Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-22-054.

     Title of Rule and Other Identifying Information: Rule against shark finning.

     Hearing Location(s): Natural Resources Building, 111 [1111] Washington Street, Olympia, WA, on February 10-11, 2006, begins 8:00 a.m. on February 10, 2006.

     Date of Intended Adoption: February 10, 2006.

     Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way, Olympia, WA 98504-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by February 3, 2006.

     Assistance for Persons with Disabilities: Contact Susan Yeager by January 27, 2006, TTY (360) 902-2207 or (360) 902-2267.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule prohibits shark finning. Shark finning is prohibited by federal law in coastal waters, but not specifically prohibited within state waters. This rule complements the federal law.

     Reasons Supporting Proposal: Shark finning is a wasteful practice that has lead to the loss of pelagic sharks. As shark populations decline, persons seeking recreational product or commercial product for market will expand their efforts. This rule seeks to clarify that shark finning is not allowed in the recreational fishery, and to prohibit commercial shark finning before a commercial market becomes established.

     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.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Shark finning as a commercial business does not occur in Washington state. This rule, therefore, has no effect on any existing small businesses.

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

January 3, 2006

Evan Jacoby

Rules Coordinator

OTS-8520.1

AMENDATORY SECTION(Amending Order 02-278, filed 11/6/02, effective 12/7/02)

WAC 220-20-020   General provisions -- Lawful and unlawful acts -- Food fish other than salmon.   (1) It is unlawful to fish for or possess for commercial purposes any round, undressed white sturgeon less than 48 inches or greater than 60 inches in length or any round, undressed green sturgeon less than 48 inches or greater than 66 inches in length.

     (2) It is unlawful to fish for or possess for commercial purposes or possess aboard a commercial fishing vessel for any purpose any species of halibut (Hippoglossus) unless permitted by the current regulations of the International Pacific Halibut Commission.

     (3) It is unlawful to fish for or possess for commercial purposes sturgeon taken from any of the waters of Puget Sound or tributaries, and any sturgeon taken with any type of commercial gear incidental to a lawful fishery shall immediately be returned to the water unharmed.

     (4) It is unlawful to fish for food fish for commercial purposes in the waters of Shilshole Bay inland and inside a line projected in a southwesterly direction from Meadow Point to West Point.

     (5) It is unlawful to fish for or possess for commercial purposes any starry flounder less than 14 inches in length taken by any commercial gear, in all Puget Sound Marine Fish-Shellfish Areas.

     (6) It shall be unlawful to harvest herring eggs naturally deposited on marine vegetation or other substrate, unless a person has a permit issued by the director.

     (7) It is unlawful to fish for or possess carp taken for commercial purposes except as authorized by written permit from the director, except that carp taken incidental to a commercial fishery for other species may be retained for commercial purposes. Failure to comply with the provisions of the carp permit constitutes unlawful use of the carp commercial fishery license

     (8) It is unlawful to fin sharks in Washington state waters, and it is unlawful to possess shark fins in the field unless the carcass of the shark is retained, except that once a commercially taken shark carcass has been delivered to a licensed wholesale dealer or a person acting in that capacity, and the sale of the shark has been recorded on a fish receiving ticket, the shark fins need not be retained with the shark carcass.

[Statutory Authority: RCW 77.12.047. 02-23-002 (Order 02-278), § 220-20-020, filed 11/6/02, effective 12/7/02; 02-02-049 (Order 01-286), § 220-20-020, filed 12/27/01, effective 1/27/02; 00-17-106 (Order 00-149), § 220-20-020, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 75.08.080. 00-01-103 (Order 99-215), § 220-20-020, filed 12/16/99, effective 1/16/00; 98-15-031 (Order 98-120), § 220-20-020, filed 7/7/98, effective 8/7/98; 97-07-043 (Order 97-51), § 220-20-020, filed 3/14/97, effective 4/14/97; 95-23-020 (Order 95-166), § 220-20-020, filed 11/8/95, effective 12/9/95; 93-14-042 (Order 93-54), § 220-20-020, filed 6/29/93, effective 7/30/93. Statutory Authority: RCW 75.08.080 and 75.28.245. 90-07-003 (Order 90-17), § 220-20-020, filed 3/8/90, effective 4/8/90. Statutory Authority: RCW 75.08.080. 90-06-045 (Order 90-15), § 220-20-020, filed 3/1/90, effective 4/1/90; 80-09-072 (Order 80-69), § 220-20-020, filed 7/18/80; 79-03-014 (Order 79-11), § 220-20-020, filed 2/15/79; Order 77-147, § 220-20-020, filed 12/16/77; Order 77-14, § 220-20-020, filed 4/15/77; Order 76-148, § 220-20-020, filed 12/2/76; Order 76-26, § 220-20-020, filed 4/20/76; Order 1193-A, § 220-20-020, filed 3/5/75; Order 1193, § 220-20-020, filed 3/4/75; Order 1143, § 220-20-020, filed 8/8/74; Order 1105, § 220-20-020, filed 12/28/73; Order 1057, § 220-20-020, filed 5/22/73; Order 1045, § 220-20-020, filed 3/8/73; Order 988, § 220-20-020, filed 4/28/72; Order 920, § 220-20-020, filed 5/13/71; Order 862, § 220-20-020, filed 4/16/70; Order 817, § 220-20-020, filed 5/29/69; Order 810, § 220-20-020, filed 4/17/69.]