RMAP Rules Close to Completion - Board To Review Draft Rules

 

Dan Wood
Washington State Farm Bureau

 

9/15/05

Subsequent to the passage of the Forest and Fish legislation in 1999, rules developed to implement the act, especially related to Road Maintenance and Abandonment Plans (RMAP), became an issue of concern for small forestland owners.  The initial rules adopted by the Forest Practices Board did not sufficiently protect small forestland owners from unnecessary and burdensome regulations. 

 

Farm Bureau engaged in a major grassroots effort to modify the rules to ensure that the rules were fair and did not drive forestland owners out of business.

 

This concern for small forestland owners drove Farm Bureau to press for legislative change during the 2003 legislative session.  A legislative "fix" coupled with an intense grassroots effort produced HB 1095, a major victory for small forestland owners. 

 

HB 1095 directed the Department of Natural Resources to rewrite the Forest and Fish rules for small forestland owners in several key areas.  Small forestland owners were clearly defined as those who harvest not more than two million board feet of timber per year.  A Road Maintenance and Abandonment Plan (RMAP) checklist was authorized, and clarity was provided as to what fish passage barriers had to be replaced first (worst first) and how they were to be financed.

 

In response to the legislation, the Forest Practices Board engaged in emergency rulemaking to modify the RMAP program as related to small forestland owners. 

 

Farm Bureau and other stakeholders were very active and successful at guiding the new rules.  However, the rule effort failed in the final hours as the Forest Practices Board modified the "agreed to" draft rule in several unacceptable ways. 

 

The issue of greatest concern was the linking of the 2016 date for full compliance with the RMAP provisions and fish passage barrier removal provisions of Forest and Fish.  HB 1095 clearly dealt with this issue by directing the state to provide a cost share program for fish passage barrier removal.  Goals were to be established and attempted to be met, but 2016 was not intended to apply to small forestland owners.

 

The Department of Natural Resources held a stakeholder process at the end of 2004 through early 2005 in order to develop the permanent rules to implement HB 1095. 

 

Farm Bureau was once again at the table to ensure that the intent of HB 1095 was fully expressed in the rules.  The Department was very cooperative and mindful of the legislative direction. 

 

The rule package is now complete, and the Board will hold public hearings and move to final rule adoption.  We are pleased to share that the draft rule includes favorable resolution of each of our main issues, particularly the 2016 date reference.  Much of the emergency rule language was modified to directly reflect the text from HB 1095.

 

The draft rule is available from DNR or on the internet at http://www.dnr.wa.gov/forestpractices/rules/.

 

The schedule for and location of public comment meetings is as follows:

·        Omak on November 17, 2005, at the Sun Valley Restaurant

·        Colville on November 29, 2005, at the Community College of Spokane

·        Kelso on December 1, 2005, at the Red Lion Kelso

·        Walla Walla on December 13, 2005, at Walla Walla Community College, Alumni Board

            Room

·        Everett on December 15, 2005, at the Inn at Port Gardner

 

It is critical that we have strong representation by Farm Bureau members at each of these meetings to ensure that the key issues affecting small forestland owners will be resolved once and for all, without the need for additional legislation.  We encourage you to attend and to encourage the Forest Practices Board to adopt the rule as drafted.