PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-15-111.
Title of Rule: Oyster reserve sales rules.
Purpose: Amend notice requirements on oyster reserve sales.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Summary: Deletes requirement for publication in Daily Olympian.
Reasons Supporting Proposal: Cost savings.
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: The current rule requires oyster reserve sales notice to be published in the Daily Olympian and a local paper. The publication in the local paper serves the growers who are the participants in the sales, most of which are from Willapa Bay. These growers do not have access to the Daily Olympian, and additional publication incurs costs without any benefit to the participants. Publication in a local paper provides sufficient notice.
Proposal Changes the Following Existing Rules: Amend oyster reserve sales notice.
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.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? This rule will result in the Daily Olympian newspaper to lose $750 in revenue which is the cost of a single publication per year of notice of an oyster reserve sale.
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: There are no costs.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: Public hearing and direct notice to the Daily Olympian.
8. A List of Industries That Will Be Required to Comply with the Rule: There are no industries that are required to comply with the rule.
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: Fort Worden State Park, Port Townsend, Washington, on December 5-6, 2003, begins 8:00 a.m. on December 5, 2003.
Assistance for Persons with Disabilities: Contact Susan Yeager by November 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 November 28, 2003.
Date of Intended Adoption: December 5, 2003.
October 17, 2003
Evan Jacoby
Rules Coordinator
OTS-6732.1
AMENDATORY SECTION(Amending Order 85-190, filed 11/27/85)
WAC 220-60-010
Publishing notice of sale.
Sales of
oysters and/or clams from the oyster reserves of the state in
excess of 50 bushels shall take place only after notice of
such sales has been published in ((the Daily Olympian at
Olympia, Washington, and)) one newspaper of general
circulation in the area in which such sales shall take place.
[Statutory Authority: RCW 75.08.080. 85-24-045 (Order 85-190), § 220-60-010, filed 11/27/85; Order 248, § 1, filed 3/1/60.]