WSR 99-22-053

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed November 1, 1999, 10:08 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-17-016.

Title of Rule: Sea urchin/cucumber dive fisheries license bill implementation (E2SSB 5658).

Purpose: To bring WAC 220-52-071 and 220-52-073 into agreement with SB 5658, which allows license "stacking" in the sea urchin and sea cucumber dive fisheries

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: Allow two divers to fish at the same time from a sea urchin or sea cucumber vessel if the same vessel has been designated on both sea urchin or sea cucumber licenses.

Reasons Supporting Proposal: This rule change implements the provisions provided by E2SSB 5658.

Name of Agency Personnel Responsible for Drafting: Morris Barker, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2826; Implementation: Lew Atkins, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2325; and Enforcement: Bruce Bjork, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2373.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: Rule will allow two divers to be in the water at the same time while fishing for sea urchins or sea cucumbers if the vessel is designated on two sea urchin or sea cucumber licenses. This rule change makes WAC 220-52-071 and 220-52-073 consistent with license provisions of SB 5658, which permits such license "stacking."

Proposal Changes the Following Existing Rules: Amends WAC 220-52-071 and 220-52-073 to allow license holders who have designated the same vessel on two sea urchin or sea cucumber licenses to have two divers in the water at the same time from their vessel while fishing for these species.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

1. Description of the Reporting, Recordkeeping, and Other Compliance Requirements of the Proposed Rule: None required.

2. Kinds of Professional Services That a Small Business Is Likely to Need in Order to Comply with Such Requirements: None required.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: No costs required, should reduce costs if the option is exercised by the licensed fishers.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No.

5. Cost of Compliance for the 10% of Businesses That Are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs: Cost per employee; cost per hour of labor; or cost per one hundred dollars of sales: No costs will be incurred.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing so: No steps taken as no costs will be incurred.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: A public hearing will be held in conjunction with the Fish and Wildlife Commission rule adoption process.

8. A List of Industries That Will Be Required to Comply with the Rule: The rule is optional and all licensed sea urchin and sea cucumber fishers are eligible to participate.

A copy of the statement may be obtained by writing to Morris Barker, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2926, fax (360) 902-2944.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These rules are not hydraulic rules.

Hearing Location: Double Tree Hotel at the Quay, 100 Columbia Street, Vancouver, WA, on December 10-11, 1999, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by November 23, 1999, TDD (360) 902-2207, or (360) 902-2226.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2944, by December 9, 1999.

Date of Intended Adoption: December 10, 1999.

November 1, 1999

Evan Jacoby

Rules Coordinator

OTS-3554.1


AMENDATORY SECTION(Amending Order 99-126, filed 8/13/99, effective 9/13/99)

WAC 220-52-071
Sea cucumbers.

It is unlawful to take or possess sea cucumbers taken for commercial purposes except as provided for in this section.

(1) Sea cucumber districts:

(a) Sea Cucumber District 1 is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, and 23B outside of the following closed areas:

(i) San Juan Channel and Upright Channel within the following lines: North of a line from Cattle Point on San Juan Island to Davis Point on Lopez Island and south of a line projected from Flat Point on Lopez Island true west to Shaw Island; west of a line from Neck Point on Shaw Island to Steep Point on Orcas Island; south of a line from Steep Point on Orcas Island to Limestone Point on San Juan Island.

(ii) Haro Strait north of a line projected east-west one-half mile south of Eagle Point on San Juan Island and south of a line projected east-west one-quarter mile north of Lime Kiln Light on San Juan Island.

(iii) Within one-quarter mile of Green Point on Spieden Island.

(iv) Within one-quarter mile of Gull Reef, located between Spieden Island and Johns Island.

(b) Sea Cucumber District 2 is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23C, 23D, 25A, 25B, 25C, 25D, 25E, 29 and those waters west of the Bonilla-Tatoosh Line, Pacific Ocean waters, Grays Harbor, Willapa Bay, and the waters at the mouth of the Columbia River west of the Buoy 10 Line.

(c) Sea Cucumber District 3 is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, 26A, 26B, 26C, and 26D.

(d) Sea Cucumber District 4 is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 27A, 27B, 27C, 28A, 28B, 28C, and 28D.

(2) Sea cucumber areas and seasons:

Sea cucumber areas and seasons will be set by emergency rule.

(3) Shellfish diver gear:

(a) Divers operating from a vessel must have a number assigned by the department placed on both sides and the top of the vessel in such a manner that the number is clearly visible when the vessel is viewed from either side or from the air, and the letters must be black on white no less than eighteen inches in height and of proportional width.

(b) Only one diver from each harvesting vessel is allowed in the water at any one time during the sea cucumber harvest operation or when commercial quantities of sea cucumbers are aboard except that two divers may be in the water if the vessel has been designated on two sea cucumber dive fishery licenses.

(c) Divers may not fish for or possess geoduck clams during commercial sea cucumber harvesting operations, or possess geoduck clams on a vessel that has sea cucumbers on board.

(d) Licensing: A sea cucumber dive fishery license is the license required to operate the gear provided for in this section.

(4) Trawl gear:

It is unlawful to fish for or possess sea cucumbers taken with trawl gear.

