WSR 10-19-110

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed September 21, 2010, 11:21 a.m. ]

Subject of Possible Rule Making: Recreational fishing closure of Elwha River and tributaries downstream of Olympic National Park, including Lake Sutherland, Clallam County.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.020, 77.12.045, 77.12.047.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department seeks to close portions of the Elwha River and its tributaries to angling for all fish species as early as November 1, 2011. The closure is in conjunction with the removal of dams on the Elwha River beginning in 2011. The protection of fish stocks is needed during the time when sediment accumulations from behind the dams are washed downstream.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The National Park Service -- Olympic National Park and the Lower Elwha Klallam Tribe will implement closures of Elwha River fisheries under their jurisdiction. Coordination is occurring through meetings and discussions of an Elwha Fisheries Technical Committee.

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. Contact by November 10, 2010. Expected proposal filing will be on or after November 17, 2010.

September 21, 2010

Lori Preuss

Rules Coordinator

Washington State Code Reviser's Office