WSR 06-06-089

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 1, 2006, 11:26 a.m. ]

Original Notice.

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

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

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: Amend rule on aquatic farm registration to clarify description. Each aquatic farm to be separately registered, even if within a single aquaculture district.

Reasons Supporting Proposal: Recent rule changes require fish ticket reporting of new aquatic farms. This rule complements that, and uses the standard description for the health harvest site certificate. 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 only changes the description of the registered site. Since there is no cost for the registration, there is 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-8026.2


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.)) In applying for aquatic farm registration for shellfish, the applicant must identify the farm site using the same description used for applying for the department of health harvest site certificate required to harvest shellfish for sale for human consumption.

[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.]

Washington State Code Reviser's Office