WSR 07-04-071

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed February 2, 2007, 11:32 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-01-050.

Title of Rule and Other Identifying Information: WAC 220-52-001 Shellfish -- Geographical definitions.

Hearing Location(s): Fish and Wildlife Commission Office, 5th Floor, Natural Resources Building, 1111 Washington Street S.E., Olympia, WA, on March 16, 2007, at 8:30 a.m.

Date of Intended Adoption: April 20, 2007.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail preuslmp@dfw.wa.gov, fax (360) 902-2944, by March 14, 2007.

Assistance for Persons with Disabilities: Contact Susan Yeager by March 2, 2007, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Provide housekeeping change to bring rule definition into alignment with previously defined marine fish-shellfish management and catch reporting areas. The effect will be to define the Pacific Ocean shellfish catch areas off the Washington coast using actual existing catch areas.

Reasons Supporting Proposal: This change will reduce potential confusion over what statistical catch areas are in the definition for Pacific Ocean waters off the Washington coast for commercial shellfish landings.

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: Department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Morris W. Barker, 1111 Washington Street, Olympia, (360) 902-2826; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; 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. No impacts to small business will occur as a result of this rule change.

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

February 2, 2007

Loreva M. Preuss

Rules Coordinator

OTS-9460.1


AMENDATORY SECTION(Amending Order 84-24, filed 3/27/84)

WAC 220-52-001   Shellfish -- Geographical definitions.   (1) "Puget Sound" means Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 23A, 23B, 23C, 23D, 24A, 24B, 24C, 25A, 25B, 25C, 25D, 25E, 26A, 26B, 26C, 26D, 27A, 27B, 27C, 28A, 28B, 28C, 28D, and 29.

(2) "Grays Harbor" means Marine Fish-Shellfish Management and Catch Reporting Area 60B.

(3) "Willapa Harbor" means Marine Fish-Shellfish Management and Catch Reporting Area 60C.

(4) "Columbia River" means Marine Fish-Shellfish Management and Catch Reporting Area 60D.

(5) "Coastal Waters" means Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A-1, 59A-2, 59B, ((and)) 60A-1, and 60A-2.

[Statutory Authority: RCW 75.08.080. 84-08-014 (Order 84-24), 220-52-001, filed 3/27/84.]

Washington State Code Reviser's Office