WSR 97-01-086

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Filed December 18, 1996, 9:52 a.m.]



Continuance of WSR 96-20-122.

Preproposal statement of inquiry was filed as WSR 96-15-005.

Title of Rule: Fisheries regional enhancement group rules.

Purpose: Establish egg and carcass sale procedures and accounting.

Statutory Authority for Adoption: RCW 75.50.100.

Statute Being Implemented: RCW 75.50.100.

Summary: Provide accountability and procedure for carcass and egg sales.

Reasons Supporting Proposal: Accountability.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, WA, 902-2930; Implementation: Thomas Parker, 1111 Washington Street, Olympia, WA, 902-2238; and Enforcement: Ron Swatfigure, 1111 Washington Street, Olympia, 902-2927.

Name of Proponent: Washington State Department of Fish and Wildlife.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See WSR 96-20-122.

Proposal Changes the Following Existing Rules: See WSR 96-20-122.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No effect on small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Point Hudson Resort and Marina, Point Hudson Harbor, Port Townsend, Washington, on January 31, 1997, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Robin Ayers by January 16, 1997, TDD (360) 902-2295, or (360) 902-2933.

Submit Written Comments to: Evan Jacoby, Washington Department of Fish and Wildlife Rules Coordinator, 600 North Capitol Way, Olympia, 98501, FAX (360) 902-2942, by January 30, 1997.

Date of Intended Adoption: January 31, 1997.

November 16, 1996

Evan Jacoby

Rules Coordinator

AMENDATORY SECTION (Amending Order 90-06, filed 1/30/90, effective 3/2/90 WAC 220-140-010 Definitions. The following definitions apply to this chapter:

(1) "Regional fisheries enhancement group" or "group" means a nonprofit association established in compliance with Title 24 RCW, representing diverse interests, and which will work together within a predesignated area for the express purpose of enhancing salmon production and habitat in that area.

(2) (("Enhancement project" means a project undertaken or overseen by a group, whether publicly or privately funded, the goal of which project is an increase in the salmon resource of the state. Enhancement projects include both salmon production and salmon habitat improvement.

(3) "Regional enhancement task force" means persons, representing diverse interests, who have been designated by the department of fisheries to review the establishing of groups, to select among competing prospective groups, and to review start up enhancement project applications. Should the legislature authorize a regional fisheries enhancement group advisory board, the board shall take over the responsibilities of the task force.)) "Regional fisheries enhancement group's project surplus viable salmon eggs" means those viable salmon eggs that are surplus to both the needs of the department and other public entities within the state and to the group itself. The priority for use of viable salmon eggs is as established in chapter 220-74 WAC.

[Statutory Authority: 1989 c 426 and RCW 75.08.080. 90-04-026 (Order 90-06), 220-140-010, filed 1/30/90, effective 3/2/90.]

NEW SECTION

WAC 220-140-040 Project funds from the sale of surplus salmon carcasses and eggs. (1) Regional fisheries enhancement groups whose projects produce surplus salmon carcasses and eggs may request that the department sell such surplus, providing the following conditions are met:

(a) Salmon must be returning to a department approved group facility (hatchery, trap or weir);

(b) An approved and current salmon rearing project must be on file with the department;

(c) The department must declare that a surplus exists beyond the needs of the department, tribes, other public entities, and group project requirements; and

(d) Use of funds generated by such sale will be approved by the regional fisheries enhancement group advisory board and the department, using the same procedure as established for handling moneys allocated from the regional fisheries enhancement group account.

(2) The department may sell the surplus salmon carcasses, nonviable eggs and viable eggs of a group project. Surplus viable salmon eggs shall be sold by the department as prescribed in chapter 220-74 WAC, Surplus salmon eggs. A group may not sell any salmon products resulting from its activities.

(3) All money received by the department from the sale of group surplus salmon carcasses, nonviable eggs and viable eggs shall be placed into the regional fisheries enhancement group account and used solely to fund the expenses of approved activities for the group that developed the project.

(4) All money received by the department from the sale of surplus salmon carcasses, nonviable eggs and viable eggs returning to state funded hatcheries shall be placed into the general regional fisheries enhancement group account. Eighty percent of this money will be distributed equally to each of the twelve groups and twenty percent will be used by the department to administer the program.

(5) All fish produced from an approved group project are intended for release into state waters. Live fish will not be transported from a group project without prior written approval of the department.

(6) Surplus carcasses from salmon returning to a group project may be seeded into and along streams if a plan to do so has been preapproved and coordinated by the department.

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