WSR 15-22-096

PREPROPOSAL STATEMENT OF INQUIRY

[Filed November 3, 2015, 3:20 p.m.]

Subject of Possible Rule Making: Amend Puget Sound commercial smelt fishery rules to permanently adopt quick reporting requirements in the Puget Sound commercial smelt fishery.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012, 77.04.013, 77.04.055, and 77.12.047.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: A permanent rule change adopted by the fish and wildlife commission established a fixed annual quota of sixty thousand pounds in the Puget Sound commercial smelt fishery. This fixed quota means that the department now needs inseason catch tracking to ensure overharvest does not occur. As such, the department filed an emergency rule amending WAC 220-49-005 that established "quick reporting" procedures for the Puget Sound commercial smelt fishery. Requiring fishers to "quick report" their catch by 2:00 p.m. the day after harvest allows fishery managers to track harvest in near real-time. This proposed rule making would make quick reporting requirements permanent in the Puget Sound commercial smelt fishery in response to the fixed quota adopted by the commission.

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

Process for Developing New Rule: Pilot rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Craig Burley, WDFW Marine Resources Division, 600 Capitol Way North, Olympia, WA 98501, phone (360) 902-2784, e-mail Craig.Burley@dfw.wa.gov. Contact by December 11, 2015. Expected proposal filing on or after December 18, 2015.

November 3, 2015

Joanna M. Eide

Rules Coordinator