WSR 99-22-096

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed November 2, 1999, 4:51 p.m. ]

Original Notice.

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

Title of Rule: Transfer of emerging commercial fisheries for Puget Sound shrimp to a limited entry fishery.

Purpose: To implement HB 2107 which moves the Puget Sound shrimp emerging commercial fishery to a limited entry fishery.

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: Removes the Puget Sound commercial shrimp fishery out from under the emerging commercial fisheries designation and puts it into a limited entry fishery as required by HB 2107. Adds such rules as needed to manage as a functional fishery.

Reasons Supporting Proposal: Legislative requirements to change operational frame work to a limited entry fishery. Adds such rules to meet needs of the evolved fishery under limited entry designation.

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: The rule change will move the Puget Sound commercial shrimp fishery under a limited entry fishery designation (HB 2107) from an emerging commercial fishery designation and amend such rules as necessary to manage the fishery under this designation. The anticipated effects is to have no significant effect on the fishers or the resource.

Proposal Changes the Following Existing Rules: Repeals all of chapter 220-88A WAC and shifts operating rules, with such amendments as required, to chapter 220-52 WAC. Included within the amendments will be season operation by emergency rule and a formatting of commercial catch areas to define shrimp management regions.

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: No new reporting, recordkeeping or compliance rules are proposed.

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 increased costs anticipated.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No, there will be no operational changes due to these rules.

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 compliance costs anticipated.

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

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: 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 fishers will be required to comply which will represent no significant change in the effect as the rules are primarily a shift in chapter designation due to legislation.

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 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 2, 1999

Evan Jacoby

Rules Coordinator

OTS-3546.2


AMENDATORY SECTION(Amending Order 94-14, filed 3/17/94, effective 4/17/94)

WAC 220-52-051
Shrimp fishery--Puget Sound.

((It is unlawful to fish for or possess shrimp taken for commercial purposes from Puget Sound except under the provisions of an experimental fishery permit issued with an emerging commercial fishery license.  See chapter 220-88A WAC for the qualifications and season, area and gear restrictions.)) (1) A Puget Sound shrimp pot license or a Puget Sound shrimp trawl license will only be issued to an individual who is a natural person, and this person shall be the primary operator.  The primary operator is required to operate the gear more than one-half of the season and make at least one-half of the landings, as established by valid fish receiving tickets. Holders of Puget Sound shrimp pot licenses and Puget Sound shrimp trawl licenses may designate a single alternate operator per license.  The alternate operator may operate the gear up to but not equaling one-half of the fishing effort of the vessel per season, and may make up to but not equaling one-half of the landings, as established by valid fish receiving tickets, except that the director may allow operation of the gear and sale of the shrimp by an alternate operator in excess of one-half of the fishing effort in the case of a bona fide medical emergency for which the primary operator has presented a physician's statement which includes the medical condition and expected date of recovery of the primary operator.  Notification of the medical emergency, presentation of the physician's statement, and obtaining a waiver from the director must be accomplished prior to the end of the season for which the license holder is seeking exception from the seasonal requirement that the primary operator perform more than one half of the fishing effort.

(2) The following areas are defined as Puget Sound Crustacean Management Regions:

(a) Crustacean Management Region 1A - (Western San Juan Islands). The portion of Marine Fish-Shellfish Management and Catch Reporting Area 20B west of a line from Point Doughty on Orcas Island to the bell buoy at the international boundary due north of Waldron Island, and the portion of Marine Fish-Shellfish Management and Catch Reporting Area 22A west of the following line: Beginning at Steep Point on Orcas Island to Neck Point on Shaw Island, then southerly following the west coast of Shaw Island to the southernmost point of Shaw Island, then to the western entrance to Fisherman's Bay on Lopez Island, then southerly and easterly following the west coast of Lopez Island to Point Colville.

