WSR 99-22-067

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed November 1, 1999, 4:00 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-17-013.

Title of Rule: Modifications to harvest log requirements for sea urchin, sea cucumbers, and Puget Sound shrimp fishers.

Purpose: Amendments to WAC 220-52-075.

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: Requires fishers entry of latitude and longitude of each sea urchin, sea cucumber and Puget Sound shrimp harvest site. Requires Puget Sound shrimp fishers to hail catches by telephone before landing the catch.

Reasons Supporting Proposal: This proposal would establish rules previously implemented by emergency order during the 1999 Puget Sound shrimp season. The new rules are necessary to provide more specific harvest location information needed for effective management and enforcement.

Name of Agency Personnel Responsible for Drafting: Jay Odell, 1000 Point Whitney Road, Brinnon, WA 98320, (360) 796-4601; 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: The rule changes will require commercial harvesters of sea urchins, sea cucumbers, and Puget Sound shrimp to record harvest data and latitude/longitude for each harvest site before proceeding to the next harvest location. Current rules only require fishers to record the Marine Fish and Shellfish Catch and Reporting (MFSF) Areas where catch was taken before leaving the MFSF area. These areas are relatively large and state/tribal management plans and regulations frequently establish harvest provisions for small portions of the MFSF area. The multispecies/trip limit approach to Puget Sound shrimp management desired by the fishers can only be successfully implemented with more stringent catch reporting requirements in order to stay within the bounds of the allowed harvest by area. The proposed rule changes include several provisions for more detailed shrimp catch reporting, including the requirement for fishers to hail their total daily catches by telephone before landing shrimp. These rules will provide additional flexibility and harvest opportunity to the fishers while providing a greater degree of management accuracy.

Proposal does not change existing rules. Amends WAC 220-52-075.

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: The proposed rule modifies recordkeeping requirements for commercial harvesters of Puget Sound shrimp, sea urchins, and sea cucumbers. Fishers would be required to enter the latitude and longitude of harvest sites in place of the current requirement to enter catch area codes.

2. Kinds of Professional Services That a Small Business Is Likely to Need in Order to Comply with Such Requirements: Puget Sound shrimp fishers may need to use a cellular phone service provider to comply with proposed catch hailing requirements.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: Most fishers use electronic navigation devices which can indicate latitude and longitude. Fishers not possessing these devices may manually plot their positions or may choose to purchase electronic navigation equipment which can be obtained for as little as $125.

The proposed rule would also require Puget Sound shrimp fishers to "hail" their catch by telephone before leaving the last harvest site each day fished. Only one call per day would be required and each call can be made in less than one minute. Some fishers may need to purchase cellular phones and/or service to comply. Costs range widely depending on options purchased; a minimal plan with a $0.4 per minute charge can be obtained for about $8 [per] month and other plans offer 300-1000 "free" minutes from $20 to $80 per month. Some providers offer free or inexpensive cellular phones and cost of basic phones with some provider's plans range from about $50 to $150.

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: The largest 10% of shrimp fishing businesses affected by this rule already possess cellular phones and navigation equipment so financial impacts are expected to be minimal.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: The increased reporting requirements for Puget Sound shrimp fishers were established by emergency regulation during the 1999 fishing season with industry consultation. The rule changes helped to enable fisher trip limits, multispecies quotas, and longer seasons; most fishers considered any burden of the rule changes to be offset by increased harvest opportunity.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The proposed regulation was developed in consultation with a shrimp fishery advisory group comprised of Puget Sound commercial shrimp pot and shrimp trawl fishers. A public hearing will be held and notification of the proposed change will be made in the Fish and Wildlife Commission published agenda.

8. A List of Industries That Will Be Required to Comply with the Rule: All Puget Sound limited entry shrimp (hailing and logbook requirements), sea cucumber, and sea urchin fishers (logbook requirements only) will be required to comply.

