140-020
((Geographical)) Description of regional
fisheries enhancement groups.
((The following geographical areas
are designated as areas from which groups may be formed, and
after being established as provided for in this chapter, such
groups are eligible to make funding requests through the
department. There shall be one group per region.
(1) Region 1: Nooksack/SamishMarine Areas: 7, 7A, 7B, 7C, 7DWatersheds: Those entering the above marine
areas, including Bellingham Bay, Samish Bay, and
Padilla Bay. Major rivers include Nooksack and
Samish.
(2) Region 2: SkagitMarine Areas: 6A, 8Watersheds: Those entering Skagit Bay and
Saratoga Passage south to East Point on Whidbey
Island. The major watersheds are the Skagit River
and its tributaries.
(3) Region 3: Stillaguamish/SnohomishMarine Areas: 8A, 8DWatersheds: Those entering Port Susan, Port
Garner, and Possession Sound, also Saratoga
Passage south from Elger Bay. Major rivers
include Stillaguamish and Snohomish and their
tributaries.
(4) Region 4: Mid-SoundMarine Areas: 10, 10A-G, 11Watersheds: Those entering Elliott Bay, Lake
Washington, Lake Sammamish, East Passage,
Colvos Passage, Sinclair Inlet, Dyes Inlet, Port
Orchard, Port Madison. Major rivers include
Cedar and Green.
(5) Region 5: South SoundMarine Areas: 13, 13A-KWatersheds: Those entering Carr Inlet,
Commencement Bay, Henderson Bay, Case Inlet,
Nisqually Reach, Henderson Inlet, Budd Inlet, Eld
Inlet, Totten Inlet, Hammersley Inlet, and Oakland
Bay. Major rivers include Puyallup, Nisqually,
and Deschutes.
(6) Region 6: Hood CanalMarine Areas: 12, 12A-DWatersheds: Those entering Hood Canal, Dabob
Bay, and Quilcene Bay. Major rivers include
Skokomish, Hamma Hamma, Duckabush,
Dosewallips, and Quilcene.
(7) Region 7: Strait of Juan de FucaMarine Areas: 4B, 5, 6B, 6C and Area 9 north of
Foulweather Bluff.Watersheds: Those entering Admiralty Inlet and
the Straits of Juan de Fuca. Major rivers include
the Dungeness, Elwha, Lyre, Pysht, Clallam, and
Hoko.
(8) Region 8: North CoastWatersheds: Those entering directly into the
Pacific Ocean, including Ozette, Quillayute, Hoh,
Queets, and Quinault.
(9) Region 9: Grays HarborWatersheds: Those entering Grays Harbor,
including Humptulips, Hoquiam, Wishkah,
Chehalis, and Johns.
(10) Region 10: Willapa BayWatershed: Those entering Willapa Bay,
including North River, Willapa, Nemah, and
Naselle.
(11) Region 11: Lower Columbia RiverWatersheds: Those entering the Columbia River
below Bonneville Dam, including Grays,
Elochoman, Cowlitz, Kalama, Lewis, and
Washougal.
(12) Region 12: Mid-Columbia RiverWatersheds: Those entering the Columbia River
(from the north and west) above Bonneville Dam
up to Rock Island Dam. Major rivers include
Little White Salmon, White Salmon, Wind,
Yakima, and Klickitat. (WRIAs 29, 30, 31, 37,
38, 39, 40)(13) Region 13: South Eastern WashingtonWatershed: Those entering the Columbia River
above McNary Dam from the east including the
Snake and Walla Walla rivers and their tributaries.
(WRIAs 32, 33, 35)(14) Region 14: Upper Columbia RiverWatersheds: Those entering the Columbia River
above Rock Island Dam up to and including the
San Poil watershed. Major rivers include the
Wenatchee, Entiat, Methow, Okanogan and San
Poil rivers and their tributaries. (WRIAs 44, 45,
46, 47, 48, 49, 50, 51, 52)))
The following geographical areas define regions in which groups
have been formed, and established as provided for in this
chapter, such groups are eligible to make funding requests
through the department. There shall be one group per region.
Region 1: Nooksack Salmon Enhancement
Association
Includes most of WRIA 1: The major watershed is
the Nooksack River. This region also includes
nearshore habitat and other watersheds located
from the Canada-U.S. border south to Oyster
Creek in Samish Bay and also watersheds flowing
from Whatcom County to the Fraser River.
Region 2: Skagit Fisheries Enhancement Group
Includes WRIAs 2, 3 and 4, and parts of 1 and 6:
The major watersheds are the Skagit and Samish
rivers. This region also includes nearshore habitat
and other watersheds located from Samish Bay,
south of Oyster Creek, south to and including,
Penn Cove on Whidbey Island, out to and
including, the San Juan Islands.
