WSR 09-23-007

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed November 5, 2009, 8:39 a.m. ]

Subject of Possible Rule Making: Chapter 220-48 WAC, Puget Sound -- Fish other than salmon, and chapter 220-49 WAC, Puget Sound commercial forage fish.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012 and 77.12.047.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department has identified a need to review rules regulating the time, place, and manner in which commercial fisheries for forage fish (herring, smelt, and anchovy) and groundfish (rockfish, sole, cod, shark, and similar species) operate in Puget Sound. These rules have not been reviewed for more than ten years. The intent of these rule changes is to improve conservation of these fish resources, reduce the capture of certain species, and promote orderly fisheries.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Pacific Fishery Management Council (PFMC) manages rebuilding plans for overfished groundfish stocks and other species. These rule proposals will reflect PFMC's harvest guidelines to ensure that rebuilding goals are achieved.

Process for Developing New Rule: Agency study.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lori Preuss, WDFW Enforcement, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail Lori.Preuss@dfw.wa.gov. Contact by December 31, 2009. Expect proposal filing on or after January 6, 2010.

November 5, 2009

Lori Preuss

Rules Coordinator

Washington State Code Reviser's Office