WSR 06-06-088




[ 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, 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



     The following section of the Washington Administrative Code is repealed: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