(1) Types of reserves: Educational, environmental, scientific - see definitions (WAC 332-30-106
(2) Aquatic lands of special educational or scientific interest or aquatic lands of special environmental importance threatened by degradation shall be considered for reserve status. Leases for activities in conflict with reserve status shall not be issued.
(3) The department or other governmental entity or institution may nominate specific areas for consideration for reserve status.
(4) Such nominations will be reviewed and accepted or rejected by the commissioner of public lands based upon the following criteria:
(a) The site will accomplish the purpose as stated for each reserve type.
(b) The site will not conflict with other current or projected uses of the area. If it does, then a determination must be made by the commissioner of public lands as to which use best serves the public benefit.
(c) Management of the reserve can be effectively accomplished by either the department's management program or by assignment to another governmental agency or institution.
(5) The department's reserves management program consists of prevention of conflicting land use activities in or near the reserve through lease actions. In those cases where physical protection of the area may be necessary the management of the area may be assigned to another agency.
(6) When DNR retains the management of reserve areas the extent of the management will consist of a critical review of lease applications in the reserve area to insure proposed activities or structures will not conflict with the basis for reserve designation. This review will consist of at least the following:
(a) An environmental assessment.
(b) Request of agencies or institutions previously identified as having a special interest in the area for their concerns with regard to the project.
(7) Proposed leases for structures or activities immediately adjacent to any reserve area will be subjected to the same critical review as for leases within the area if the structures and/or activities have the potential of:
(a) Degrading water quality,
(b) Altering local currents,
(c) Damaging marine life, or
(d) Increasing vessel traffic.
(8) All management costs are to be borne by the administering agency. Generally, no lease fee is required.
[Statutory Authority: RCW 43.30.150. 80-09-005 (Order 343), § 332-30-151, filed 7/3/80.]