Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-20-110.

     Title of Rule and Other Identifying Information: Oregon sport fishing license reciprocity.

     Hearing Location(s): Natural Resources Building, 1111 Washington Street, Olympia, WA, on January 13-14, 2006, begins 8:00 a.m., January 13, 2006.

     Date of Intended Adoption: January 13, 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 January 6, 2006.

     Assistance for Persons with Disabilities: Contact Susan Yeager by January 10, 2006, TTY (360) 902-2207 or (360) 902-2267.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Oregon legislature recently enacted sport fishing license reciprocity with Washington applicable to shellfish licenses. This rule will establish shellfish license reciprocity, and continues current fin fish license reciprocity.

     Reasons Supporting Proposal: Oregon legislative action.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.32.410.

     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: Ron McQueen, 1111 Washington Street, Olympia, (360) 902-2204; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

     2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None.

     3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: No compliance costs.

     4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? This rule may affect license sales. Currently, shellfish fishers who fish in the Columbia River are required to have the license for the state waters being fished. The reciprocity will allow Oregon fishers to fish in Washington waters without purchasing a Washington license. While this may marginally affect Washington license sales, it will have a much more significant affect on Oregon license sales, as less than 5% of the crab fishing waters at the mouth of the Columbia are within Washington state.

     5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:

     a. Cost per employee;

     b. Cost per hour of labor; or

     c. Cost per one hundred dollars of sales.

     No cost of compliance.

     6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: There are no costs.

     7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: Public participation in the Fish and Wildlife Commission rule adoption process.

     8. A List of Industries That Will Be Required to Comply with the Rule: There are no industries that are required to comply with the rule.

     A copy of the statement may be obtained by contacting Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail jacobesj@dfw.wa.gov.

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

December 7, 2005

Evan Jacoby

Rules Coordinator

OTS-8521.2

NEW SECTION
WAC 220-55-210   Oregon license reciprocity.   (1) A person may, from a vessel or other floating device, fish for game fish, food fish, unclassified fish, and shellfish, unless otherwise prohibited, from Pacific Ocean waters within three miles of the Washington coast from Leadbetter Point to the Washington-Oregon boundary, and from the concurrent waters of the Columbia River where the river forms the boundary between Oregon and Washington if the person possesses a valid Oregon resident angling license or a valid Oregon resident shellfish license, but only if Oregon recognizes as valid a comparable Washington personal use license in Pacific Ocean waters within three miles of the Oregon coast from the Oregon-Washington boundary to Cape Falcon and the concurrent waters of the Columbia River.

     (2) This reciprocity applies only to fishing from a vessel or other floating device. Fishing from the Washington shore requires a Washington personal use license.

     (3) This reciprocity applies only to Oregon residents, and residents of other states must possess either a valid Washington license or a valid Oregon license to take game fish, food fish, unclassified fish, and shellfish from the waters of the respective states.

     (4) Any game fish, food fish, unclassified fish, or shellfish landed into Washington must conform with current rules in effect for the point of landing including, but not limited to, daily limits, possession limits, size restrictions, and sex restrictions.

[]