WSR 07-11-170

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed May 23, 2007, 11:42 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-07-015.

Title of Rule and Other Identifying Information: WAC 220-20-005 Oregon-Washington commercial license reciprocity.

Hearing Location(s): WDFW Region 5 Office, 2108 Grand Boulevard, Vancouver, WA 98661, (360) 696-6211, on Wednesday, June 27, 2007, at 7 p.m.

Date of Intended Adoption: On or after June 28, 2007.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail preuslmp@dfw.wa.gov, fax (360) 902-2155, by June 20, 2007.

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

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: At present, Oregon and Washington have established reciprocity for salmon charter vessel licenses on the Columbia River downstream of the Longview Bridge. This new WAC will allow Washington and Oregon to establish reciprocity for Oregon outfitters and guides and Washington professional salmon and game fish guides on the Columbia River upstream of the bridge at Longview and downstream of the Oregon boundary in Lake Wallula, 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.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

Statute Being Implemented: RCW 77.12.047 and 77.04.020.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The Oregon state marine board also regulates the subject of license-reciprocity between Oregon and Washington. We provided a briefing on the subject and took public comment, including testimony from a representative of the Oregon state marine board, on January 4, 2007. We are proposing this new WAC in response to that testimony and public comment.

Name of Proponent: Washington department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Bill Tweit, 1111 Washington Street, Olympia, (360) 902-2723; Implementation: Phil Anderson, 1111 Washington Street, Olympia, (360) 902-2720; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule will not impose more than minor costs on guide and outfitter businesses.

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

May 23, 2007

Lori Preuss

Rules Coordinator

OTS-9775.1


AMENDATORY SECTION(Amending WSR 07-03-142, filed 1/23/07, effective 2/23/07)

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.

(3) An Oregon outfitter and guide registration issued under ORS 704.020 is equivalent to a Washington professional salmon guide license issued under RCW 77.65.370 or to a Washington professional game fish guide license issued under RCW 77.65.480(3), in the concurrent waters of the Columbia River upstream of the bridge at Longview and downstream of the Oregon boundary in Lake Wallula, 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.

[Statutory Authority: RCW 77.65.010, 77.04.020, 77.04.130. 07-03-142, 220-20-005, filed 1/23/07, effective 2/23/07.]

Washington State Code Reviser's Office