WSR 06-23-045

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed November 7, 2006, 1:39 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-15-054.

Title of Rule and Other Identifying Information: New section WAC 220-20-005 Oregon-Washington commercial license reciprocity. Provides recognition of Oregon commercial licenses in the common border area of the Columbia River when Oregon recognizes Washington commercial licenses.

Hearing Location(s): Washington Department of Fish and Wildlife, Region 5 Office, 2108 Grand Boulevard, Vancouver, WA, on January 4, 2007, at 1-3 p.m.

Date of Intended Adoption: January 5, 2007.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail barkemwb@dfw.wa.gov, fax (360) 902-2944, by December 20, 2006.

Assistance for Persons with Disabilities: Contact Nancy Burkhart by December 22, 2006, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Purpose of the proposal is to recognize the validity of Oregon commercial license when fishing the Washington side of the border where the Columbia River forms a common border between the two states. This allows both Washington and Oregon commercial license holders (charter and gillnet vessels) to fish the other states portion of the Columbia River but for Oregon charter vessels to not pick up or discharge passengers from the Washington shore.

Reasons Supporting Proposal: Reduces the need for each state commercial fishers to be licensed in both states in order to fish this area.

Statutory Authority for Adoption: RCW 77.65.010.

Statute Being Implemented: RCW 77.65.010.

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

Name of Proponent: Department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Morris W. Barker, 1111 Washington Street S.E., Olympia, (360) 902-2826; Implementation: Phil Anderson, 1111 Washington Street S.E., Olympia, (360) 902-2720; and Enforcement: Bruce Bjork, 1111 Washington Street S.E., Olympia, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No costs or record-keeping requirements will occur; however, commercial charter and gillnet vessels will save money by not being required to buy a license in both states to fish the common border boundary of the Columbia River.

A copy of the statement may be obtained by contacting Morris W. Barker, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2826, fax (360) 902-2944, e-mail barkemwb@dfw.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. These rule proposals do not affect hydraulic rules.

November 7, 2006

Morris Barker

Rules Coordinator

OTS-9234.2


NEW SECTION
WAC 220-20-005   Oregon-Washington commercial license reciprocity.   The following Oregon licenses are equivalent to Washington licenses and are valid in the concurrent waters of the Columbia River:

(1) An Oregon Columbia River gill net salmon vessel permit issued under ORS 508.775 - ORS 508.796 is equivalent to a Washington salmon gill net fishery license issued under RCW 77.65.160 (1)(a) or (c) in the concurrent waters of the Columbia River. A person who holds an Oregon Columbia River gill net salmon vessel permit may land salmon in Washington that were taken in the Columbia River salmon gill net salmon fishery.

(2) An Oregon ocean charter vessel license issued under ORS 830.435 is equivalent to a Washington charter license issued under RCW 77.65.150 in the concurrent waters of the Columbia River downstream of the bridge at Longview, except that an Oregon vessel may not take on or discharge passengers for any purpose from any Washington port, the Washington shore, or a dock, landing, or other point in Washington.

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Washington State Code Reviser's Office