PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 08-06-069.
Title of Rule and Other Identifying Information: WAC 220-20-005 Oregon-Washington commercial license reciprocity.
Hearing Location(s): WDFW Region 5 Office, 2108 Grand Boulevard, Vancouver, WA 98661, (360) 696-6211, on Tuesday, May 27, 2008, at 10 a.m.
Date of Intended Adoption: On or after May 27, 2008.
Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail preuslmp@dfw.wa.gov, fax (360) 902-2155, by May 21, 2008.
Assistance for Persons with Disabilities: Contact Susan Yeager at (360) 902-2267 or by TTY (360) 902-2207.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: At present, WAC 220-20-005 allows only salmon to be landed and delivered in Washington by holders of an Oregon gill net license when the fish are taken from the concurrent waters of the Columbia River. Oregon's law, however, allows for landing and delivering sturgeon as well. This rule change will establish commercial-license reciprocity with Oregon to allow salmon and sturgeon to be taken in Washington by holders of an Oregon gill net license when the fish are taken from the concurrent waters of the Columbia River.
Reasons Supporting Proposal: To provide commercial-license reciprocity with Oregon for the benefit of commercial gillnetters in both states.
Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.
Statute Being Implemented: RCW 77.12.047 and 77.04.020.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington department of fish and wildlife, governmental.
Name of Agency Personnel Responsible for Drafting: Mike Cenci, 1111 Washington Street, Olympia, (360) 902-2938; Implementation: Phil Anderson, 1111 Washington Street, Olympia, (360) 902-2720; 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. The proposed rule will economically benefit Oregon gillnetters by providing the same opportunity to land and deliver sturgeon in Washington that Washington gillnetters have. The rule will not impose costs on gillnetters.
A cost-benefit analysis is not required under RCW 34.05.328. These proposals do not affect hydraulics.
April 23, 2008
Loreva M. Preuss
Rules Coordinator
OTS-1504.1
AMENDATORY SECTION(Amending WSR 07-15-068, filed 7/17/07,
effective 8/17/07)
WAC 220-20-005
Oregon-Washington commercial license
reciprocity.
The following Oregon licenses are equivalent to
Washington licenses and are valid in the concurrent waters of
the Columbia River:
(1) An Oregon Columbia River gill net salmon vessel permit issued under ORS 508.775 - ORS 508.796 is equivalent to a Washington salmon gill net fishery license issued under RCW 77.65.160 (1)(a) or (c) in the concurrent waters of the Columbia River. A person who holds an Oregon Columbia River gill net salmon vessel permit may land salmon and sturgeon in Washington that were taken in the Columbia River salmon gill net salmon fishery.
(2) An Oregon ocean charter vessel license issued under ORS 830.435 is equivalent to a Washington charter license issued under RCW 77.65.150 in the concurrent waters of the Columbia River downstream of the bridge at Longview, except that an Oregon vessel may not take on or discharge passengers for any purpose from any Washington port, the Washington shore, or a dock, landing, or other point in Washington.
(3) An Oregon outfitter and guide registration issued under ORS 704.020 is equivalent to a Washington professional salmon guide license issued under RCW 77.65.370 or to a Washington professional game fish guide license issued under RCW 77.65.480(3), in the concurrent waters of the Columbia River upstream of the bridge at Longview and downstream of the Oregon boundary in Lake Wallula, except that an Oregon vessel may not take on or discharge passengers for any purpose from any Washington port, the Washington shore, or a dock, landing, or other point in Washington.
[Statutory Authority: RCW 77.12.047. 07-15-068, § 220-20-005, filed 7/17/07, effective 8/17/07. Statutory Authority: RCW 77.65.010, 77.04.020, 77.04.130. 07-03-142, § 220-20-005, filed 1/23/07, effective 2/23/07.]