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CR-102 (October 2017) (Implements RCW 34.05.320) Do NOT Use for Expedited Rule Making

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CR-102 (October 2017) (Implements RCW 34.05.320) Do NOT Use for Expedited Rule Making CODE REVISER USE ONLY PROPOSED RULE MAKING CR-102 (October 2017) (Implements RCW 34.05.320) Do NOT use for expedited rule making Agency: Washington State Department of Fish and Wildlife (WDFW) ☒ Original Notice ☐ Supplemental Notice to WSR ☐ Continuance of WSR ☒ Preproposal Statement of Inquiry was filed as WSR 19-03-140 on July 23, 2019 ; or ☐ Expedited Rule Making--Proposed notice was filed as WSR ; or ☐ Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1); or ☐ Proposal is exempt under RCW . Title of rule and other identifying information: (describe subject) The department is amending several regulations in WAC chapter 220-354 that affect commercial salmon fishing in the Puget Sound and include the following: WAC 220-301-030 Puget Sound salmon management and catch reporting area WAC 220-354-080 Puget Sound salmon-Closed Areas; WAC 220-354-120 Puget Sound salmon - Purse seine – Open periods WAC 220-354-160 Puget Sound salmon - Gillnet – Open periods WAC 220-354-180 Puget Sound salmon - Reef net – Open periods WAC 220-354-210 Puget Sound salmon - Beach seine – Open periods WAC 220-354-310 Puget Sound - Salmon preserve – Drayton Harbor WAC 220-354-320 Puget Sound – Salmon preserve – San Juan Island WAC 220-354-330 Puget Sound – Salmon preserve – Strait of Juan de Fuca WAC 220-354-340 Puget Sound – Area 7A Salmon fishery separation lines Hearing location(s): Date: Time: Location: (be specific) Comment: June 25, 2019 9:00 am till Natural Resources Building 11:00 am Room 682 1111 Washington Street SE Olympia, WA 98501 Date of intended adoption: June 26, 2019 (Note: This is NOT the effective date) Submit written comments to: Name: Scott Bird, WDFW Rules Coordinator Address: PO Box 43152 Olympia, WA 98501-3200 Email: [email protected] Fax: (360) 902-2155 Other: By (date) June 24, 2019 Assistance for persons with disabilities: Contact Delores Noyes Phone: (360) 902-2349 Fax: TTY: (360) 902-2207 Email: [email protected] Other: By (date) June 24, 2019 Page 1 of 4 Purpose of the proposal and its anticipated effects, including any changes in existing rules: These rules will incorporate the recommendations of the North of Falcon sub-group of the Pacific Fisheries Management Council to take harvestable fish in commercial salmon fisheries in Puget Sound while protecting species of fish listed as endangered. Reasons supporting proposal: The reason is to protect species of fish listed as endangered while supporting commercial salmon fishing in Puget Sound Statutory authority for adoption: RCWs 77.12.045, 77.12.047, and 77.04.020 Statute being implemented: RCWs 77.12.045, 77.12.047, and 77.04.020 Is rule necessary because of a: Federal Law? ☐ Yes ☒ No Federal Court Decision? ☐ Yes ☒ No State Court Decision? ☐ Yes ☒ No If yes, CITATION: Agency comments or recommendations, if any, as to statutory language, implementation, enforcement, and fiscal matters: None Name of proponent: (person or organization) Washington State Department of Fish and Wildlife ☐ Private (WDFW) ☐ Public ☒ Governmental Name of agency personnel responsible for: Name Office Location Phone Drafting: David Low 1111 Washington Street SE, Olympia, WA 98501 360-902-2717 Implementation: Ron Warren 1111 Washington Street SE, Olympia, WA 98501 360-902-2799 Enforcement: Chief Steve Bear 1111 Washington Street SE, Olympia, WA 98501 360-902-2373 Is a school district fiscal impact statement required under RCW 28A.305.135? ☐ Yes ☒ No If yes, insert statement here: The public may obtain a copy of the school district fiscal impact statement by contacting: Name: Address: Phone: Fax: TTY: Email: Other: Is a cost-benefit analysis required under RCW 34.05.328? ☐ Yes: A preliminary cost-benefit analysis may be obtained by contacting: Name: Address: Phone: Fax: Page 2 of 4 TTY: Email: Other: ☒ No: Please explain: The proposed rule changes do not affect hydraulics. Page 3 of 4 Regulatory Fairness Act Cost Considerations for a Small Business Economic Impact Statement: This rule proposal, or portions of the proposal, may be exempt from requirements of the Regulatory Fairness Act (see chapter 19.85 RCW). Please check the box for any applicable exemption(s): ☐ This rule proposal, or portions of the proposal, is exempt under RCW 19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Please cite the specific federal statute or regulation this rule is being adopted to conform or comply with, and describe the consequences to the state if the rule is not adopted. Citation and