WSR 10-22-004

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FISH AND WILDLIFE

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

Subject of Possible Rule Making: WAC 220-20-010 General provisions -- Lawful and unlawful acts -- Salmon, other fish and shellfish.

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: This proposal will require the use of lighted buoys at the end of gill nets when fishing at night so that the end of the net is easier to see. This rule was requested by enforcement and has been used in the Columbia River under emergency regulations. The Oregon department of fish and wildlife (ODFW) is expected to use the same language for their rules.

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 ODFW have developed reciprocal rules for fishers on the concurrent waters of the Columbia River. This rule proposal will conform to Oregon's for the fisheries in 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