The Washington Department of Fish and Wildlife (WDFW) started the process to create new rules to implement elements of Engrossed Substitute House Bill (ESHB) 1109. This bill became effective July 28, 2019 and amended the law governing Construction Projects in State Waters - Chapter 77.57 Revised Code of Washington (RCW), better known as the Fishways, Flow, and Screening Statutes.
This rulemaking effort is rooted in recommendations from the Southern Resident Orca Task Force. In 2018, the task force published its report (PDF) identifying lack of prey as a key threat to Southern Resident Orcas. Recommendation three of the report endorsed agencies to apply and enforce laws that protect habitat. Specifically, the task force noted that the governor should direct WDFW to develop rules to fully implement RCW 77.57.
The main goals are to develop a new rule section under title 220 Washington Administrative Code (WAC) as necessary to implement chapter 77.57 RCW. A new chapter 220-670 WAC will contain the new rules.
These rules will:
- Codify standards for determining inadequate structures by WDFW for
- Fishways; and
- Screening and diversions.
- Address compliance issues for instream structures and screening, providing
- Steps to bring owners into compliance; and
- The effects of non-compliance.
Get involved
You can participate in development of the proposed rules by submitting your comments by email to 2024fishwaysCR101@publicinput.com, online, or by phone (855-925-2801, project code 7373).
Public hearing
The Washington Fish and Wildlife Commission heard a briefing and held a public hearing on the proposed rules during its October 26-28, 2023 hybrid meeting in Olympia. 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. The department will make the draft available once it has been finalized.
More information will be posted to the Commission webpage as it becomes available.
SEPA review
The proposed rules are also undergoing a state environmental review process, referred to as a State Environmental Policy Act (SEPA) review. More information is available on our SEPA webpage.
Rulemaking supporting material
- Fishways, Flow, and Screening Proposed Rule: Cost Benefit Analysis (PDF)
- Fishways, Flow, and Screening Proposed Rule: Small Business Economic Impact Statement (PDF)
Learn more
- Reference the 2023 draft of the rules (PDF).
- Review the second draft of fish passage rule language (PDF).
- Review the first draft of fish passage rule language (PDF).
- Reference recorded public meetings
- Reference rulemaking presentations
Contact
Gabrielle Stilwater, Fish Passage Policy and Rules Coordinator:
fish-passage-rules@publicinput.com
Rule Making – Materials and Timeline
| Dates | Actions |
|---|---|
| February 2021 |
Share first draft of fish passage rule language (PDF).
Public meeting - Feb. 25, 2021, from 1 p.m. to 2 p.m. |
| July 2020 |
Announce rule making and invite comments about scoping rules on this topic.
Public meeting - July 29, 2020, from 1 p.m. to 4 p.m. |