Tami,
Thank you for spelling out the process. However, I am not asking that the department "advocate my particular interest". I am asking that the public be made aware of all non-emergency rule changes that are being considered. The public was not made aware that the bag limit on Cabezon was to be changed from 2 to 1, and has not been made aware that the bag limit change is to be reviewed.
I understand that the Commission is in no way bound to public interests and opinion, nor should they be. But cutting the public out of the process is bad policy for a government institution. Why have a public commenting provision if it is only utilized at the whim of the agency? Why does RCW 34.05.340 even exist? The public needs to be informed of the decisions that are on the table, and the Commission listens to the public to get a broader view of the issue.
I understand that I can make comments regarding rule changes at any time. But I am just one person. I only know the the bag limit is being reviewed because you told me (and only me). Once again, the problem is that the public will not comment on proposed rule changes that they are not made aware of. If public comment is not solicited, it will not be received. The Commission will not avail of a broader view on the change that the public could offer.
Since Commissioner Jennings has come on board, he has pursued rule changes in a very suspect manner. With very little regard for procedure. Myself and many others have serious questions about how the Commission, the Department and even how the State government can allow this to continue.
Rory O'Connor
On 5/16/13 3:08 PM, Lininger, Tami L (DFW) wrote:
> Hi Mr. O'Connor - sorry for the delay in responding. Here's a little further clarification on the rule-making process.
>
> In its simplest form, the rule-making process, (RCW 34.05) consists of three steps. First, an agency proposes a new or amended rule; in the Department's case, that consists of a staff recommendation as to what the staff would like to see as a new rule. The proposed rule is published in the Washington Register. At the proposed rule stage, an agency is not required to propose rules addressing all other known citizen interests or points of view.
>
> The second step is the public commenting provision. The publishing of a proposed rule triggers a public commenting opportunity. Public comments may be provided in writing and the agency must also hold an oral public hearing. The Code Reviser form CR-102 related to the proposed rule provides details about the commenting opportunity including the deadline for written comments, and the date, time, and place of the public hearing.
>
> The third stage is the rule adoption stage. In the Department's case, for most sports fishing rules, the Fish and Wildlife Commission takes the final rule adoption action. Prior to taking action on a proposed rule, the adopting authority is to review and consider the public comments, either in whole or in summary. In the F&W Commission's case, it usually holds the oral public hearing, so it hears that part of the public comment directly. The F&W Commission receives a number of written public comments directly, and receives a summary, written or oral, of the additional public comments the Department staff have received.
>
> Having been briefed by staff on their recommendations, and having considered the public comments, the Commission may take action on the proposed rule. The Commission may adopt it in total, may reject it (take no action) or may modify the proposed rule. On many occasions, the Commission makes modifications to a proposed rule based on public testimony.
>
> As this applies to the rule-making on cabezon, the Department staff have filed a proposed rule consisting of their recommendations. Staff recommendations may not address all of the existing sports fishing regulations on fishing for cabezon and may not include elements you desire. The same is likely true for the major sports fishing rule adoption that concluded a couple of months ago. The staff proposal is not required to contain every interest expressed by a member of the public. However, during the public commenting process, members of the public may express to the F&W Commission their view on the staff proposal, including other elements of the same subject matter. The Commission, after considering all of the information, may take action, adopting a rule that includes modifying the staff proposal or addressing other elements related to the same subject matter.
>
> In conclusion, the Department, in proposing a rule is not required to advocate your particular interest. You may and should provide your views to the Commission during the public input process, and the Commission will consider all of the provided information when it determines what if any action to take in adopting, amending or rejecting the proposed rule.
>
> Tami Lininger, Executive Assistant
> Washington Fish & Wildlife Commission
> 600 Capitol Way N, Olympia WA 98501-1091
> Phone: (360) 902-2267
> Email: commission@dfw.wa.gov or
> WEB:
http://www.wdfw.wa.gov/commission>
>
> -----Original Message-----
> From: Rory O'Connor [mailto:]
> Sent: Wednesday, May 08, 2013 9:32 AM
> To: Lininger, Tami L (DFW)
> Cc: Director (DFW)
> Subject: Re: Petition related to Cabezon Rule Change #65
>
> Tami,
>
> I appreciate the response spelling out the process. But my question still remains, how is the public to know that the bag limit is on the table? I haven't see anything in writing (other than this email thread) stating that the bag limit is under review by the commission. The public got short-cutted the first time around on this change and it seems we will be again. Why have there been no press releases about it and why can't this page be updated to reflect the bag limit topic?
>
http://wdfw.wa.gov/fishing/regulations/cabezon/. You won't get any comments for something the public is not aware of.