A copy of the statement may be obtained by writing to Morris Barker, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2826, 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 97-55, filed 3/31/97, effective 5/1/97)

WAC 220-52-075
Shellfish harvest logs.

It is unlawful for any vessel operator engaged in commercial crawfish, sea cucumber, sea urchin, scallop, shrimp other than ocean pink shrimp, squid, octopus, or sand shrimp fishing or operator of mechanical clam digging device to fail to obtain and accurately maintain the appropriate harvest log available from the Washington department of fish and wildlife.  The harvest log must be kept aboard the vessel while the vessel is engaged in harvest or has crawfish, sea cucumbers, sea urchins, shrimp other than ocean pink shrimp, squid, octopus, scallops, clams, or sand shrimp aboard.  The vessel operator must submit the harvest logs for inspection upon request by authorized department of fish and wildlife representatives.  The department's copies of the completed harvest log must be submitted to the department for each calendar month in which fishing activity occurs.  State copies must be received within ten days following any calendar month in which fishing activity occurred, except that commercial sea cucumber harvest logs must be received for each month of the season provided for in WAC 220-52-072 regardless of whether harvest activity occurred during the month, and all shellfish harvesters must submit a log that must be received by the tenth day following the termination of commercial fishing activity showing that shellfish harvest has terminated for the year.

(1) Vessel operators engaged in commercial harvest of shrimp other than Puget Sound shrimp or sand shrimp or crawfish with shellfish pot or ring net gear must record the vessel Washington department of fish and wildlife boat registration number, number of pots or ring nets pulled, date pulled, soak time, and gear location before leaving the catch area where taken, and weights must be recorded upon landing or sale.  ((In addition, vessel operators engaged in commercial harvest of shrimp in Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas 27A, 27B, or 27C (Hood Canal) must record the total number of pots they have in the water and the total number of buoys attached to those pots, and the department's copy of the completed harvest log must be submitted weekly, postmarked no later than Friday and showing harvest activity for the period Thursday of the week previous to submission through Wednesday of the week the harvest log is submitted.))

(2) Vessel operators engaged in commercial harvest of shrimp other than ocean pink shrimp with beam trawl or shrimp trawl gear must record the vessel identity, date, location fished, trawl width, Marine Fish-Shellfish Management and Catch Reporting Area, depth fished, latitude and longitude to the nearest tenth of a minute or to the nearest second at the beginning and end of each tow, tow speed, duration of tow and estimated weight of shrimp of each species caught for each tow before leaving the site where the catch ((area where)) was taken or before commencing a new tow, whichever occurs first.

It shall be unlawful to fail to permanently record this information into the department-supplied harvest log before leaving each catch site. Harvest logs must be maintained and submitted in ascending consecutive order of harvest log serial numbers. Harvest logs must be submitted for each month in which fishing activity occurs and must be received by the department within ten days following any month in which fishing occurs. The fish receiving ticket serial number must be recorded onto the harvest log at the time of sale, or before leaving the last catch site of the day if the vessel operator holds a wholesale dealer license and is the original receiver of the catch.

(3) Vessel operators engaged in commercial harvest of sea urchins or sea cucumbers must record the vessel identity, date, location fished, depth fished, latitude and longitude to the nearest tenth of a minute or to the nearest second, and the approximate number of sea urchins or sea cucumbers taken before leaving the ((catch area)) site where taken and the exact weight must be recorded upon landing or sale.

(4) Vessel operators engaged in commercial harvest of clams with mechanical digging devices must record the vessel identity, location, and date of harvest before the end of each day's fishing and the weights by clam species must be recorded upon landing or sale.

(5) Vessel operators engaged in commercial harvest of scallops must record the vessel identity, date, location, and duration of harvest and estimated weight of scallops caught for each tow or dive hour before leaving the catch area where taken.

