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/Samish
			Marine Areas: 7, 7A, 7B, 7C, 7D
			Watersheds: Those entering the above marine areas, including Bellingham Bay, Samish Bay, and Padilla Bay. Major rivers include Nooksack and Samish.
	(2) Region 2: Skagit
			Marine Areas: 6A, 8
			Watersheds: 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/Snohomish
			Marine Areas: 8A, 8D
			Watersheds: 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-Sound
			Marine Areas: 10, 10A-G, 11
			Watersheds: 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 Sound
			Marine Areas: 13, 13A-K
			Watersheds: 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 Canal
			Marine Areas: 12, 12A-D
			Watersheds: 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 Fuca
			Marine 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 Coast
			Watersheds: Those entering directly into the Pacific Ocean, including Ozette, Quillayute, Hoh, Queets, and Quinault.
	(9) Region 9: Grays Harbor
			Watersheds: Those entering Grays Harbor, including Humptulips, Hoquiam, Wishkah, Chehalis, and Johns.
	(10) Region 10: Willapa Bay
			Watershed: Those entering Willapa Bay, including North River, Willapa, Nemah, and Naselle.
	(11) Region 11: Lower Columbia River
			Watersheds: Those entering the Columbia River below Bonneville Dam, including Grays, Elochoman, Cowlitz, Kalama, Lewis, and Washougal.
	(12) Region 12: Mid-Columbia River
			Watersheds: 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 Washington
			Watershed: 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 River
			Watersheds: 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.]