WSR 98-19-121
PROPOSED RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Filed September 23, 1998, 10:18 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-15-149
Title of Rule: Interim license and harvest limits.
Purpose: Provide for licensing during license transition period.
Statutory Authority for Adoption: Section 40, chapter 191, Laws of 1998, RCW 75.08.080.
Statute Being Implemented: Section 40, chapter 191, Laws of 1998.
Summary: Provide for transition licensing for the period January 1, 1999, through March 31, 1999. Allow harvest of sturgeon during this period consistent with catch limitations agreed upon with Oregon.
Reasons Supporting Proposal: The 1998 legislature changed licensing from an annual calendar year basis to an April 1 through March 31 year. These rules are needed to provide interim licensing during the transition.
Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Dave Brittell, 1111 Washington Street, Olympia, 902-2206; and Enforcement: Ron Swatfigure, 1111 Washington Street, Olympia, 902-2927.
Name of Proponent: Washington State Department of Fish and Wildlife, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: These rules allow for harvest of all fish and wildlife, under existing seasons and harvest limits, during the period January 1, 1999, through March 31, 1999, with a combination license at a reduced fee of $6, or harvest of shellfish only during this period for a reduced fee of $3. A 2-fish sturgeon limit is established for this period.
Proposal Changes the Following Existing Rules: Changes sturgeon harvest limit.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule affects recreational hunters and fishers, not small businesses.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.
Hearing Location: Room 172, Natural Resources Building, 1111 Washington Street, Olympia, on October 27, 1998, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact Robin Ayers by October 13, 1998, TDD (360) 902-2295, or (902) [(360)] 902-2933.
Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501, fax (360) 902-2940, by October 26, 1998.
Date of Intended Adoption: October 27, 1998.
September 23, 1998
Evan Jacoby
Rules Coordinator
OTS-2537.1
NEW SECTION
WAC 220-55-20000A Temporary three-month licenses. In order to provide a transition license for the personal use licenses expiring December 31, 1998, and the licenses authorized under chapter 191, Laws of 1998, which start April 1, 1999, the department will offer three-month licenses as follows:
(1) A three-month combination fishing and hunting license, allowing the taking of all fish, shellfish, small game, and big game under established seasons for the period January 1, 1999, through March 31, 1999, is available for six dollars plus a dealer's fee of one dollar. Valid federal and state waterfowl stamps are required to be possessed in order to take waterfowl.
(2) A three-month shellfish license, allowing the taking of shellfish under established seasons for the period January 1, 1999, through March 31, 1999, is available for three dollars plus a dealer's fee of one dollar.
(3) The licenses issued under this section expire on March 31, 1999.
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OTS-2538.1
AMENDATORY SECTION (Amending WSR 98-06-031, filed 2/26/98, effective 5/1/98)
WAC 220-56-240 Daily
limits sturgeon, smelt, herring and other food fish not otherwise provided for.
It is unlawful for any person to retain ((in any day)) more than the
following quantities and sizes of food fish taken for personal use. Unless otherwise
provided, other food fish fishing is open the entire year:
(1) Sturgeon:
(a) Unlawful to fish from a floating device May 1 through June 30 downstream from the boating deadline below Bonneville Dam to markers on the Oregon and Washington shores of the Columbia River at Beacon Rock.
(b) 1 fish daily limit with the following size restrictions
in all ((other)) state waters:
(i) Minimum size is 42 inches in length except minimum size 48 inches in length in waters of the Columbia River and tributaries upstream from Dalles Dam; and
(ii) Maximum size is 60 inches in length.
(c) The possession limit is two daily limits of fresh, frozen or processed sturgeon.
(d) There is a limit of two sturgeon per person for the period January 1 through March 31, 1999. There is an annual personal use limit of 10 sturgeon from April 1st through the following March 31st.
(2) Forage fish: 10 pounds in the aggregate. The possession limit is two daily limits in fresh form. Additional forage fish may be possessed in frozen or processed form.
(3) All other food fish not otherwise provided for in this chapter: No limit.
[Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, § 220-56-240, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-08-017 (Order 97-53), § 220-56-240, filed 3/25/97, effective 5/1/97; 96-05-004 (Order 96-13), § 220-56-240, filed 2/9/96, effective 5/1/96; 95-04-066 (Order 95-10), § 220-56-240, filed 1/30/95, effective 5/1/95; 94-14-069, § 220-56-240, filed 7/1/94, effective 8/1/94; 93-22-004 (Order 93-125), § 220-56-240, filed 10/20/93, effective 1/1/94; 93-08-034 (Order 93-20), § 220-56-240, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), § 220-56-240, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), § 220-56-240, filed 4/2/91, effective 5/3/91; 90-06-026, § 220-56-240, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-240, filed 3/16/89; 88-10-012 (Order 88-14), § 220-56-240, filed 4/26/88; 86-09-020 (Order 86-08), § 220-56-240, filed 4/9/86; 85-09-017 (Order 85-20), § 220-56-240, filed 4/9/85; 84-09-026 (Order 84-22), § 220-56-240, filed 4/11/84; 80-03-064 (Order 80-12), § 220-56-240, filed 2/27/80, effective 4/1/80.]