Region 3: Stilly-Snohomish Fisheries Enhancement
Task Force
Includes WRIAs 5 and 7 and parts of 6 and 8: The
major watersheds are the Stillaguamish and
Snohomish rivers. This region also includes
nearshore habitat and other watersheds located;
south of Penn Cove on Whidbey Island, including
Camano Island; the mainland south to the
Edmonds ferry dock.
Region 4: Mid-Sound Salmon Enhancement Group
Includes WRIAs 8 and 9 and part of 15: The
major watersheds are those entering Lake
Washington and the Green/Duwamish River. This
region also includes nearshore habitat and other
watersheds located from the Edmonds ferry dock
south to Brown's Point, across to the north side of
Gig Harbor, and north around Foulweather Bluff
down to the Hood Canal Bridge.
Region 5: South Puget Sound Salmon Enhancement
Group
Includes WRIAs 10, 11, 12 and 13 and parts of 14
and 15: The major watersheds are the Puyallup,
Nisqually, and Deschutes rivers. This region also
includes nearshore habitat and other watersheds
draining into Puget Sound south of a line between
Brown's Point and the north side of the entrance to
Gig Harbor.
Region 6: Hood Canal Salmon Enhancement Group
Includes WRIA 16 and parts of 14, 15 and 17:
Major watersheds include the Skokomish, Hamma
Hamma, Duckabush, Dosewallips, and Quilcene
rivers. This region also includes nearshore habitat
and other watersheds located in Hood Canal south
of the Hood Canal Bridge.
Region 7: North Olympic Salmon Coalition
Includes WRIAs 18 and 19 and part of 17: Major
watersheds include the Dungeness, Elwha, Lyre,
Pysht, Clallam, and Hoko rivers. This region also
includes nearshore habitat and other watersheds
located north and west of the Hood Canal Bridge,
to Cape Flattery.
Region 8: Pacific Coast Salmon Coalition
Includes WRIAs 20 and 21: Major watersheds
include the Sooes, Ozette, Quillayute, Hoh,
Queets, and Quinault rivers. This region also
includes nearshore habitat and other watersheds
entering directly into the Pacific Ocean between
Cape Flattery and the north side of Grays Harbor.
Region 9: Chehalis Basin Fisheries Task Force
Includes WRIAs 22 and 23: Major watersheds
include the Humptulips, Hoquiam, Wishkah, Johns
and Chehalis rivers. This region also includes
nearshore habitat within, and other watersheds
flowing into Grays Harbor.
Region 10: Willapa Bay Regional Fisheries
Enhancement Group
Includes most of WRIA 24: Major watersheds
include the North, Willapa, Palix, Nemah, Bear,
Long Island and Naselle rivers. This region also
includes nearshore habitat within, and other
watersheds flowing into Willapa Bay.
Region 11: Lower Columbia Fish Enhancement
Group
Includes WRIAs 25, 26, 27 and 28 and parts of 24
and 29: Major watersheds include the Chinook,
Grays, Elochoman, Cowlitz, Kalama, Lewis, and
Washougal rivers. This region also includes
Columbia River habitat and other watersheds
entering the Washington side of the Columbia
River below Bonneville Dam.
Region 12: Mid-Columbia Regional Fisheries
Enhancement Group
Includes WRIAs 30, 31, 37, 38, 39 and 40 and
most of 29: Major watersheds include the Little
White Salmon, White Salmon, Wind, Yakima, and
Klickitat rivers. This region also includes
Columbia River habitat and other watersheds
entering the Columbia River from the north and
west above Bonneville Dam, up to Rock Island
Dam.
Region 13: Tri-State Steelheaders Regional Fisheries
Enhancement Group
Includes WRIAs 32, 33 and 35 and parts of 34 and
36: Major watersheds include the Snake and
Walla Walla rivers. This region also includes
Columbia River habitat and other watersheds
entering the Columbia River from the east between
McNary Dam and the Interstate 182 Bridge at
Richland.
Region 14: Upper Columbia Fisheries Enhancement
Group
Includes WRIAs 44, 45, 46, 47, 48, 49, 50, 51 and
52: Major watersheds include the Wenatchee,
Entiat, Methow, Okanogan and San Poil rivers.
This region also includes Columbia River habitat
and other watersheds entering the Columbia River
above Rock Island Dam up to and including the
San Poil watershed.
[Statutory Authority: RCW 77.12.047. 00-20-040 (Order 00-200),
220-140-020, filed 9/28/00, effective 10/29/00. Statutory
Authority: 1989 c 426 and RCW 75.08.080. 90-04-026 (Order
90-06), 220-140-020, filed 1/30/90, effective 3/2/90.]