Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-05-041.

     Title of Rule and Other Identifying Information: WAC 220-88E-040 Hagfish pot trial fishery -- Logbook required.

     Hearing Location(s): Natural Resources Building, First Floor, Room 172, 1111 Washington Street S.E., Olympia, WA 98504, on June 5-6, 2009, at 8:45 a.m.

     Date of Intended Adoption: June 19, 2009, via conference call.

     Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Lori.Preuss@dfw.wa.gov, fax (360) 902-2155, by May 22, 2009.

     Assistance for Persons with Disabilities: Contact Susan Yeager by May 22, 2009, TTY (360) 902-2207 or (360) 902-2267.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The quarterly submission of hagfish harvest logbooks has been required of all participants in the emerging commercial hagfish fishery since the fishery's inception in 2005. In 2007, the submission requirement was increased from quarterly to monthly, but this rule was not amended to reflect the change. This proposal amends the rule. The reason for the increased logbook submissions is that the department is going to monitor the fishery more closely.

     Reasons Supporting Proposal: WAC 220-88B-040 is not consistent with the hagfish logbook submission requirement listed on the permits for the hagfish pot trial fishery. Amending WAC 220-88B-040 eliminates the inconsistency.

     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: The Washington department of fish and wildlife, governmental.

     Name of Agency Personnel Responsible for Drafting: Lorna Wargo, 1111 Washington Street S.E., Olympia, WA 98504, (360) 753-2600; Implementation: Jim Scott, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2651; and Enforcement: Chief Bruce Bjork, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2373.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department already provides fishery participants with the harvest logbooks they need to record all of their hagfish fishery activities. Participants have been required to submit logbook information monthly since 2007. This proposal does not impose any additional requirements.

     A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not involve hydraulics.

April 17, 2009

Lori Preuss

Rules Coordinator

OTS-2290.1

AMENDATORY SECTION(Amending Order 05-245, filed 10/14/05, effective 11/14/05)

WAC 220-88E-040   Hagfish pot trial fishery -- Logbook required.   It is unlawful for a participant in the hagfish pot trial fishery to fail to ((complete the department-supplied logbook with all indicated entries. Logbook information is required to be submitted quarterly, and it is unlawful to fail to remit the information by April 15, July 15, October 15 or January 15 for the previous quarter, whether or not fishing activity occurred during that quarter)) maintain and submit a legible, accurate, and complete harvest log for all hagfish fishing activity. Logs will be submitted such that the department receives them no later than the tenth day following the end of each calendar month. Participants in the hagfish pot trial fishery must use a Hagfish Harvest Logbook provided by the department to record all of their hagfish fishing activity. Failure to submit logbook information may result in revocation of ((the)) a participant's hagfish pot trial fishery permit.

[Statutory Authority: RCW 77.12.047. 05-21-067 (Order 05-245), § 220-88E-040, filed 10/14/05, effective 11/14/05.]

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