Original Notice.

Preproposal statement of inquiry was filed as WSR 99-09-040.

Title of Rule: Enhancement account funding.

Purpose: Provide mechanism for funding enhancement accounts.

Statutory Authority for Adoption: RCW 77.32.440.

Statute Being Implemented: RCW 77.32.440.

Summary: Changes enhancement account funding to reflect actual participation.

Reasons Supporting Proposal: The legislature requires the department to fund the enhancement accounts based on actual participation.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Dave Brittell, 1111 Washington Street, Olympia, 902-2206; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2927.

Name of Proponent: Washington State Department of Fish and Wildlife, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Provides a more accurate funding mechanism and allows adjustment based on future participation.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The funding mechanism for regional fisheries enhancement, recreational fisheries enhancement, and Eastern Washington pheasant enhancement is currently a percentage of sales of certain hunting and fishing licenses. With the new recreational licensing structure, the enhancement fees (formerly a separate cost) are included in the cost of the relevant hunting or fishing license. Participants in the programs funded by these enhancement programs are no longer readily identifiable by the fees they pay, making the percentage of sales calculation problematic. The department is required by rule or statute to annually survey hunters and fishers to determine participation rates by types of hunting and fishing. The surveys will be expanded to capture the numbers of hunters and fishers that participate in and benefit from regional fisheries enhancement, recreational fisheries enhancement, and Eastern Washington pheasant enhancement efforts. The surveys will occur after April 1, 2000, and the resulting rates of participation will be used to establish enhancement program funding, beginning July 1, 2000, for fiscal year 2001. This method will more accurately reflect actual participation than a percentage of license revenues. With this change, funding for each enhancement program will be determined using the same funding method. For fiscal year 2000, the enhancement programs will receive the same level of funding as was provided in fiscal year 1999. Beginning fiscal year 2001, annual funding will increase or decrease according to participation rates in the particular type of hunting or fishing.

Proposal Changes the Following Existing Rules: Changes percentage to fixed dollar amount for fiscal year 2000, and funding thereafter is based upon an annual survey of participation conducted by the department.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules affect the funding of department enhancement programs, not small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Shilo Inn, 707 Ocean Shores Boulevard, Ocean Shores, on August 6-7, 1999, at 12:00 noon.

Assistance for Persons with Disabilities: Contact Debbie Nelson by July 22, 1999, TDD (360) 902-2295, or (360) 902-2267.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501, fax (360) 902-2944, by August 5, 1999.

Date of Intended Adoption: August 7, 1999.

June 10, 1999

Evan Jacoby

Rules Coordinator

OTS-3083.3

AMENDATORY SECTION(Amending Order 98-263, filed 12/31/98, effective 1/1/99)

WAC 220-20-070
Recreational fisheries enhancement account--Funding.

((Pursuant to RCW 75.54.140, effective January 1, 1999, the recreational fisheries enhancement account (account) shall be funded as follows:))

The department shall deposit into the recreational fisheries enhancement group account ((8.505% of the funds received from the sale of each saltwater license and freshwater, saltwater, shellfish combination license, but not including licenses issued to youths and seniors)) the sum of $1,415,000 during fiscal year 2000, based on 127,000 annual license holders and 29,000 short-term license holders fishing for salmon and marine bottomfish in Puget Sound. Beginning in fiscal year 2001, and each year thereafter, the deposit into the recreational fisheries enhancement account shall be adjusted annually to reflect the actual number of license holders fishing for salmon and marine bottomfish in Puget Sound based on an annual survey from the previous license year conducted by the department beginning with the April 1, 1999, to March 31, 2000, license year survey.

[Statutory Authority: RCW 75.54.140 and 75.32.370.  99-02-040 (Order 98-263), § 220-20-070, filed 12/31/98, effective 1/1/99.]

OTS-3084.3

AMENDATORY SECTION(Amending Order 98-263, filed 12/31/98, effective 1/1/99)

WAC 220-140-050
Funding the fisheries regional enhancement group account.

((Pursuant to RCW 75.50.100, effective January 1, 1999, the dedicated fisheries regional enhancement group account (account) shall be funded as follows:))

The department shall deposit into the regional fisheries enhancement group account ((1.927% of the funds received from the sale of each saltwater license and freshwater, saltwater, shellfish combination license, but not including licenses issued to youths and seniors)) the sum of $297,500 during fiscal year 2000, based on 297,500 food fish anglers. Beginning in fiscal year 2001, and each year thereafter, the deposit into the fisheries regional enhancement account shall be adjusted annually to reflect the actual number of license holders fishing for food fish based on an annual survey from the previous license year conducted by the department beginning with the April 1, 1999, to March 31, 2000, license year survey. Additional deposits to the fisheries regional enhancement account will be made pursuant to RCW 75.50.100.

[Statutory Authority: RCW 75.54.140 and 75.32.370.  99-02-040 (Order 98-263), § 220-140-050, filed 12/31/98, effective 1/1/99.]

OTS-3085.2

AMENDATORY SECTION(Amending Order 99-02, filed 1/13/99, effective 2/13/99)

WAC 232-12-072
Eastern Washington pheasant enhancement--Funding level determination.

The department shall deposit into the Eastern Washington pheasant enhancement account ((26.06% of the funds received from the sale of small game licenses)) the sum of $385,000 during fiscal year 2000, based on 38,500 Eastern Washington pheasant hunters. Beginning in fiscal year 2001, and each year thereafter, the deposit into the Eastern Washington pheasant enhancement account shall be adjusted annually to reflect the actual number of license holders hunting for pheasant in Eastern Washington based on a survey of licensed hunters from the previous license year.

[Statutory Authority: 1998 c 191 and RCW 75.08.080.  99-03-029 (Order 99-02), § 232-12-072, filed 1/13/99, effective 2/13/99.]

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