WSR 09-15-140

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed July 21, 2009, 9:08 a.m. ]

Subject of Possible Rule Making: WAC 220-69-230 Description of Washington state nontreaty fish receiving tickets, and related rules and 220-69-250 Required information on nontreaty fish receiving tickets.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.12.047 and 77.04.020.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Federal groundfish and salmon regulations allow trollers incidental allowances of Pacific halibut and groundfish that are expressed as a ratio of individual groundfish or halibut possessed or landed to the number of chinook retained. To enforce this incidental allowance, the department must therefore require that Pacific halibut and groundfish be reported in individual numbers on the troll fish receiving ticket. Current regulations only require halibut and groundfish to be reported in original total or original dressed weight.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Pacific Fisheries Management Council (PFMC) and the National Marine Fisheries Service (NMFS). This rule proposal will help the department better track incidental allowances and thus enforce PFMC's and NMFS's groundfish and salmon regulations.

Process for Developing New Rule: Agency study.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lori Preuss, WDFW Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, e-mail Lori.preuss@dfw.wa.gov. Expected proposal filing on or after September 23, 2009.

July 21, 2009

Lori Preuss

Rules Coordinator

Washington State Code Reviser's Office