Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-22-027.

     Title of Rule and Other Identifying Information: Sale of commercially caught sturgeon and bottomfish. Retention of commercial catch for personal use.

     Hearing Location(s): Natural Resources Building, 111 [1111] Washington Street, Olympia, WA, on February 10-11, 2006, begins 8:00 a.m., February 10, 2006.

     Date of Intended Adoption: February 10, 2006.

     Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by February 3, 2006.

     Assistance for Persons with Disabilities: Contact Susan Yeager by January 27, 2006, TTY (360) 902-2207 or (360) 902-2267.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule clarifies the procedure and amounts of commercially caught sturgeon and bottomfish that may be retained for personal use.

     Reasons Supporting Proposal: Clarification, allows commercial fishers to retain catch for personal use.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

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

     Name of Proponent: Department of fish and wildlife, governmental.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule provides for personal use of commercial catch. Since the retention of such catch is the choice of the individual fisher, the rule has no regulatory effect on the fisher's business.

     A cost-benefit analysis is not required under RCW 34.05.328. These rule proposals do not affect hydraulics.

January 4, 2006

Evan Jacoby

Rules Coordinator

OTS-8568.1

AMENDATORY SECTION(Amending Order 97-51, filed 3/14/97, effective 4/14/97)

WAC 220-20-021   Sale of commercially caught sturgeon and bottomfish.   (1) It is unlawful for any person while engaged in commercial fishing for sturgeon or bottomfish to:

     (a) Keep ((in excess of one)) sturgeon smaller or greater than the size limits provided for in WAC 220-20-020, keep more than one sturgeon for personal use, or keep more than the equivalent of one limit of sport caught bottomfish for personal use. Any lingcod to be retained for personal use taken east of the mouth of the Sekiu River must be greater than 26 inches in length and may not exceed 40 inches in length. All commercially taken sturgeon and bottomfish retained for personal use must be recorded on fish receiving tickets.

     (b) Sell any sturgeon or bottomfish taken under such license to anyone other than a licensed wholesale dealer within or outside the state of Washington, except that a person who is licensed as a wholesale dealer under the provisions of RCW 75.28.300 may sell to individuals or corporations other than licensed wholesale dealers.

     (c) Sell, barter, or attempt to sell or barter sturgeon eggs that have been removed from the body cavity of any sturgeon taken under such license prior to the time that the sturgeon is sold under subsection (1)(b) of this section.

     (2) It is unlawful for any wholesale dealer licensed under RCW 75.28.300 to purchase or attempt to purchase sturgeon eggs from sturgeon taken by any person licensed to take sturgeon for commercial purposes under chapter 75.28 RCW if the sturgeon eggs have been removed from the body cavity of the sturgeon prior to the sale of the sturgeon.

     (3) It is unlawful to purchase, sell, barter or attempt to purchase, sell, or barter any sturgeon eggs taken from sturgeon caught in the Columbia River below Bonneville Dam.

[Statutory Authority: RCW 75.08.080. 97-07-043 (Order 97-51), § 220-20-021, filed 3/14/97, effective 4/14/97; 94-12-009 (Order 94-23), § 220-20-021, filed 5/19/94, effective 6/19/94; 85-08-023 (Order 85-24), § 220-20-021, filed 4/1/85; 82-17-040 (Order 82-105), § 220-20-021, filed 8/13/82.]