The Washington Department of Fish and Wildlife (WDFW) conducted rule making to revise Hydraulic Code Rules in chapter 220-660 WAC to implement elements of Engrossed Substitute House Bill (ESHB) 1261. This bill amended, in part, the law Construction Projects in State Waters - chapter 77.55 Revised Code of Washington (RCW), which gives WDFW hydraulic permitting authority. The Washington Fish and Wildlife Commission adopted the rule proposal on April 9, 2021. The revised rules go into effect on May 20, 2021.
- Specify that a standard Hydraulic Project Approval permit (HPA) is required to conduct mineral prospecting involving motorized or gravity siphon equipment;
- Remove all motorized mineral prospecting activities from the Gold and Fish pamphlet;
- Require proof of compliance with the federal Clean Water Act as part of a complete application for an HPA for mineral prospecting with motorized or gravity siphon equipment;
- Eliminate the annual reporting requirement for suction dredging HPAs; and
- Require aquatic invasive species prevention measures for motorized or gravity siphon equipment.
- Rules as adopted (April 19, 2021)
- CR-103 form (WSR 21-09-066, April 19, 2021)
- Concise Explanatory Statement (April 12, 2021)
- Final Regulatory Analysis for ESHB 1261 Rule Making (April 2, 2021)
- Implementation Plan (April 2, 2021)
- CR-102 form (WSR 20-24-121, Dec. 2, 2020)
- SEPA #20059 (Dec. 16, 2020)
- Small Business Economic Impact Statement (Dec. 10, 2020)
- CR-101 form (WSR 20-12-052, May 29, 2020)
Theresa Nation, WDFW Habitat Program
Announce rule making
Public invited to comment about scoping rules on this topic.
- CR-101 form (WSR 20-12-052, May 29, 2020)
Public comment period begins for rule proposal and SEPA
Public hearing and Washington Fish and Wildlife Commission briefing; SEPA comment period closes.
Rule-making comment period ends
Washington Fish and Wildlife Commission briefing and decision.
Rules become effective
Final 2020 Chinook salmon abundance (2SHB 1579) rule-making documents
Rules in response to 2SHB 1579 regarding Chinook salmon abundance were adopted by the Washington Fish and Wildlife Commission on April 24, 2020 and went into effect on June 12, 2020.
The new rules:
- Specify a preapplication process for projects landward of the Ordinary High Water Line to determine whether or not a HPA is required;
- Establish civil compliance rules, including a penalty schedule; and
- Specify that marine bank protection plans must show the location of the structure using benchmarks for a HPA permit application to be statutorily complete.
Learn more about the HPA application process.
- CR-103 Rule-Making Order (WSR 20-11-019, May 12, 2020)
- Concise Explanatory Statement (April 24, 2020)
- Summary of Comments and Responses (April 21, 2020)
- Implementation Plan (April 21, 2020)
- Final Regulatory Analysis (April 21, 2020)
- Proposed Rules for Adoption (April 21, 2020)
- Supplemental CR-102 form (WSR 20-06-053, March 2, 2020)
- CR-102 Proposed Rule Making (WSR 1924-081, Dec. 3, 2019)
- CR-101 Preproposal Statement of Inquiry (WSR 19-19-056, Sep. 16, 2019)
Final 2019 HPA Suction Dredge rule-making documents
As of Nov. 1, 2019, suction dredgers are no longer able to conduct suction dredging activities under the Gold and Fish pamphlet. The new rules also require suction dredgers to begin recording their activities starting Jan. 1, 2020, and submit annual reports each year. The first annual report is due Feb. 1, 2021.
All suction dredge equipment used in any Washington waters must be decontaminated according to department specifications before being used in a different water. Information about decontamination methods is available on the WDFW Aquatic Invasive Species webpage.
Suction dredge equipment used outside of Washington must be inspected for aquatic invasive species by an authorized department employee or agent before being used in Washington waters. Anyone bringing suction dredge equipment from outside Washington is urged to call the department's aquatic invasive species (AIS) hotline (1-888-WDFW-AIS) to determine how to receive an inspection before entering the state.
- CR-103 Rule Making Order (WSR 19-12-126, June 5, 2019)
- Concise Explanatory Statement (June 4, 2019)
- Response to Comments (For Fish and Wildlife Commission) (May 3, 2019)
- Implementation Plan (May 8, 2019)
- Final Regulatory Analysis (May 6, 2019)
- Final Small Business Economic Impact Statement (April 18, 2019)
- CR-102 Proposed Rule Making (WSR 19-05-094, March 6, 2019)
- CR-101 Preproposal Statement of Inquiry (WSR 18-11-037, May 28, 2018)