WSR 08-21-139

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 20, 2008, 4:56 p.m. ]

Title of Rule and Other Identifying Information: WAC 220-44-035 Highly migratory species fisheries -- Possession and landing requirements -- Gear restriction.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Lori Preuss, Rules Coordinator, Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091 , AND RECEIVED BY December 22, 2008.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to correct a reference to the Code of Federal Regulations (C.F.R.) for highly migratory species. The rule currently refers to C.F.R. Title 50, Part 660, Subpart G. It should be Subpart K. This proposal is not likely to affect current industry practices; participants in the fishery already know the gear restriction and the possession and landing requirements for highly migratory species.

Reasons Supporting Proposal: This rule amendment is technical in nature and corrects a typographical error. If any of the fishery participants violates the rule, this proposal will allow officers to enforce the rule.

Statutory Authority for Adoption: RCW 77.65.010, 77.12.047, and 77.04.020.

Statute Being Implemented: RCW 77.65.010, 77.12.047, and 77.04.020.

Rule is necessary because of federal law, C.F.R. Title 50, Part 660, Subpart K.

Name of Proponent: Washington department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Lori Preuss, 1111 Washington Street S.E., Olympia, WA, (360) 902-2930; Implementation: Deputy Chief Mike Cenci, 1111 Washington Street S.E., Olympia, WA, (360) 902-2938; and Enforcement: Chief Bruce Bjork, 1111 Washington Street S.E., Olympia, WA, (360) 902-2929.

October 20, 2008

Loreva M. Preuss

Rules Coordinator

OTS-2003.1


AMENDATORY SECTION(Amending Order 07-279, filed 11/7/07, effective 12/8/07)

WAC 220-44-035   Highly migratory species fisheries -- Possession and landing requirements -- Gear restriction.   (1) It is unlawful to possess, transport through the waters of the state, or land into any Washington port, highly migratory species taken in violation of any permit or data collection requirements as published in the Code of Federal Regulations (CFR), Title 50, Part 660, Subpart ((G)) K. These federal regulations provide the requirements for highly migratory species fisheries in the Pacific Ocean. There may be additional regulations listed in the Federal Register, and these override the regulations in the CFR if there are any inconsistencies between the two. Chapter 220-44 WAC incorporates the CFR by reference and is based, in part, on the CFR. Where rules refer to the fishery management area, that area is extended to include Washington state waters coterminous with the Exclusive Economic Zone. A copy of the federal rules may be obtained by contacting Lori Preuss at 360-902-2930, or the internet at www.pcouncil.org. State regulations may apply that are more restrictive than federal regulations.

(2) Except as authorized under the federal rules referenced in this subsection, it is unlawful to use drift gill net gear in state and offshore waters west of the Bonilla-Tatoosh line, north of the Washington-Oregon boundary, and south of the United States-Canada boundary.

(3) Violation of reporting requirements under this section is punishable pursuant to RCW 77.15.280.

(4) Violation of gear requirements under this section is punishable pursuant to RCW 77.15.520.

[Statutory Authority: RCW 77.12.047. 07-23-002 (Order 07-279), 220-44-035, filed 11/7/07, effective 12/8/07; 05-17-003 (Order 05-165), 220-44-035, filed 8/3/05, effective 9/3/05; 02-02-051 (Order 01-288), 220-44-035, filed 12/27/01, effective 1/27/02.]

Washington State Code Reviser's Office