WSR 04-19-064

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed September 15, 2004, 4:25 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-16-058.

Title of Rule and Other Identifying Information: Amend sport fishing rules on delivery of fish caught in Canada.

Hearing Location(s): Chelan County Auditorium, 400 Douglas, Wenatchee, WA 98801, on November 5-6, 2004, begins 8:00 a.m. on November 5, 2004.

Date of Intended Adoption: November 5, 2004.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2930.

Assistance for Persons with Disabilities: Contact Susan Yeager by October 22, 2004, TTY (360) 902-2267 or (360) 902-2207.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Since 1992 it has been unlawful to land salmon into a Washington port if the adjacent waters are closed to salmon fishing. This rule was established to prevent day trips into Canadian waters to fish for salmon in contiguous waters when the salmon fishing was closed for conservation purposes in Washington. This rule was precipitated by the 1991 coho conservation closure, during which 7,000 angler trips were recorded as having been made into Canada from Strait of Juan de Fuca Washington ports. A recent proposed decision by Whatcom County District Court has questioned the rule, based on a void for vagueness argument that the rule defines neither "landing" nor "port." This proposal is intended to correct these defects.

Reasons Supporting Proposal: Protection of Washington salmon stocks.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Rule is necessary because of state court decision, Whatcom County Dist. Ct. Nos. L 77078, L 77079, L 77085, and L 77089.

Name of Proponent: Department of Fish and Wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, WA, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, WA, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, WA, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule affects recreational fishers. It has no direct regulatory effect on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. Not hydraulics rules.

September 15, 2004

Evan Jacoby

Rules Coordinator

OTS-7434.2


AMENDATORY SECTION(Amending Order 92-19, filed 5/12/92, effective 6/12/92)

WAC 220-56-156   ((Landing)) Delivering Canadian origin food fish and shellfish.   It is unlawful to ((land in any)) deliver into a Washington state port, moorage, anchorage, or vessel launching facility shellfish or food fish taken for personal use from Canadian waters unless the person ((landing)) delivering the shellfish or food fish possesses a Canadian sport fishing license and catch record, if one is required, valid for the period when the shellfish or food fish were taken. For purposes of this section, "delivery" means transportation by a private or commercial recreational fishing vessel and delivery is complete when the vessel anchors, moors, ties to a float or pier, or is placed or attempted to be placed on a boat trailer. Fresh salmon taken for personal use from Canadian waters and ((landed at)) delivered to a Washington port, moorage, anchorage, or vessel launching facility must meet current salmon regulations for ((that)) the waters of or adjacent to that port, moorage, anchorage, or vessel launching facility.

[Statutory Authority: RCW 75.08.080. 92-11-012 (Order 92-19), 220-56-156, filed 5/12/92, effective 6/12/92; 90-08-001 (Order 90-22), 220-56-156, filed 3/22/90, effective 4/22/90; 85-09-017 (Order 85-20), 220-56-156, filed 4/9/85.]

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