WSR 06-06-088

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 1, 2006, 11:25 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-24-041.

Title of Rule and Other Identifying Information: Repeal retention of tagged bottomfish and herring.

Hearing Location(s): Comfort Inn and Conference Center, 1620 74th Avenue S.W., Tumwater, WA, on April 7-8, 2006, starts at 8:00 a.m. on April 7, 2006.

Date of Intended Adoption: April 7, 2006.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by March 31, 2006.

Assistance for Persons with Disabilities: Contact Nancy Burkhart by March 24, 2006, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Repeal rule allowing retention of tagged bottomfish and herring when season is closed.

Reasons Supporting Proposal: This rule is inconsistent with management practices that mandate release of certain species at all times (six-gill shark), and release of species during closed seasons for that species (lingcod). The advantage of tag recovery is out-weighed by the need for release of these fish.

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. This rule affects retention of fish by recreational fishers, and has no effect on small businesses.

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

March 1, 2006

Evan Jacoby

Rules Coordinator

OTS-8662.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-117 Retention of tagged bottomfish and herring.

Washington State Code Reviser's Office