Current through Register Vol. 22-07, April 1, 2022
, the fish
protection standards in the hydraulic code rules (chapter 220-110
applicable to forest practices activities are incorporated into the forest
will evaluate forest practices hydraulic projects on the basis of whether they
will meet fish protection standards. The primary objectives of the fish
protection standards are to:
(a) Protect fish
(b) Achieve no-net-loss of
productive capacity of fish or shellfish habitat;
(c) Minimize project-specific and cumulative
impacts to fish life; and
Mitigate for unavoidable impacts to fish life and fish habitat.
"Fish life," "protection of
fish life," "mitigation," and "no-net-loss" are defined in WAC
(a) "Fish life" means all fish species
including, but not limited to, food fish, shellfish, game fish, and other
nonclas-sified fish species and all stages of development of those
(b) "Protection of fish
life" means prevention of loss or injury to fish or shellfish, and protection
of the habitat that supports fish and shellfish populations.
"Mitigation" means actions required as
provisions of forest practices hydraulic projects to avoid or compensate for
impacts to fish life resulting from the proposed project activity. The type(s)
of mitigation required will be considered and implemented, where feasible, in
the following sequential order of preference:
(i) Avoiding the impact altogether by not
taking a certain action or parts of an action;
(ii) Minimizing impacts by limiting the
degree or magnitude of the action and its implementation;
(iii) Rectifying the impact by repairing,
rehabilitating, or restoring the affected environment;
(iv) Reducing or eliminating the impact over
time by preservation and maintenance operations during the life of the
(v) Compensating for the
impact by replacing or providing substitute resources or environments;
Monitoring the impact and
taking appropriate corrective measures to achieve the identified goal.
For projects with potentially significant impacts, a mitigation
agreement may be required prior to approval. Replacement mitigation may be
required to be established and functional prior to project construction.
(i) Avoidance or mitigation of adverse
impacts to fish life; or
Avoidance or mitigation of net loss of habitat functions necessary to sustain
fish life; or
mitigation of loss of area by habitat type.
Mitigation to achieve no-net-loss should benefit those
organisms being impacted.
The following general provisions shall
apply to forest practices hydraulic projects in Type S or F Waters:
(a) If fish may be adversely impacted as a
result of the project, the landowner may be required to capture and safely move
food fish, game fish, or other fish life (at the discretion of the department
in consultation with the department of fish and wildlife) to the nearest
free-flowing water. See board manual section 5 for further guidance.
(b) Disturbance to the stream bed, banks, and
riparian vegetation shall be restricted to that necessary to complete the
(c) All disturbed areas
shall be protected from erosion. The banks shall be revegetated with native or
other approved woody species, or stabilized with other approved erosion control
techniques, and maintained as necessary to ensure survival. See board manual
section 5 for technical guidance.
(d) Equipment shall not enter or operate
within the wetted perimeter of a stream unless such activity is approved in a
forest practices application.
Equipment shall be inspected, cleaned, and maintained to prevent loss of
petroleum products waterward of the ordinary high water line. See board manual
section 5 for further guidance.
Excavation for and replacement of footings and foundations shall be landward of
the ordinary high water line unless the construction site is separated from
typed waters by use of a dike, cofferdam, or other structure.
(g) Structures containing concrete shall be
sufficiently cured prior to contact with water.
Wash. Admin. Code § 222-16-025
76.09.040(3). WSR 13-21-032,
§ 222-16-025, filed 10/8/13, effective 12/30/13. WSR 13-21-003, §
222-16-025, filed 10/3/2013, effective