>
> Rory
>
> On 5/8/13 7:37 AM, Lininger, Tami L (DFW) wrote:
>> Mr. O'Connor -
>>
>> On March 15, 2013 the Fish and Wildlife Commission approved amendments to rules adopted March 1:
>>
>> The fishing season for cabezon in Marine Area 4 will be open year-round, while the season in marine areas 5-11 and 13 will be open May 1-Nov. 30. The previously adopted rule would have reduced the fishing season for cabezon in all those areas to May 1 through June 15. The commission also directed the department to initiate a separate rule process to seek public comments and allow for further commission discussion on restricting the cabezon season to May 1 through June 15 in those areas.
>>
>> The commission did, however, keep a new rule that will reduce the daily catch limit of cabezon to one fish in those marine areas and prohibit the retention of cabezon measuring less than 18 inches in length.
>>
>> The Commission will be seeking public comments on (WAC 220-56-235) restricting the cabezon season at the June 7-8 Commission meeting in Olympia Washington. The regulation pertaining to the daily limit for cabezon is also in this WAC. While the Commission took action March 15th regarding the daily limit for cabezon in Puget Sound, you can provide comment both in writing at
http://wdfw.wa.gov/fishing/regulations/cabezon/ and at the June Commission meeting regarding the daily limit for cabezon in Puget Sound. It is within the scope of the current rulemaking to amend the regulation regarding the daily limit for cabezon.
>>
>> Tami Lininger, Executive Assistant
>> Washington Fish & Wildlife Commission
>> 600 Capitol Way N, Olympia WA 98501-1091
>> Phone: (360) 902-2267
>> Email: commission@dfw.wa.gov or
>> WEB:
http://www.wdfw.wa.gov/commission>>
>>
>> -----Original Message-----
>> From: Rory O'Connor [mailto:]
>> Sent: Monday, May 06, 2013 10:55 AM
>> To: Lininger, Tami L (DFW)
>> Cc: Preuss, Lori (DFW)
>> Subject: Re: Petition related to Cabezon Rule Change #65
>>
>> Shouldn't the fact that the bag limit is being discussed be mentioned to the public on this page?
>>
http://wdfw.wa.gov/fishing/regulations/cabezon/ The public won't comment on something they don't know is on the table.
>>
>> On 5/6/13 10:12 AM, Lininger, Tami L (DFW) wrote:
>>> Mr. O'Connor, the rule that is open and will come before the Commission during the June 7-8 meeting does also address the bag limit. Whether or not the department recommends the issue to the Commission is beside the point. It is still part of the open rule that will be heard and discussed at the meeting. At this point there is no need to refile your petition.
>>>
>>> Tami Lininger, Executive Assistant
>>> Washington Fish & Wildlife Commission
>>> 600 Capitol Way N, Olympia WA 98501-1091
>>> Phone: (360) 902-2267
>>> Email: commission@dfw.wa.gov or
>>> WEB:
http://www.wdfw.wa.gov/commission>>>
>>> -----Original Message-----
>>> From: Rory O'Connor [mailto:]
>>> Sent: Monday, May 06, 2013 9:55 AM
>>> To: Preuss, Lori (DFW)
>>> Cc: Lininger, Tami L (DFW); Director (DFW)
>>> Subject: Re: Petition related to Cabezon Rule Change #65
>>>
>>> The bag limit change does not appear to even be on the table at this point. If it is, and the public is invited to comment on it then it should be mentioned on this page:
>>>
>>>
http://wdfw.wa.gov/fishing/regulations/cabezon/>>>
>>> If you like, I can re-submit the petition mentioning only that the bag limit change needs to be reviewed. Please let me know.
>>>
>>> Thanks,
>>> Rory
>>>
>>> On 5/6/13 9:27 AM, Preuss, Lori (DFW) wrote:
>>>> Hi, Rory. If the commission decides not to adopt a rule that matches what's in the pamphlet, then we'll supersede the pamphlet info with an emergency rule. The public can submit written comments on the rule through May 31. The public also can comment at the June 7-8 commission meeting. Here's the location of the meeting:
>>>> Natural Resources Building, Room 172
>>>> 1111 Washington St., SE
>>>> Olympia, WA 98504
>>>>
>>>> Lori Preuss, WSBA #33045
>>>> WDFW Criminal Justice Liaison
>>>> & Rules Coordinator
>>>> 600 Capitol Way North
>>>> Olympia, WA 98501-1091
>>>> Phone: (360) 902-2930
>>>> Fax: (360) 902-2155
>>>>
>>>>
>>>> CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain confidential information that is legally privileged and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify this office by telephone at (360) 902-2930, and immediately return this message to the Washington Department of Fish and Wildlife.