description: ☐ This rule proposal, or portions of the proposal, is exempt because the agency has completed the pilot rule process defined by RCW 34.05.313 before filing the notice of this proposed rule. ☐ This rule proposal, or portions of the proposal, is exempt under the provisions of RCW 15.65.570(2) because it was adopted by a referendum. ☐ This rule proposal, or portions of the proposal, is exempt under RCW 19.85.025(3). Check all that apply: ☐ RCW 34.05.310 (4)(b) ☐ RCW 34.05.310 (4)(e) (Internal government operations) (Dictated by statute) ☐ RCW 34.05.310 (4)(c) ☐ RCW 34.05.310 (4)(f) (Incorporation by reference) (Set or adjust fees) ☐ RCW 34.05.310 (4)(d) ☐ RCW 34.05.310 (4)(g) (Correct or clarify language) ((i) Relating to agency hearings; or (ii) process requirements for applying to an agency for a license or permit) ☐ This rule proposal, or portions of the proposal, is exempt under RCW . Explanation of exemptions, if necessary: COMPLETE THIS SECTION ONLY IF NO EXEMPTION APPLIES If the proposed rule is not exempt, does it impose more-than-minor costs (as defined by RCW 19.85.020(2)) on businesses? ☒ No Briefly summarize the agency’s analysis showing how costs were calculated. These rule changes clarify dates for anticipated open periods and areas for full-fleet and limited-participation salmon fisheries, and legal gear requirements for those fisheries. There are no anticipated professional services required to comply. Based on the department’s analysis, the proposed rules do not require any additional equipment, supplies, labor, or administrative costs. ☐ Yes Calculations show the rule proposal likely imposes more-than-minor cost to businesses, and a small business economic impact statement is required. Insert statement here: The public may obtain a copy of the small business economic impact statement or the detailed cost calculations by contacting: Name: Address: Phone: Fax: TTY: Email: Other: Date: May 22, 2019 Signature: Name: Scott Bird Title: Rules Coordinator Page 4 of 4 AMENDATORY SECTION (Amending WSR 18-18-078, filed 9/4/18, effective 10/5/18) WAC 220-301-030 Puget Sound salmon management and catch report- ing areas. (1) Area 4B shall include those waters of Puget Sound easterly of a line projected from ((the Carmanah Point Light (Light List No. 16140 Fl.5s182ft19M, 48°36'42.4"N, 124°45'04.8"W))) Bonilla Point (48°35'43.5"N, 124°42'59.7"W) on Vancouver Island to the Cape Flattery Light on Tatoosh Island (Light List No. 16145 Fl(2)20s112ft 14M, 48°23'31.2"N, 124°44'12.9"W), thence to the most westerly point on Cape Flattery (48°22'52.1"N, 124°43'54.3"W) and westerly of a line projected true north from the fishing boundary marker at the mouth of the Sekiu River (48°17'16.1"N, 124°23'43.4"W). (2) Area 5 shall include those waters of Puget Sound easterly of a line projected true north from the fishing boundary marker at the mouth of the Sekiu River (48°17'16.1"N, 124°23'43.4"W) and westerly of a line projected true north from Low Point (48°09'38.9"N, 123°49'36.5"W). (3) Area 6 shall include those waters of Puget Sound easterly of a line projected from the Angeles Point (48°09'03.3"N, 123°33'11.6"W) to the Race Rock Light (Light List No. 16225 FlW10s118ft19M, 48°17'52.9"N, 123°31'53.1"W), northerly of a line projected from the New Dungeness Light (Light List No. 16335 FlW5s67ft18M, 48°10'54.3"N, 123°06'36.9"W) to the Point Partridge Light (Light List No. 16400 FlW5s105ft13M, 48°13'28.8"N, 122°46'09.9"W), westerly of a line pro- jected from the Point Partridge Light (Light List No. 16400 Fl.W5s105ft13M, 48°13'28.8"N, 122°46'09.9"W) to the Smith Island Light (Light List No. 16375 Fl10s97ft.14M, 48°19'14.4"N, 122°49'51.4"W), and southerly of a line projected from the Smith Island Light (Light List No. 16375 Fl.10s97ft.14M, 48°19'14.4"N, 122°49'51.4"W) to Rosario Strait traffic separation lane entrance lighted Buoy R (Light List No. 16340 FlY25s6M"RA," 48°16'25.3"N, 123°06'34.6"W) to the Trial Island Light (Light List No. 16265 FlG5s93ft13M, 48°23'42.3"N, 123°18'18.6"W). (4) Area 6A shall include those waters of Puget Sound easterly of a line projected from the Point Partridge Light (Light List No. 16400 FlW5s105ft13M, 48°13'28.8"N, 122°46'09.9"W) to the Smith Island Light (Light List No. 16375 Fl10s97ft14M, 48°19'14.4"N, 122°49'51.4"W) to the northeasterly of the Lawson Reef Junction Lighted Bell Buoy (Light List No. 19320 RGFl(2+1)R6sBell, 48°24'03.3"N, 122°42'57.7"W) to the Initiative 77 marker on Fidalgo Island (48°25'14.2"N, 122°40'04.5"W) and westerly of a line projected from Reservation Head on Fidalgo Is- land (48°28'41.8"N, 122°39'28.1"W) to West Point on Whidbey Island (48°24'08.4"N, 122°39'46.1"W).
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