Summary of proposed rule
The rule proposal establishes standards for director approval for fish passage and screening, ensuring that fish can freely migrate and move through and around obstructions and are not harmed by man-made transfers of water flow from a natural system. The rule proposal defines terms, identifies standards for evaluating inadequate fishways and water diversions, and outlines compliance requirements and agency enforcement options.
Based on public comments received on the rule publication, the department is currently revising its draft rules and will be refiling a supplemental rule publication.
Scope and rationale for proposed rule
In November 2018, the Southern Resident Orca Task Force published its report (PDF) identifying lack of preferred prey as a key threat to Southern Resident Orcas. Recommendation 3 of the report endorsed agencies to apply and enforce laws that protect fish habitat. Specifically, the Task Force noted that the Governor should direct WDFW to develop rules to fully implement WDFW’s fish passage and screening authorities in chapter 77.57 RCW. During the past several years, WDFW has worked with tribal partners, local governments, and other stakeholders to develop rules to ensure fish passage and protection that would benefit fish and, ultimately, southern resident orcas. A new chapter 220-670 WAC will contain the new rules.
Documents
- CR-102 - Continuance – filed as WSR 23-19-072 on Notice and opportunity to comment on this current rule-making proposal
Public hearing
Last hearing was held on October 26-28, 2023 at 9:00 am.
Detailed information about Fish and Wildlife Commission meetings can be found at https://wdfw.wa.gov/about/commission/meetings
State Environmental Policy Act (SEPA)
Please visit WDFW's SEPA page for more information.
For more information
An informational webinar was held on October 25, 2023. Refer to the meeting presentation (PDF). The recording of the webinar is available on our YouTube page.
More information is available on the Fish Passage Rule Making Page.
Staff Contact: Gabrielle Stillwater at FishPassageRules@dfw.wa.gov
Public comments
To view or submit public comments on this current proposal, please visit Fishway and Screening Rules public engagement page.
You may also submit a comment via email to 2024fishwaysCR101@publicinput.com or by leaving a voicemail message at 855-925-2801 and entering project code 7373.
The comment period closes at 11:59 pm on March 5, 2025.