WSR 04-21-056

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 18, 2004, 2:57 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-16-044.

Title of Rule and Other Identifying Information: Rules pertaining to commercial sales of an unclassified marine invertebrate (krill).

Hearing Location(s): Shilo Inn, Ocean Shores Boulevard N.W., Ocean Shores, WA 98569, on December 3-4, 2004, begins 8:00 a.m. December 3rd.

Date of Intended Adoption: December 3, 2004.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by December 2, 2004.

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

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to prohibit the commercial harvest, sale and traffic in krill. The anticipated effect is to prevent human exploitation of and competition for a resource that provides a substantial food source to baleen whales and many exploited populations of marine fish.

Reasons Supporting Proposal: Commercial krill fisheries are prohibited in the coastal states of Oregon and California and this would allow and provide for Washington to prevent harvest from marine waters being sold or trafficked through Washington.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Rule is not necessitated by federal law, federal or state court decision.

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

Name of Agency Personnel Responsible for Drafting: Morris Barker, Natural Resources Building, 1111 Washington Street S.E., Olympia, WA, (360) 902-2826; Implementation: Lew Atkins, Natural Resources Building, 1111 Washington Street S.E., Olympia, WA, (360) 902-2651; and Enforcement: Bruce Bjork, Natural Resources Building, 1111 Washington Street S.E., Olympia, WA, (360) 902-2373.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: Rule prohibits commercial harvest and trafficking in krill, an unclassified marine invertebrate.

2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: No professional services required.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: There are no costs for compliance.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No loss of sales or revenue will occur.

5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:

1. Cost per employee;

2. Cost per hour of labor; or

3. Cost per one hundred dollars of sales.

There are no costs of compliance.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: The agency has not taken any steps to reduce costs as there are no small businesses involved in this fishery.

7. A Description of How the Agency will Involve Small Businesses in the Development of the Rule: Small business may become involved through the public hearing process conducted under the auspices of the Fish and Wildlife Commission.

8. A List of Industries That will be Required to Comply with the Rule: Commercial fishing industries that could take or sell krill.

A copy of the statement may be obtained by contacting Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail jacobesj@dfw.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. The rule is not a hydraulic rule proposal.

October 18, 2004

Evan Jacoby

Rules Coordinator

OTS-7594.1


NEW SECTION
WAC 220-20-013   Unlawful possession and sale of unclassified marine invertebrates.   (1) It is unlawful to deliver krill taken for commercial purposes from state or offshore waters into Washington state, and it is unlawful to possess krill taken for commercial purposes. Violation of this subsection is punishable under RCW 77.15.140.

(2) It is unlawful to traffic in krill. Violation of this subsection is punishable under RCW 77.15.260.

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