The Washington Department of Fish and Wildlife (WDFW) has released the second draft of new rules to implement elements of session law HB 1109 (2019 Operating Budget). This bill became effective July 28, 2019, and WDFW is amending the law governing Construction Projects in State Waters – RCW Chapter 77.57, better known as the Fishways, Flow, and Screening Statutes, in response.
The stated intent of the rules will:
- Codify standards used by WDFW for
- Instream structures;
- Screening and diversions; and
- Climate adaptive water crossing structures.
- Address compliance issues for instream structures and screening, providing
- Steps to bring owners into compliance; and
- The effects of non-compliance.
There are two potentially concerning aspects to the rulemaking that we would like feedback on:
- The draft rule applies to existing and new fishways and water diversions on lakes, rivers, or streams.
- Proposed enforcement actions for non-compliance appear inconsistent with underlying statute granting authority, which states the changes may
be required “without cost to the owner.”
Cities can participate in development of the proposed rules by submitting comments by email to FishPassage101@PublicInput.com, online, or by phone (855-925-2801 project code 4535). Reference thesecond draft of the rules.
The slidedeck from the October 25 meeting is avilable, as well as the recording.
Please send comments to AWC’s Carl Schroeder or Shannon McClelland as well.