WSR 03-02-035

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed December 23, 2002, 4:06 p.m. ]

Subject of Possible Rule Making: Rules relating to oyster diseases and shellfish pests.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.12.047 and 77.60.060.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The current rules for oyster diseases and pests need revision. A new oyster disease, Denman Island Disease, has been identified in Washington state. This newly found disease will require new restrictions on intrastate transfers of shellfish. Also, new oyster drill infestations have been identified and some existing infestations redefined. These rule changes will allow for greater control of shellfish diseases and pests and will facilitate the exportation of shellfish products out-of-state.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

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 Morris Barker, State Marine Resource Manager, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2826. Contact by March 3, 2003, expected proposal filing is March 5, 2003.

December 23, 2002

Evan Jacoby

Rules Coordinator

Washington State Code Reviser's Office