WSR 05-01-156

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed December 20, 2004, 11:24 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-20-081.

Title of Rule and Other Identifying Information: Clams -- Coastal -- Seasons and areas, modify commercial razor clam rules.

Hearing Location(s): Natural Resources Building, 1111 Washington Street S.E., Olympia, WA, on February 4-5, 2005, meeting begins at 8:00 a.m. on February 4.

Date of Intended Adoption: February 4, 2005.

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 February 2, 2005.

Assistance for Persons with Disabilities: Contact Susan Yeager by January 18, 2005, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposal purpose is to require a commercial license from all participants who are digging, possessing and taking razor clams for commercial purposes. The anticipated effect is to curtail activities of unlicensed participants who are helping the licensed persons. This proposal will modify existing rule WAC 220-52-030.

Reasons Supporting Proposal: Provides enforceability on those who are not legally helping in the commercial harvest of razor clams. Also prevents harvested razor clams from entering commerce through proscribed channels.

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: None required.

2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None required.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: No costs anticipated.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No.

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.

No costs anticipated for compliance.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: No steps taken as no costs are anticipated.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The agency will hold a meeting under the auspices of the Fish and Wildlife Commission public meeting process where testimony can be provided on proposed rules.

8. A List of Industries That Will Be Required to Comply with the Rule: Commercial razor clam diggers.

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. This is not a hydraulic rule proposal.

December 20, 2004

Evan Jacoby

Rules Coordinator

OTS-7706.1


AMENDATORY SECTION(Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-52-030   Clams -- Coastal -- Seasons and areas.   (1)(a) It shall be lawful to take, dig for or possess clams, cockles, borers and mussels taken for commercial purposes, not including razor clams, from the tidelands of registered aquaculture farms in Grays Harbor and Willapa Harbor the entire year.

(b) Licensing: No fishery license is required to retain clams taken from registered aquaculture farms but registration is required prior to commercial harvest.

(2)(a) It shall be unlawful to take, dig for or possess razor clams taken for commercial purposes from Washington waters except during commercial razor clam seasons opened by emergency rule.

(b) Licensing: A razor clam fishery license is the license required to take, dig for or possess razor clams for commercial purposes.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-52-030, filed 5/19/94, effective 6/19/94; 91-10-024 (Order 91-22), 220-52-030, filed 4/23/91, effective 5/24/91; 84-08-014 (Order 84-24), 220-52-030, filed 3/27/84; Order 807, 220-52-030, filed 1/2/69, effective 2/1/69; Order 770 B, 220-52-030, filed 2/15/68; Order 718, 1, filed 1/26/67; subsection 1 from Order 679, filed 4/20/66; Orders 443 and 256, filed 3/1/60; subsection 2 from Order 673, filed 1/24/66; Order 631, filed 1/13/65; Order 599, filed 1/29/64; Order 566, filed 2/8/63; Order 540, filed 1/15/62; Order 524, filed 2/6/61; Order 510, filed 7/8/60; Order 508, filed 4/29/60; Order 506, filed 3/16/60; Orders 482 and 256, filed 3/1/60; subsection 3 from Order 673, filed 1/24/66; Order 599, filed 1/29/64; Orders 499 and 256, filed 3/1/60; subsection 4 from Order 599, filed 1/29/64; Order 567, filed 2/15/63; Order 524, filed 2/6/61; Order 506, filed 3/16/60; Orders 482 and 256, filed 3/1/60; subsection 5 from Order 673, filed 1/24/66.]

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