(6) Vessel operators engaged in commercial harvest of squid, except when taken incidental to any other lawful fishery, must record before leaving the Marine Fish-Shellfish Management and Catch Reporting Area where taken, the vessel department of fish and wildlife boat registration number, gear type, catch area, starting and ending time of fishing, and numbers of other species caught and returned.  Weights of squid must be recorded on landing or sale.

(7) Vessel operators engaged in commercial harvest of octopus, except when taken incidental to any other lawful fishery, must record before leaving the Marine Fish-Shellfish Management and Catch Reporting Area where taken, the vessel department of fish and wildlife boat registration number, gear type and amount, catch area and hours fished.  Weights of octopus must be recorded on landing or sale.

(8) Vessel operators engaged in commercial harvest of sand shrimp, except when taken incidental to any other lawful fishery, must record the location or identification number of the harvest tract, date of harvest, number of trenches pumped, average length and width of trenches (yards), total number of sand shrimp retained (dozens), total number of sand shrimp sold (dozens), and the name of the sand shrimp buyer.

(9) Vessel operators engaged in commercial harvest of shrimp (other than sand shrimp) using shellfish pot gear in Puget Sound must record the vessel's Washington department of fish and wildlife boat registration number, number of pots pulled, soak time, gear location (including latitude and longitude to the nearest tenth of a minute or to the nearest second), and weight(s) of catch before leaving the site where catch is taken. A separate weight for each species caught and retained must be recorded. When single pots are fished an entry is required for each pot site. When two or more pots are fished on a common ground line the catch site must be recorded at the location of the last pot on the ground line that is pulled. It shall be unlawful to fail to permanently record this information into the department-supplied harvest log before leaving each catch site. Harvest logs must be maintained and submitted in ascending consecutive order of harvest log serial numbers. Harvest logs must be submitted for each month in which fishing activity occurs and must be received by the department within ten days following any month in which fishing occurs. The fish receiving ticket serial number must be recorded onto the harvest log at the time of sale, or before leaving the last catch site of the day if the vessel operator holds a wholesale dealer license and is the original receiver of the catch. Vessel operators engaged in commercial harvest of shrimp from Puget Sound with shellfish pot gear must report their daily catch by telephone before leaving the last catch site fished each day. For harvest in Crustacean Management Regions 1A, 1B, 1C, or 2, reports must be made to the voice recorder at the La Conner district office. For harvest in Crustacean Management Regions 3, 4, or 6, reports must be made to the voice recorder at the Point Whitney shellfish laboratory. All reports must specify the total number of pounds of each shrimp species in possession, number of pots fished, the Marine Fish-Shellfish Management and Catch Reporting Area where shrimp were harvested, and the port or name of vessel where the catch will be landed or sold. The fish receiving ticket reporting requirements of WAC 220-69-240 remain in effect.

[Statutory Authority: RCW 75.08.080.  97-08-052 (Order 97-55), 220-52-075, filed 3/31/97, effective 5/1/97; 94-12-009 (Order 94-23), 220-52-075, filed 5/19/94, effective 6/19/94; 93-15-051, 220-52-075, filed 7/14/93, effective 8/14/93; 91-10-024 (Order 91-22), 220-52-075, filed 4/23/91, effective 5/24/91; 87-15-022 (Order 87-69), 220-52-075, filed 7/8/87; 87-02-013 (Order 86-199), 220-52-075, filed 12/30/86; 84-08-014 (Order 84-24), 220-52-075, filed 3/27/84; 83-09-014 (Order 83-24), 220-52-075, filed 4/12/83; 82-03-045 (Order 82-6), 220-52-075, filed 1/19/82; 81-11-006 (Order 81-31), 220-52-075, filed 5/11/81; 80-13-064 (Order 80-123), 220-52-075, filed 9/17/80; 79-12-039 (Order 79-129), 220-52-075, filed 11/20/79; 79-02-053 (Order 79-6), 220-52-075, filed 1/30/79.]

Washington State Code Reviser's Office