>>>>
>>>>
>>>> -----Original Message-----
>>>> From: Rory O'Connor [mailto:]
>>>> Sent: Monday, May 06, 2013 9:23 AM
>>>> To: Preuss, Lori (DFW)
>>>> Cc: Lininger, Tami L (DFW); Director (DFW)
>>>> Subject: Re: Petition related to Cabezon Rule Change #65
>>>>
>>>> Lori,
>>>>
>>>> OK, thanks for the link. I see the CR-102 Supplemental. But my point is that the reduction of the bag limit from 2 to 1 has already been enacted (page 3 of the current regulations pamphlet) and the public was never given the opportunity to comment on it. Which is why I am requesting that my original petition be considered.
>>>>
>>>> Please let me know the next steps.
>>>>
>>>> Thanks,
>>>> Rory O'Connor
>>>>
>>>> On 5/6/13 8:29 AM, Preuss, Lori (DFW) wrote:
>>>>> Hi, Rory. Use this link,
http://wdfw.wa.gov/about/regulations/development.html#12-18-008, and click on "2013 Recreational Fishing Rules." You'll see the link to the CR-102 Supplemental under that item.
>>>>>
>>>>> Lori Preuss, WSBA #33045
>>>>> WDFW Criminal Justice Liaison
>>>>> & Rules Coordinator
>>>>> 600 Capitol Way North
>>>>> Olympia, WA 98501-1091
>>>>> Phone: (360) 902-2930
>>>>> Fax: (360) 902-2155
>>>>>
>>>>>
>>>>> CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain confidential information that is legally privileged and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify this office by telephone at (360) 902-2930, and immediately return this message to the Washington Department of Fish and Wildlife.
>>>>>
>>>>> -----Original Message-----
>>>>> From: Rory O'Connor [mailto:]
>>>>> Sent: Saturday, May 04, 2013 10:48 AM
>>>>> To: Preuss, Lori (DFW)
>>>>> Cc: Lininger, Tami L (DFW); Director (DFW)
>>>>> Subject: Re: Petition related to Cabezon Rule Change #65
>>>>>
>>>>> Do you have a link the the CR-102 supplemental?
>>>>>
>>>>> On 4/24/13 1:36 PM, Preuss, Lori (DFW) wrote:
>>>>>> Hi, Rory. The department is going to be filing a CR-102 Supplemental to cover the change to the cabezon rule. The commission will have another public hearing on the rule after that. The date, time, and location of the hearing will be listed in the CR-102 Supplemental. I think the goal is to file the CR-102 Supplemental next Wednesday, May 1.
>>>>>>
>>>>>> -----Original Message-----
>>>>>> From: Rory O'Connor [mailto:]
>>>>>> Sent: Tuesday, April 23, 2013 3:45 PM
>>>>>> To: Lininger, Tami L (DFW)
>>>>>> Cc: Preuss, Lori (DFW); Director (DFW)
>>>>>> Subject: Petition related to Cabezon Rule Change #65
>>>>>>
>>>>>> Tami,
>>>>>>
>>>>>> In response to your letter (attached) notifying me of the denial of my petition, I would like to ask that the petition still be considered by the Commission.
>>>>>>
>>>>>> During the March 1 meeting in Moses Lake, the Commission adopted three restrictions regarding Cabezon:
>>>>>>
>>>>>> 1. 18 inch minimum
>>>>>> 2. Reduction of bag limit from two to one 3. Reduction of season to 45 days.
>>>>>>
>>>>>> #2 and #3 were not included in the CR-102 language presented to the public.
>>>>>>
>>>>>> During the conference call on March 15th, the Commission voted to overturn #3 (because of the short-cutting of public comment) but left #2 in place.
>>>>>>
>>>>>> The petition still needs to be considered because one rule (#2 above) was enacted without having been part of the original CR-102 language.
>>>>>>
>>>>>> The Administrative Procedure Act RCW 34.05.340 specifically addresses this, "Variance between proposed and final rule."
>>>>>>
>>>>>> Additionally, WDFW and/or the Commission needs to provide clear and concise evidence as to why these additional restrictions (both the bag limit and the season restriction, which is back on the table) are being considered, and how the impact of each restriction is to be measured when three are enacted at once.
>>>>>>
>>>>>> I have requested documents and found no clear information that supports such vast changes. And in the March 15 meeting Chair Wecker even remarks that the data are conflicting and unclear.
>>>>>>
>>>>>> I have re-attached a copy of the petition. Please let me know the next steps.
>>>>>>
>>>>>> Thanks,
>>>>>> Rory O'Connor
>>>>>>
>>>>>
>>>>
>>>
>>
>