WSR 09-20-076

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 5, 2009, 3:58 p.m. ]

Subject of Possible Rule Making: WAC 220-33-030 Shad.

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: The Columbia River compact adopted a permanent shad commercial fishery at the July 29, 2009, hearing. Recent commercial shad fisheries have had consistent seasons, stable participation, and fairly predictable landings, but have been adopted annually as an emergency regulation. This proposal will make the rule permanent.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington department of fish and wildlife and the Oregon 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 commercial shad fishery in the Columbia River.

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 at Lori.preuss@dfw.wa.gov. Contact by November 23, 2009. Expected proposal filing on or after December 2, 2009.

October 5, 2009

Lori Preuss

Rules Coordinator

Washington State Code Reviser's Office