WSR 17-09-085

PREPROPOSAL STATEMENT OF INQUIRY

[Filed April 19, 2017, 10:23 a.m.]

Subject of Possible Rule Making: Amendments to the coastal commercial salmon fishing rules are needed to implement Guiding Principle #4 from the Washington department of fish and wildlife (WDFW) Commission Policy C-3622, which states "investigate and promote the development and implementation of alternative selective gear" in order to achieve conservation objectives in Willapa Bay.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.12.047, 77.50.030, and 77.65.400.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WDFW is interested in designating a trial commercial fishery in Willapa Bay for the purpose of testing a new gear type and intends to issue a limited number of trial fishery permits that set the permissible time, place, and manner of fishing using a newly designated gear type.

The gear type being considered is a floating fish trap. This fish trap uses nonpermanent spuds to hold the trap in place; no permanent structures will be installed or used. This fish trap passively funnels adult salmon from the "lead," a net positioned at an angle from the shore, into a series of compartments leading to the final compartment or spiller. Fish are able to swim freely the entire time. Hatchery fish are then removed from the spiller and the natural-origin fish are released untouched through a door at the back of the fish trap to continue their trip upstream to spawn.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: WDFW will be providing input on this process and subsequent recommendations for the specifics on permissible time, place, and manner of fishing using the designated gear type.

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 Barbara McClellan, WDFW Fish Program, 48 Devonshire Road, Montesano, WA 98563, phone (360) 249-1213, fax (360) 249-1229, email Barbara.Mcclellan@dfw.wa.gov. Contact by May 31, 2017. Expected proposal filing on or after June 2, 2017.

April 19, 2017

Scott Bird

Rules Coordinator