WSR 19-04-106

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Filed February 6, 2019, 11:46 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 16-16-114 on August 2, 2016.

Title of Rule and Other Identifying Information: Establishing logbook requirements for game fish guides, food fish guides, and combination game fish and food fish guides.

Hearing Location(s): On June 14-15, 2019, at 8:00 a.m., at the Red Lion Hotel, 221 North Lincoln Street, Port Angeles, WA 98362.

Date of Intended Adoption: August 2, 2019.

Submit Written Comments to: Scott Bird, Washington State Department of Fish and Wildlife (WDFW) Rules Coordinator, P.O. Box 43200, Olympia, WA 98501-3200, email Rules.Coordinator@dfw.wa.gov, fax 360-902-2155, by June 12, 2019.

Assistance for Persons with Disabilities: Contact Delores Noyes, phone 360-902-2349, TTY 360-902-2207, email Delores.Noyes@dfw.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Logbooks will give fishery managers a better understanding of the guiding industry's role in state fisheries, including when and where guides are fishing, angler effort and catch.

Reasons Supporting Proposal: The rule will allow for documenting real time effort, species encounters and retention rates. This information will provide new information regarding all of these data points reported by guilds [guides] giving biologist[s] more information.

Statutory Authority for Adoption: RCW 77.32.470, 77.04.012, 77.04.013, 77.04.055, and 77.12.047.

Statute Being Implemented: RCW 77.04.012, 77.04.055, 77.12.045, and 77.12.047.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: WDFW, governmental.

Name of Agency Personnel Responsible for Drafting: Kelly Henderson, 1111 Washington Street, Olympia, WA 98501, 360-902-2684; Implementation: Christopher Donley, 3215 North Discovery Place, Spokane Valley, WA 99216, 509-892-1001 ext. 307; and Enforcement: Chief Steve Bear, 1111 Washington Street, Olympia, WA 98501, 360-902-2373.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. The proposed rule does not affect hydraulics.

The proposed rule does impose more-than-minor costs on businesses.

1. Description of the reporting, recordkeeping, and other compliance requirements of the proposed rule: The proposed rules requires [require] commercial fishing guides to report fishing guide activities to the department. The department will provide fishing guides with the paper format and electronic method to report guiding activity. The department will also provide direction regarding how and when to report. 

2. Kinds of professional services that a small business is likely to need in order to comply with such requirements: None, the information the department is requesting is limited and readily available.

3. Costs of compliance for businesses, including costs of equipment, supplies, labor, and increased administrative costs: The proposed rules requires [require] commercial fishing guides to report fishing guide activities to the department. The proposed rule does not require any additional equipment or supplies. There is minimal additional cost to comply with the proposed rules. As noted above the department will provide the paper logbooks and electronic application for reporting.

4. Will compliance with the rule cause businesses to lose sales or revenue? No, the proposed rule does not affect the number of clients or numbers of fish available to catch. Therefore, the proposed rule should not cause any businesses to lose sales or revenue.

5. Cost of compliance for small businesses compared with the cost of compliance for the ten percent of businesses that are the largest businesses required to comply with the proposed rules using one or more of the following as a basis for comparing costs:

1. Cost per employee;

2. Cost per hour of labor; or

3. Cost per one hundred dollars of sales.

The department's understanding is that most if not all fishing guides are small businesses. The proposed rule may result in minimal costs associated with completing the reporting requirements. 

Each guide will be required to complete reporting for each trip. It will take approximately fifteen minutes to complete the reporting requirement at the end of each trip. The annual cost per guide to implement this rule is estimated to range from zero dollars for guides that purchase a license and do not fish to approximately a maximum of $2,600 per guide per year (2 trip/day * 5 days/week * 52 weeks/Year * .25 hours/trip * $20.00 dollars/hour = $2,600).

6. Steps taken by the agency to reduce the costs of the rule on small businesses, or reasonable justification for not doing so: Most businesses affected by these rules are small businesses. The department will provide multiple ways for commercial guides to report guiding information to minimize costs to the businesses.

7. A description of how the agency will involve small businesses in the development of the rule: The department will be conducting meetings around the state to provide commercial fishing guides with the proposed rule and receive input from affected businesses. These meetings allow small businesses to participate in formulating these rules.

8. A list of industries that will be required to comply with the rule: All persons with a game fish guide, food fish guide and fish guide combination licenses will be required to comply with these rules.

9. An estimate of the number of jobs that will be created or lost as a result of compliance with the proposed rule: These rules impose reporting requirements. Compliance with the rules will not result in the creation or loss of jobs.

A copy of the statement may be obtained by contacting Scott Bird, P.O. Box 43200, Olympia, WA 98501-3200, fax 360-902-2155, email Rules.Coordinator@dfw.wa.goc [Rules.Coordinator@dfw.wa.gov].

February 6, 2019

Scott Bird

Rules Coordinator