Subject of Possible Rule Making: Initiate rules to issue experimental fishery permits for commercial fishery harvest of pilchards in an emerging commercial fishery for which there is a need to limit the number of permits.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.70.160.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The number of active participants in this fishery has been growing in the last two years. The rules are needed to provide an orderly commercial fishery and prevent overcapitalization of the commercial fishing industry.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The National Marine Fisheries Service has promulgated similar rules on this subject in waters to the south of Washington. There are no immediate plans for the National Marine Fisheries Service to institute a similar program in marine waters off of Washington. Coordination with National Marine Fisheries Service will occur through the agency's participation in the Pacific Fishery Management Council.

     Process for Developing New Rule: Advisory board recommendations and agency study.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lew Atkins, Fish Program, Assistant Director, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2651. Contact by December 31, 2001, expected proposal filing January 2, 2002.

November 6, 2001

Evan Jacoby

Rules Coordinator

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