Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-22-101.

     Title of Rule: Commercial fishing rules.

     Purpose: Adopt definition for mouth of Deep River.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: Sets mouth of river at Highway 4 Bridge.

     Reasons Supporting Proposal: Allow directed fishery on hatchery fish.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 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: There is opportunity for a directed commercial fishery in the lower Deep River, that will harvest available surplus hatchery fish without impacting recreational fisheries. By setting the mouth of the river at the Highway 4 Bridge, it allows this fishery to occur without violating RCW 77.50.040.

     Proposal does not change existing rules.

     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. Fishers may elect to participate in this fishery net.

     4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No.

     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: No costs.

     7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: This rule was developed with industry.

     8. A List of Industries That Will Be Required to Comply with the Rule: No compliance requirement.

     A copy of the statement may be obtained by writing to Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155.

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

     Hearing Location: Cowlitz County P.U.D., 961 12th Avenue, Longview, WA 98632, on February 7-8, 2003, at 8:00 a.m.

     Assistance for Persons with Disabilities: Contact Susan Yeager by January 24, 2003, 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 January 31, 2003.

     Date of Intended Adoption: February 7, 2003.

December 24, 2002

Evan Jacoby

Rules Coordinator

OTS-6105.1

NEW SECTION
WAC 220-16-290   Geographical definitions -- Deep River (Wahkiakum County).   For commercial fisheries, the mouth of the Deep River is defined as the Highway 4 Bridge.

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