WSR 14-04-132

PREPROPOSAL STATEMENT OF INQUIRY

[Filed February 5, 2014, 11:32 a.m.]

Subject of Possible Rule Making: The department is considering rule amendments to provide guidelines for issuing geoduck dive licenses in response to statutory changes limiting the number of commercial geoduck dive licenses issued by the Washington department of fish and wildlife (WDFW) to seventy-seven each calendar year beginning January 1, 2015.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012, 77.04.055, and 77.12.047.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 77.65.410 was amended to limit the number of commercial geoduck dive licenses issued by WDFW to no more than seventy-seven per calendar year. The department must comply with Washington state law. The department is considering amending rules to provide an equitable process for the issuance of commercial geoduck dive licenses due to the changes to RCW 77.65.410.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department of natural resources (DNR) and WDFW, in partnership with industry stakeholders, establish safety certification for all geoduck divers. A person must have a safety certificate for diving and be on a current DNR geoduck harvest plan agreement to obtain a geoduck dive license from WDFW. WDFW will coordinate with DNR throughout the rule-making process where necessary.

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 Bill Joplin or Frank Hawley, WDFW Licensing Division, 600 Capitol Way North, Olympia, WA 98504-1091, Bill Joplin, phone (360) 902-2302, fax (360) 902-2464, e-mail bill.joplin@dfw.wa.gov; Frank Hawley, phone (360) 902-2453, fax (360) 902-2464, e-mail frank.hawley@dfw.wa.gov. Contact by March 24, 2014. Expected proposal filing on or after April 2, 2014.

February 5, 2014

Joanna M. Edie

Rules Coordinator