(b) Crustacean Management Region 1B - (Eastern San Juan Islands). The portions of Marine Fish-Shellfish Management and Catch Reporting Areas 20B and 22A to the east of Crustacean Management Region 1A and the portion of Marine Fish-Shellfish Management and Catch Reporting Area 21A north and west of a line from the southern tip of Sinclair Island to Carter Point on Lummi Island.

(c) Crustacean Management Region 1C - (Gulf of Georgia/North Puget Sound Bays). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 21B, and 22B, and the portion of Marine Fish-Shellfish Management and Catch Reporting Area 21A outside of Crustacean Management Region 1B.

(d) Crustacean Management Region 2 - (Central Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, 25B, 25D, 25E, and 26A.

(e) Crustacean Management Region 3 - (Strait of Juan de Fuca). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 23C, 23D, 25A, and 29.

(f) Crustacean Management Region 4 - (Southern Central Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 26B, 26C, and 26D.

(g) Crustacean Management Region 5 - (Hood Canal). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 25C, 27A, 27B, and 27C.

(h) Crustacean Management Region 6 - (South Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 28A, 28B, 28C, and 28D.

(3) It is unlawful to fish for shrimp for commercial purposes in Puget Sound using shellfish pot gear except during seasons opened by emergency rule:

(a) Gear restrictions -

(i) In all areas, maximum 100 pots per fisher.

(ii) In all areas:

(A) Buoys must be orange in color and consist of durable material that will remain floating on the surface with five pounds attached; bleach or antifreeze bottles or other containers may not be used as floats.

(B) The line attaching the pot to the buoy must be weighted sufficiently to prevent the line from floating on the surface.

(C) The maximum perimeter of shrimp pots must not exceed ten feet and the maximum height must not exceed two feet.

(b) Spot shrimp size restriction: It is unlawful to retain spot shrimp taken by shellfish pot gear that have a carapace length less than 1 and 3/16 inches.  Carapace length is defined as the length between the posterior mid-dorsal margin to the posterior-most part of the eye-stalk orbit.

(4) It is unlawful to fish for shrimp for commercial purposes in Puget Sound using trawl gear except during seasons opened by emergency rule:

(a) Gear restrictions - Beam trawl gear only.  Otter trawl gear may not be used.

(i) Maximum beam width in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, and 22A is 25 feet.

(ii) Maximum beam width in Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 23C, 25A, 25B, and 29 is 60 feet.

(b) It is unlawful to retain spot shrimp.

[Statutory Authority: RCW 75.28.740 and 75.30.220.  94-07-092 (Order 94-14), 220-52-051, filed 3/17/94, effective 4/17/94.  Statutory Authority: RCW 75.08.080.  93-15-051, 220-52-051, filed 7/14/93, effective 8/14/93; 91-18-030 (Order 91-73), 220-52-051, filed 8/28/91, effective 9/28/91; 87-23-006 (Order 87-187), 220-52-051, filed 11/6/87.]

OTS-3549.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 220-88A-010 Emerging commercial fishery--Puget Sound shrimp--Purpose.
WAC 220-88A-020 Designation of Puget Sound shrimp pot and Puget Sound shrimp trawl as emerging commercial fisheries.
WAC 220-88A-030 Emerging commercial fishery--Eligibility for Puget Sound shrimp pot experimental fishery permit.
WAC 220-88A-040 Emerging commercial fishery--Eligibility for Puget Sound shrimp trawl experimental fishery permit.
WAC 220-88A-050 Emerging commercial fishery--Puget Sound shrimp experimental fishery permits--Nontransferability--Primary operator participation requirement--Single alternate operator--Medical exception.
WAC 220-88A-060 Emerging commercial fishery--Puget Sound shrimp--Shrimp districts.
WAC 220-88A-070 Emerging commercial fishery--Puget Sound shrimp pot experimental fishery--Seasons and gear--Spot prawn restriction.
WAC 220-88A-080 Emerging commercial fishery--Puget Sound shrimp beam trawl experimental fishery--Seasons and gear.

Washington State Code Reviser's Office