[Statutory Authority: RCW 75.08.080.  99-17-068 (Order 99-126), 220-52-071, filed 8/13/99, effective 9/13/99; 94-12-009 (Order 94-23), 220-52-071, filed 5/19/94, effective 6/19/94; 93-15-051, 220-52-071, filed 7/14/93, effective 8/14/93; 91-18-030 (Order 91-73), 220-52-071, filed 8/28/91, effective 9/28/91; 91-10-024 (Order 91-22), 220-52-071, filed 4/23/91, effective 5/24/91; 87-23-006 (Order 87-187), 220-52-071, filed 11/6/87; 87-15-022 (Order 87-69), 220-52-071, filed 7/8/87; 87-02-013 (Order 86-199), 220-52-071, filed 12/30/86; 81-11-006 (Order 81-31), 220-52-071, filed 5/11/81; 79-02-053 (Order 79-6), 220-52-071, filed 1/30/79; Order 77-145, 220-52-071, filed 12/13/77; Order 77-65, 220-52-071, filed 8/5/77; Order 1105, 220-52-071, filed 12/28/73; Order 990, 220-52-071, filed 5/11/72.]


AMENDATORY SECTION(Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-52-073
Sea urchins.

It is unlawful to take or possess sea urchins taken for commercial purposes except as provided for in this section.

(1) Sea urchin districts:

(a) Sea Urchin District 1 (Northern San Juan Islands) is defined as Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, and those waters of Area 22A north of a line projected east-west one-quarter mile north of Lime Kiln Light on San Juan Island and west of a line projected true north from Limestone Point on San Juan Island.  The following areas within Sea Urchin District 1 are closed to the harvest of sea urchins at all times:

(i) Those waters within one-quarter mile of Green Point on Spieden Island.

(ii) Those waters within one-quarter mile of Gull Reef, located between Spieden and Johns Island.

(b) Sea Urchin District 2 (Southern San Juan Islands and Port Townsend) is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A south of a line projected east-west one-quarter mile north of Lime Kiln Light on San Juan Island and east of a line projected true north from Limestone Point on San Juan Island and Areas 21A, 21B, 22B, 23B and 25A.  The following areas within Sea Urchin District 2 are closed to the harvest of sea urchins at all times:

(i) Those waters of Haro Strait north of a line projected east-west one-half mile south of Eagle Point on San Juan Island and south of a line projected east-west one-quarter mile north of Lime Kiln Light on San Juan Island.

(ii) Those waters of San Juan Channel and Upright Channel within the following lines: North of a line from Cattle Point on San Juan Island to Davis Point on Lopez Island; south of a line projected from Flat Point on Lopez Island true west to Shaw Island; west of a line from Neck Point on Shaw Island to Steep Point on Orcas Island; south of a line from Steep Point on Orcas Island to Limestone Point on San Juan Island.

(c) Sea Urchin District 3 (Port Angeles) is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Area 23C east of a line projected true north from Low Point, and Area 23D.

(d) Sea Urchin District 4 (Sekiu) is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Area 23C west of a line projected true north from Low Point and those waters of Area 29 east of a line projected true north from the mouth of Rasmussen Creek (3.1 miles southeast of Sail Rock).

(e) Sea Urchin District 5 is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Area 29 west of a line projected true north from the mouth of Rasmussen Creek (3.1 miles southeast of Sail Rock) and Areas 59A and 59B.  Within Sea Urchin District 5, waters within one-quarter mile of Tatoosh Island are closed to the harvest of sea urchins at all times.

(2) Sea urchin seasons and sizes:

Sea urchin seasons and sizes will be set by emergency rule.

(3) Shellfish diver gear:

(a) It is unlawful to take sea urchins by any means other than shellfish diver gear.

(b) Divers may only use hand-operated equipment that does not penetrate the shell.

(c) Sea urchins may not be taken from water shallower than 10 feet below mean lower low water.

(d) Purple sea urchins may not be taken.

(e) Divers operating from a vessel must have a number assigned by the department, placed on both sides and the top of the vessel in such a manner that the number is clearly visible when the vessel is viewed from either side or from the air and the number must be black on white no less than 18 inches high and of proportionate width.

(f) Divers may not take sea urchins from one-half hour after sunset to one-half hour before sunrise.

(g) No processing of sea urchins is permitted aboard the harvest vessel.

(h) Divers may not take sea urchins for use other than as human food.

(i) Only one diver from each harvesting vessel is allowed in the water at any one time during the sea urchin harvesting operation or when commercial quantities of sea urchins are aboard except that two divers may be in the water if the vessel has been designated on two sea urchin dive fishery licenses.

(j) Variance from any of the provisions of this subsection is only allowed if authorized by a permit issued by the director.

(k) Licensing: A sea urchin dive fishery license is the license required to operate the gear provided for in this section.

[Statutory Authority: RCW 75.08.080.  94-12-009 (Order 94-23), 220-52-073, filed 5/19/94, effective 6/19/94; 91-22-064 (Order 91-132), 220-52-073, filed 11/1/91, effective 12/2/91; 91-10-024 (Order 91-22), 220-52-073, filed 4/23/91, effective 5/24/91; 87-23-006 (Order 87-187), 220-52-073, filed 11/6/87; 87-15-022 (Order 87-69), 220-52-073, filed 7/8/87; 86-20-028 (Order 86-123), 220-52-073, filed 9/23/86; 85-01-010 (Order 84-214), 220-52-073, filed 12/7/84; 83-04-025 (Order 83-04), 220-52-073, filed 1/27/83; 80-13-064 (Order 80-123), 220-52-073, filed 9/17/80; 79-02-053 (Order 79-6), 220-52-073, filed 1/30/79; Order 77-145, 220-52-073, filed 12/13/77; Order 76-152, 220-52-073, filed 12/17/76; Order 1105, 220-52-073, filed 12/28/73; Order 990, 220-52-073, filed 5/11/72.]

Washington State Code Reviser's Office