Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-02-038.

     Title of Rule: Priorities for handling surplus salmon eggs.

     Purpose: Establish rules for surplus salmon and salmon eggs.

     Statutory Authority for Adoption: RCW 77.100.060.

     Statute Being Implemented: RCW 77.100.060.

     Summary: Establishes priority of the uses of salmon and salmon eggs.

     Reasons Supporting Proposal: Increase the number of spawning salmon and viable salmon eggs.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 600 Capitol Way, Olympia, (360) 902-2930; Implementation: Lew Atkins, 600 Capitol Way, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 600 Capitol Way, Olympia, (360) 902-2373.

     Name of Proponent: Department of Fish and Wildlife, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: These rules implement chapter 337, Laws of 2001, which, in relevant part, require the department to adopt rules to establish the priority for uses of surplus salmon and salmon eggs. These rules will include allowing for escape of hatchery origin fish in order to restore salmon runs in the state.

     Proposal Changes the Following Existing Rules: Modifies priority of use of surplus salmon eggs.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not affect small businesses.

     RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

     Hearing Location: Kittitas County Fairground, 512 North Poplar, Ellensburg, WA, on April 12-13, 2002, at 8:00 a.m.

     Assistance for Persons with Disabilities: Contact Debbie Nelson by April 1, 2002, TDD (360) 902-2207, or (360) 902-2267.

     Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98504-1091, fax (360) 902-2155, by April 5, 2002.

     Date of Intended Adoption: April 12, 2002.

March 5, 2002

Evan Jacoby

Rules Coordinator

OTS-5530.1

AMENDATORY SECTION(Amending Order 79-75, filed 9/7/79)

WAC 220-74-020   Priorities.   (1) It is the duty of the department to assure that egg requirements for state hatcheries ((and natural spawning escapements)) are satisfied. Once these requirements have been met, eggs surplus to these requirements will be provided ((to voluntary cooperative salmon culture programs under the supervision of the department, to qualified transferees and to qualified exchangees. Once these requirements are satisfied, the eggs may be made available for sale under chapter 220-74 WAC.

     Qualified transferees are governmental hatcheries in Washington and Oregon or hatcheries of federally approved tribes in Washington to whom eggs are moved, not sold, under the Interlocal Cooperation Act, chapter 39.34 RCW, for release or experiments designed to benefit the citizens of the state and private or other governmental laboratories to whom eggs are moved, not sold, for experiments designed to benefit the citizens of the state. Qualified exchangees are governmental entities who are provided eggs by the department and from whom the department obtains eggs on a mutually agreeable basis and for the benefit of the citizens of the state)) as per RCW 77.95.210.

     (2) Prioritized schedule for salmon production. Annually the department shall:

     (a) Determine the salmon production capacity of department hatcheries;

     (b) Determine the allowable numbers of hatchery-origin salmon that will be allowed to spawn naturally, by location;

     (c) Make estimates of the number of adult salmon returning to department facilities;

     (d) Solicit requests for viable salmon eggs from the following entities: Volunteer salmon rearing cooperatives established under chapter 77.100 RCW, regional fisheries enhancement groups established under chapter 77.95 RCW, lead entities for salmon recovery as established under chapter 77.85 RCW, government hatcheries in Washington, Oregon and Idaho, and hatcheries of federally recognized Indian tribes in Washington, Oregon and Idaho;

     (e) Compile and submit for review by Indian tribes with treaty fishing rights a plan for replenishing fish runs through the use of available viable salmon eggs, including transfers to the entities listed in this subsection; and

     (f) Offer an appeal mechanism to any entity denied a transfer of viable salmon eggs.

     (3) The department will prioritize projects that utilize surplus viable salmon eggs and outplanting of adult fish. In such prioritization, the department will evaluate all proposed projects in terms of potential benefits and risks. In considering projects that involve placing adult, juvenile or eggs into a body of water, the biological factors that will be considered include, but are not limited to:

     (a) Expected salmon recovery benefits;

     (b) Effect on ongoing research and monitoring projects;

     (c) Nutrient benefit;

     (d) Habitat carrying capacity;

     (e) Interspecies interactions;

     (f) Disease risk;

     (g) Ability to monitor effects of introduction;

     (h) Biodiversity significance of the wild population;

     (i) Genetic similarity of introduced and wild stocks;

     (j) Status of populations under the Endangered Species Act or the salmonid stock inventory; and

     (k) The proportional mix of hatchery-origin and wild fish.

     (4) All projects will be evaluated consistent with documented department protocols and procedures, recovery plans and management agreements, including, but not limited to:

     (a) The WDFW Genetics Manual;

     (b) The WDFW Spawning Guidelines;

     (c) The WDFW Stock Transfer Guidelines;

     (d) The WDFW Fish Health Manual;

     (e) The Co-Managers Fish Disease Control Policy;

     (f) The WDFW Wild Salmonid Policy;

     (g) WDFW hatchery and genetics management plans;

     (h) WDFW fishery management and evaluation plans;

     (i) Rules developed under section 4(d) of the Endangered Species Act; and

     (j) Take permits issued under sections 7 and 10 of the Endangered Species Act.

     (5) Prioritized schedule for egg sales. To encourage the use of surplus live salmon eggs available for sale for the optimum benefit of the citizens of the state, the following priorities will be followed, within practical limitations, in distributing surplus live salmon eggs resulting from returns to artificial production facilities:

     (a) Sales to in-state aquaculturists when the eggs would be hatched, the resulting fry reared, by a person or corporation engaged in the fish industry in this state.

     (b) Sales to private Oregon sea ranchers where fish are to be released for migration from Oregon sites to the Pacific Ocean and thus subject to the public capture fisheries of the state of Washington.

     (c) Sales to the hatcheries located in California and Alaska where the fish are to be released at sites located in those states for migration to the Pacific Ocean for harvest by public capture fisheries and thus subjected to public capture by fishermen of the state of Washington.

     (d) Sales to other state, federal and private aquaculture programs ((which neither qualify as qualified transferees or exchangees nor meet the requirements of the first three priorities)).

     (e) Sales to foreign governmental entities ((which are not qualified transferees or exchangees and to other foreign entities (corporations))).

[Statutory Authority: RCW 75.08.080. 79-10-013 (Order 79-75), § 220-74-020, filed 9/7/79; 78-09-071 (Order 78-66), § 220-74-020, filed 8/25/78.]

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