WSR 09-18-065

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed August 28, 2009, 3:17 p.m. ]

Subject of Possible Rule Making: WAC 220-20-010 General provisions -- Lawful and unlawful acts -- Salmon, other fish and shellfish, 220-33-060 Columbia River -- Commercial fisheries below Bonneville Dam, 220-36-03001 Grays Harbor -- Seasons and lawful gear -- Varieties other than salmon and sturgeon, 220-40-030 Willapa Bay -- Seasons and lawful gear -- Varieties other than salmon and sturgeon, 220-44-020 Coastal baitfish gear, and 220-69-240 Duties of commercial purchasers and receivers.

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

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: State laws and rules can be more restrictive than their federal counterparts, but not less restrictive. WAC 220-33-060, 220-40-030, 220-36-03001, and 220-44-020 are less restrictive than the federal regulation, 50 C.F.R. 660 Subpart I, limiting the incidental catch of sardines in other fisheries. The department wants to amend these aforementioned WACs to mirror 50 C.F.R. 660 Subpart I. In addition, the department wants to amend WAC 220-33-060, 220-40-030, 220-36-03001, and 220-44-020 to establish baitfish trips limits to ensure conservation of the resource and sustainability of baitfish fisheries. The department wants to amend WAC 220-20-010 to prohibit the use of anchovies for purposes other than human consumption or fishing bait, except as provided for in other rules. Lastly, the department wants to amend WAC 220-69-240 to require commercial purchasers to indicate on fish receiving tickets the quantity in pounds of anchovies purchased for purposes other than human consumption.

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 Enforcement, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail Lori.Preuss@dfw.wa.gov.

August 28, 2009

Lori Preuss

Rules Coordinator

Washington State Code Reviser's Office