WSR 09-12-022

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed May 22, 2009, 3:26 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-08-048.

Title of Rule and Other Identifying Information: WAC 220-16-026, 220-16-102, and 220-16-12505, fishing net definitions.

Hearing Location(s): Natural Resources Building, First Floor, Room 172, 1111 Washington Street S.E., Olympia, WA 98504, on July 10-11, 2009, at 8:45 a.m.

Date of Intended Adoption: August 7-8, 2009.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Lori.Preuss@dfw.wa.gov, fax (360) 902-2155, by June 29, 2009.

Assistance for Persons with Disabilities: Contact Susan Yeager by June 29, 2009, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Commercial fisheries in the Columbia River are primarily conducted under emergency rules and adopted by the Columbia River compact. This proposal defines a type of net that has been used in managing the fishery under emergency rules. It also defines gill nets as drift nets.

Reasons Supporting Proposal: The Oregon department of fish and wildlife and the Washington department of fish and wildlife have developed reciprocal rules for fishers on the concurrent waters of the Columbia River. This rule proposal will mirror Oregon's for the definitions of unslackened net and slackers.

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: The Washington department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Cindy LeFleur, 1111 Washington Street S.E., Olympia, WA 98504, (360) 753-2600; Implementation: Jim Scott, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2651; and Enforcement: Chief Bruce Bjork, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The same definitions proposed in this rule have been used in emergency rules and are known in the industry. This proposal will simply formally adopt the definitions to be consistent with Oregon's definitions, since both states are member[s] of the Columbia River compact. The rule change will not impact small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not involve hydraulics.

May 22, 2009

Lori Preuss

Rules Coordinator

OTS-2237.2


NEW SECTION
WAC 220-16-026   Definition -- Columbia River non-Indian drift net.   "Drift net" includes drift gill nets, floater gill nets, diver gill nets, and tangle nets. A drift net is a monofilament or multifilament mesh net that has a cork and lead line and drifts with the tide or current at all times while it is being fished. There must be sufficient buoyancy in the corks or the floats on the cork line to allow the net to drift with the current.

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NEW SECTION
WAC 220-16-102   Definition -- Slacker.   "Slacker" means a single piece of material or cord that is not webbing or mesh but that is connected vertically or woven into the mesh of the net between the cork and lead lines. A slacker is used to shorten netting to give the net surface flexibility.

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NEW SECTION
WAC 220-16-12505   Definition -- Unslackened net.   "Unslackened net" is defined as a net that is hung evenly, with no strings, slackers, trammels, or rip lines used to slacken the net. Rip lines are allowed on an unslackened net, provided they do not slacken the net.

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Washington State Code Reviser's Office