Subject of Possible Rule Making: Changes the date that the agency will accept offers to sell commercial sea urchin licenses, and changes the date of availability of funds under the sea urchin license reduction program (WAC 220-95-100). Changes the date that the agency will accept offers to sell commercial sea cucumber licenses, and changes the date of availability of funds under the sea cucumber license reduction program (WAC 220-95-110). Changes the maximum purchase price for commercial sea urchin and commercial sea cucumber licenses.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.020, 77.12.047, 77.70.150, and 77.70.190.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The commercial sea urchin and sea cucumber license reduction programs are scheduled to discontinue on December 31, 2013. In order to promote program participation (i.e., the sale of licenses back to the state), optimize incoming funds to the buyback accounts, and align the department buyback period with the programs' terminus, the department will amend the start date to December 1 for accepting license-sales offers. The department will purchase licenses based on the funds available on the following January 31. Statutory goals have not been met for reducing to twenty the total number of licenses in each of these fisheries. Current maximum bid prices have not generated sufficient offers to sell these licenses and may need to be revised upwards.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

     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 Rich Childers, WDFW Fish Program, 600 Capitol Way North, Olympia, WA 98501, phone (360) 301-2626, e-mail rich.childers@dfw.wa.gov. Contact by April 5, 2013. Expected proposal filing on or after April 17, 2013.

February 13, 2013

Lori Preuss

Rules Coordinator