WSR 10-22-003

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 20, 2010, 2:47 p.m. ]

Subject of Possible Rule Making: WAC 220-16-040 Drift gill net -- Drift net, 220-16-046 Skiff gill net -- Skiff net, 220-16-110 Snag net, 220-16-120 Trammel net, and other sections of chapter 220-16 WAC as needed. Also, new sections in chapter 220-16 WAC or other WAC chapters, to define slacker or stringer, unslackened net, non-Indian gill net, chafing strip panel, and other terms as necessary.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.12.047 and 77.12.325.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: New definitions are needed for terms such as "non-Indian gill net," "chafing strip panel," "slackers and stringers," and "unslackened net," to provide clarity to regulations and allow commercial fishers the use of a panel to protect their nets. Changes to definitions are needed for "drift net," "trammel net," "skiff net," "snag net," and other terms to clarify intent and provide consistency with the new definition of "non-Indian gill net." These rules will conform more closely to Oregon's rules and will facilitate enforcement.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington department of fish and wildlife (WDFW) and the Oregon department of fish and wildlife have developed reciprocal rules for fishers on the concurrent waters of the Columbia River. This rule proposal will conform Washington's rules more closely to Oregon's for fisheries on the Columbia River.

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 15, 2010. Expected proposal filing on or after December 22, 2010.

October 20, 2010

Lori Preuss

Rules Coordinator

Washington State Code Reviser's Office