WSR 10-22-020

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 22, 2010, 11:22 a.m. ]

Subject of Possible Rule Making: Scales used in commercial fishing.

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

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Commercial scales used by commercial fish and shellfish sellers must be of a certain type and registered with the department of licensing. Scales used by commercial fish and shellfish buyers do not have to meet these requirements. This makes it difficult to enforce weight restrictions on commercial landings of fish and shellfish.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington departments of licensing and agriculture, and cities with a city sealer and a weights and measures program, are responsible for issuing master licenses and registering weights and scales. Washington department of fish and wildlife (WDFW) will require scales used by wholesale fish dealers and commercial fish buyers, receivers, and direct retail endorsement holders to be registered with the department of licensing or a city under RCW 19.94.015.

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 Program, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, e-mail Lori.preuss@dfw.wa.gov. Contact by December 15, 2010. Expected proposal filing on or after December 22, 2010.

October 22, 2010

Lori Preuss

Rules Coordinator

Washington State Code Reviser's Office