WAC 173-183-250. Damage assessment studies

(1) If the RDA committee, after considering the factors enumerated in WAC 173-183-240 (3), determines that the damages to be investigated are quantifiable at a reasonable cost and that proposed assessment studies are clearly linked to quantification of the damages incurred, then the RDA committee may authorize damage assessment studies.

(2) If the RDA committee authorizes damage assessment studies under RCW 90.48.367 (3), the RDA committee chair shall promptly notify the potentially liable party of this decision.

(3) The state trustee agency(ies) responsible for the potentially injured resource and habitat shall conduct the damage assessment studies and pursue all appropriate remedies with the responsible party. The RDA committee shall consider the proposed damage assessment studies and the effects of any proposed remedies in a timely manner, consistent with WAC 173-183-240 (3).

(4) As new information becomes available, the committee may reevaluate the scope of damage assessment studies using the factors listed in WAC 173-183-240 (3), and may reduce or expand the scope of damage assessment studies as appropriate.

(5) The department may negotiate with a potentially liable party to perform restoration and enhancement projects or studies which may substitute for all or part of the damages determined through the damage assessment studies.