WSR 05-09-023

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed April 12, 2005, 2:36 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-06-104.

     Title of Rule and Other Identifying Information: Aquatic farm registration rules.

     Hearing Location(s): Clarion Hotel, 1507 North First Street, Yakima, WA, on June 17-18, 2005, begins at 8:00 a.m., June 17, 2005.

     Date of Intended Adoption: June 17, 2005.

     Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by June 14, 2005.

     Assistance for Persons with Disabilities: Contact Susan Yeager by June 3, 2005, TTY (360) 902-2207 or (360) 902-2267.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend aquatic farm registration to require each farm site to be separately registered, rather than all sites within an aquaculture district being registered as a single farm.

     Reasons Supporting Proposal: This clarifies the source of aquatic farm product.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

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

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

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

     1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: Aquatic farmers will be required to separately register each geographically isolated farm site. Since farmers are currently required to provide site maps and proof of lawful occupation for each site, the additional requirement in the application process is to complete a separate (free) application for each site, rather than grouping all sites within a single aquaculture district into one site registration.

     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: The compliance cost is completing a separate registration application for each site.

     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.

     The cost is minimum. All current application requirements meet the new rule, with the single exception of a separate application for each geographically isolated site.

     6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: The agency has supplied the registration forms, and there is no cost to register an aquatic farm.

     7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: Public hearing.

     8. A List of Industries That Will Be Required to Comply with the Rule: Aquatic farmers.

     A copy of the statement may be obtained by contacting Evan Jacoby, 600 Capitol Way, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail jacobesj@dfw.wa.gov.

     A cost-benefit analysis is not required under RCW 34.05.328. These rule proposals do not affect hydraulics.

April 12, 2005

Evan Jacoby

Rules Coordinator

OTS-8026.1


AMENDATORY SECTION(Amending Order 86-102, filed 9/12/86)

WAC 220-76-015   Aquatic farm -- Definition.   An aquatic farm is any facility or tract of land used for private, commercial culture of aquatic products. Each geographically separate facility or tract of land used for commercial culture shall constitute a separate farm. ((In marine waters, facilities, or tracts of land in the same marine aquaculture district which are owned or operated by the same person shall be considered to be a single farm for the purposes of this section.))

[Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-76-015, filed 9/12/86; Order 980, § 220-76-015, filed 2/3/72.]

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