WSR 05-01-157

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed December 20, 2004, 11:26 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-20-002.

Title of Rule and Other Identifying Information: WAC 220-69-26401 Distribution of copies of shellfish receiving tickets.

Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA, on February 4-5, 2005, meeting begins at 8:00 a.m. on February 4, 2004 [2005].

Date of Intended Adoption: February 4, 2005.

Submit Written Comments to: Evan Jacoby, Washington Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by January 28, 2005.

Assistance for Persons with Disabilities: Contact Susan Yeager by January 21, 2005, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rule change will provide for the distribution of a copy of the shellfish receiving ticket for geoduck to be provided to the Washington Department of Natural Resources. This will provide the Department of Natural Resources the capability of timely and accurate accounting for geoducks harvested from state administered geoduck tracts. Current rules do not authorize this distribution.

Reasons Supporting Proposal: Allows for a more accurate and timely tracking of geoduck harvest from state administered geoduck tracts.

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: Evan Jacoby, 1111 Washington Street S.E., Olympia, WA, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street S.E., Olympia, WA, (360) 902-2651; and Enforcement: Bruce Bjork, 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: The change will require wholesale shellfish buyers of geoducks to provide a copy of the shellfish receiving ticket to Department of Natural Resources.

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: Costs for compliance are de minimus as this formalizes a current informal practice.

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.

There are no costs 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: The agency has not taken any steps to reduce costs to small businesses as there are no significant costs anticipated.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The agency will not involve small business as there is no impact in creating a formal practice where an informal practice currently exists.

8. A List of Industries That Will Be Required to Comply with the Rule: Wholesale shellfish buyers of geoduck from state administered geoduck tracts.

A copy of the statement may be obtained by contacting Evan Jacoby, Washington Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155.

A cost-benefit analysis is not required under RCW 34.05.328. These are not hydraulic rules.

December 20, 2004

Evan Jacoby

Rules Coordinator

OTS-7707.1


AMENDATORY SECTION(Amending Order 04-210, filed 8/17/04, effective 9/17/04)

WAC 220-69-26401   Distribution of copies of shellfish receiving ticket.   State of Washington shellfish receiving tickets shall be made out in quintuplicate (five copies) at the time of delivery. Upon completion of the shellfish receiving ticket, it is unlawful for the person completing the fish receiving ticket to fail to distribute the copies as follows:

(1) The dealer copies (white and yellow) shall be retained by receiver ((of)) for their use.

(2)(a) For shellfish other than geoduck clams from department of natural resources geoduck tracts, the state copies (green and pink) shall be mailed to the department. It is required that the state copies be received by the department no later than the sixth working day after the day the ticket was completed by the original receiver.

(b) For geoduck clams from department of natural resources geoduck tracts, the green state copy shall be mailed to the department no later than the sixth working day after the ticket was completed by the original receiver. The pink state copy shall be mailed to the department of natural resources no later than the sixth working day after the ticket was completed by the original receiver, or delivered earlier to the department of natural resources as directed by that department.

(3) The fisherman copy (gold) shall be retained by the deliverer for their use.

(4) Violation of this section is a gross misdemeanor, punishable under RCW 77.15.640.

[Statutory Authority: RCW 77.12.047. 04-17-096 (Order 04-210), 220-69-26401, filed 8/17/04, effective 9/17/04. Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), 220-69-26401, filed 12/20/99, effective 1/20/00; 91-05-015 (Order 91-07), 220-69-26401, filed 2/8/91, effective 3/11/91. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), 220-69-26401, filed 9/12/86. Statutory Authority: RCW 75.08.080. 83-24-049 (Order 83-203), 220-69-26401, filed 12/2/83; 80-05-093 (Order 80-27), 220-69-26401, filed 5/2/80.]

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