WSR 04-12-073

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 1, 2004, 10:46 a.m. ]

Title of Rule: Fishing definitions.

Purpose: Amend definition of "wild" fish.

Other Identifying Information: See WSR 04-11-120 for personal use definitions.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: The definition of a "wild" fish was modified through the North of Falcon process. This conforms sport and nonsport definitions.

Reasons Supporting Proposal: Definition consistency.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2373.

Name of Proponent: 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: Certain stocks of salmon are ventral fin clipped, but are treated as wild stocks for purposes of salmon recovery. For ease of identification and consistency, hatchery salmon are those with clipped adipose fins.

Proposal Changes the Following Existing Rules: Amend definition.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Evan Jacoby, Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091 , AND RECEIVED BY August 2, 2004.


June 2, 2004

Evan Jacoby

Rules Coordinator

OTS-7240.1


AMENDATORY SECTION(Amending WSR 97-18-035, filed 8/27/97, effective 9/27/97)

WAC 220-16-470   Wild.   "Wild" when used to describe the difference between a hatchery fish and a nonhatchery fish, except salmon, means a fish with all fins intact. A fish missing an adipose or ventral fin with a healed scar at the site is not a wild fish. When "wild" is used to describe a salmon, "wild" means a salmon with an intact adipose fin, regardless of whether the fish is ventral fin clipped.

[Statutory Authority: RCW 75.08.080 and 75.12.040. 97-18-035, 220-16-470, filed 8/27/97, effective 9/27/97.]

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