WSR 02-10-124

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed May 1, 2002, 9:14 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-06-033.

Title of Rule: Personal use fishing rules.

Purpose: Distinguish closed season fishing for federally threatened and endangered fish.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.15.380.

Summary: Creates two new sections specifically dealing with closed season fishing on threatened and endangered fish.

Reasons Supporting Proposal: Necessity of distinguishing closed season fishing on critical stocks as opposed to hatchery stocks.

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

Name of Proponent: Washington State 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 will distinguish closed season fishing on federally threatened and endangered species from general closed season fishing violations. Currently the bail schedule for closed season fishing is $100, and there is no difference between a closed season violation for a hatchery rainbow trout and a closed season for a federally listed endangered bull trout. By adding a new element to the closed season violation, the department will be able to request the administrator of the courts to set a different bail schedule for violations involving federally threatened and endangered species. This will be a significant help in deterring intentional fishing on such fish.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small businesses. It affects recreational fishing.

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

Hearing Location: Natural Resources Building, Room 172, 1111 Washington Street, Olympia, WA, on June 7-8, 2002, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by May 31, 2002, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by June 3, 2002.

Date of Intended Adoption: June 7, 2002.

May 1, 2002

Evan Jacoby

Rules Coordinator

OTS-5550.1


NEW SECTION
WAC 220-56-193   Closed season -- Endangered Species Act fish classified as threatened.   (1) It is unlawful to fish for or possess any fish listed as threatened in 50 C.F.R. 17.11, pursuant to the federal Endangered Species Act, unless fishing for or possession of such fish is specifically allowed under federal or state law.

(2) Each fish possessed in violation of this section shall be treated as a separate offense.

(3) Violation of this section is punishable under RCW 77.15.380, unlawful recreational fishing in the second degree, unless such fish are taken in the amounts, place, or manner to constitute unlawful recreational fishing in the first degree, or unless such fish are designated as protected or endangered under state law.

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NEW SECTION
WAC 220-56-194   Closed season -- Endangered Species Act fish classified as endangered.   (1) It is unlawful to fish for or possess any fish listed as endangered in 50 C.F.R. 17.11, pursuant to the federal Endangered Species Act, unless fishing for or possession of such fish is specifically allowed under federal or state law.

(2) Each fish possessed in violation of this section shall be treated as a separate offense.

(3) Violation of this section is punishable under RCW 77.15.380, unlawful recreational fishing in the second degree, unless such fish are taken in the amounts, place, or manner to constitute unlawful recreational fishing in the first degree, or unless such fish are designated as protected or endangered under state law.

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Washington State Code Reviser's Office