WSR 04-17-029

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed August 9, 2004, 4:24 p.m. ]

     Subject of Possible Rule Making: Rules regarding diseases and pests of shellfish.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.12.047 and 77.115.010.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Recent geographical expansions of the presence of shellfish diseases and pests require changes to existing rules to encompass control efforts to the additional areas. This action will aid in the control of the infestations and reduce the spread of the infestation while protecting wild and private stock shellfish. Importers of shellfish from these areas find reassurance that the products they import are reasonably safe from infestation due to programmatic state protections that are in place.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington Department of Agriculture has a joint authority with the Department of Fish and Wildlife to develop disease controls and plans as described in RCW 77.115.010. The Department of Agriculture also has a seat on the shellfish import advisory committee where they are able to participate in issue discussions and make recommendations on proposed rules, as well as work one-on-one with department staff in developing such rule proposals.

     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 October 6, 2004. Expected filing date is on or after October 7, 2004.

August 9, 2004

Evan Jacoby

Rules Coordinator

Legislature Code Reviser 

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