WSR 03-21-130

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 21, 2003, 11:11 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-18-032.

     Title of Rule: Volunteer cooperative rules.

     Purpose: Amend volunteer cooperative application and disbursement of funds rules.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: Changes application dates and requirement for yearly disbursement of excess funds.

     Reasons Supporting Proposal: Cost savings and flexibility of funding.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2373; 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: Volunteer cooperatives currently can make application four times per year. This requires department personnel to handle multiple applications, when the available funding level is known after the first application period. By reducing the application to one per year, it consolidates the application process without jeopardizing project funding. The change in yearly disbursement of money in excess of the reimbursable expense amount leaves this funding available for the second year of a fiscal biennium.

     Proposal Changes the Following Existing Rules: Volunteer cooperative application period and excess funds disbursement.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small businesses.

     RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

     Hearing Location: Fort Worden State Park Conference Center, Port Townsend, Washington, on December 5-6, 2003, begins 8:00 a.m. on December 5, 2003.

     Assistance for Persons with Disabilities: Contact Susan Yeager by November 24, 2003, TDD (360) 902-2207 or (360) 902-2267.

     Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by November 28, 2003.

     Date of Intended Adoption: December 5, 2003.

October 21, 2003

Evan Jacoby

Rules Coordinator

OTS-6744.1


AMENDATORY SECTION(Amending Order 99-235, filed 12/30/99, effective 1/30/00)

WAC 220-130-040   Review and selection process.   (1) The application method is on application forms provided by the department specifically for this purpose. Application forms will be available by request from the Olympia headquarters and at all regional offices of the department.

     (2) Applications for projects ((may be submitted at any time, however, applications must be submitted at least sixty days prior to the funding decision deadlines to allow review and evaluation by the department)) will be accepted each year during the open application period of January 2 through March 31.

     (a) Applications accepted prior to the start of a biennium may be for project funding for one or both years of the ensuing biennium.

     (b) Applications accepted during the first year of a biennium will be for project funding in the second year of a biennium.

     (3) The funding decision ((deadlines will be June 30, September 30 and December 31 in odd-numbered years, March 31 and June 30 in even-numbered years)) deadline is May 31 of the year of application.

     (4) Exceptions to the funding deadline dates will only be allowed in the event of applications for volunteer projects which are responsive to an emergency situation which may arise and which has been declared to be an emergency by the director.

     (5) The department will send each applicant, within forty-five days of receipt of each application, a written acknowledgment of the receipt of the application and give the applicant an estimated date when notification of acceptance or rejection of the proposal can be expected. The written acknowledgment will also provide the department's selection criteria and a general description of the review and selection process. Final decisions and notification of acceptance or rejection of proposals where funding is requested will be made only after the biennial budget is passed by the legislature and signed by the governor.

     (6) The department will determine when a proposed project might affect the management programs of federal, other state, and local agencies and of treaty tribes and will make contact with these entities, when the department determines that it is appropriate to do so, during the review and selection process. If the department determines that ongoing coordination between a volunteer group and another agency or tribe would be appropriate, it may be required as a condition of the agreement, when issued.

     (7) The department may provide suggested modifications to the proposal which would increase its likelihood of approval together with the name and telephone number of the person within the department responsible for monitoring the review of the proposal.

[Statutory Authority: RCW 75.08.080. 00-02-048 (Order 99-235), § 220-130-040, filed 12/30/99, effective 1/30/00. Statutory Authority: RCW 75.08.080 and 75.52.050. 99-11-004 (Order 99-44), § 220-130-040, filed 5/6/99, effective 6/6/99. Statutory Authority: RCW 75.08.080. 85-04-045 (Order 85-07), § 220-130-040, filed 2/1/85.]


AMENDATORY SECTION(Amending Order 99-44, filed 5/6/99, effective 6/6/99)

WAC 220-130-080   Project recovery of reimbursable expenses.   Cooperative projects which rear salmon have the potential for generating income from the sale of surplus salmon carcasses and eggs derived from fishes produced at those projects, and to which salmon return to spawn at the end of their life cycle. If the department determines that it is appropriate to do so, such cooperative projects may, under the guidance of the department and by administrative rules and guidelines established for this purpose, recover some of the cooperative projects operating costs through the sale of nonviable salmon eggs and carcasses. It is understood that the primary objective of this provision is not to establish projects which constitute fish farms, but to allow those projects which may generate surplus fish which elude sport, commercial or tribal fisheries to sell the resulting surplus to help defray the cost of the particular cooperative project.

     (1) In order for a project to recover reimbursable expenses, the project must have an annual budget presubmitted and approved by the department. The budget must generally show expected expenses, including the names of all persons expected to draw salaries as hired labor.

     (2) Under administrative rules developed for this purpose, the cooperative project may sell nonviable salmon eggs and carcasses by soliciting competitive bids from approved buyers, as determined by the department.

     (3) Volunteer cooperative project surplus salmon eggs shall be sold as prescribed by chapter 220-74 WAC, Surplus salmon eggs.

     (4) All moneys generated by such sales shall be paid to the department and placed into a special account used solely to fund the reimbursable expenses of the cooperative project which generated the funds.

     (5) In order to utilize the funds generated by such sales, a cooperative project must submit a list of expenses accompanied by original invoices, including signed time sheets for hired labor salary expenses, which clearly shows that the expenses relate to the presubmitted budget for the project which comply with all accounting and contract requirements.

     (6) Reimbursable expenses shall be limited to the actual annual operating expenses of the project. No profit may be realized by the project, and no moneys shall apply to amortization or depreciation.

     (7) ((Moneys accruing in excess of the reimbursable expense amount, as determined by the director, shall annually be remitted to the state general fund.

     (8))) Viable surplus salmon eggs may not be sold, bartered, exchanged or disposed of by any volunteer group.

     (((9))) (8) Surplus salmon carcass sales may not be allowed if the department determines that they would be more appropriately utilized to reseed streams in an effort to restore or enhance habitat through nutrient enrichment.

[Statutory Authority: RCW 75.08.080 and 75.52.050. 99-11-004 (Order 99-44), § 220-130-080, filed 5/6/99, effective 6/6/99.]

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