WSR 04-10-041

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-89 -- Filed April 29, 2004, 3:28 p.m. ]

Date of Adoption: April 29, 2004.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-88C-030 and 220-88C-040.

Statutory Authority for Adoption: RCW 77.12.047.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: These rules were adopted on April 27, 2004, and are interim until permanent rules take effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Immediately.

April 29, 2004

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-88C-03000D   Eligibility to participate in the coastal pilchard fishery.   Notwithstanding the provisions of WAC 220-88C-030:

(1) Beginning 2004, a coastal pilchard experimental fishery permit will be issued only to a person who:

(a) Held such a permit the previous year;

(b) Has purchased an emerging commercial fisheries license by April 1st; and

(c) Has no outstanding observer fees owed to the department.

(2) Coastal pilchard experimental fishery permits may be revoked by the director, and future permits denied by the director, for failure to comply with conditions specified in the permits or violation of other commercial fishing rules, and shall be revoked if the emerging commercial fishery license is suspended. A coastal pilchard experimental fishery permit will not be renewed if the emerging commercial fishery license is revoked or future fishing privileges of the licensee are suspended.

(3) If less than twenty permits are issued to persons who meet the permit renewal requirements specified in subsection (2) of this section, the director may offer replacement permits, provided that:

(a) The total number of permits issued by the director, including replacement permits, shall not exceed twenty-five.

(b) Replacement permits shall be issued to persons who can demonstrate by valid Washington fish receiving tickets that a minimum of forty metric tons (cumulative round weight) of pilchard were landed under the person's emerging commercial fishery license in 2000, 2001, and 2002, and who have submitted a completed replacement permit application to the Department by June 1, 2004.

(c) If more than twenty-five persons meet the criteria specified in (b) of this subsection, the replacement permits will be issued to the persons with the highest landings, in order, until twenty-five permits are issued.

(4) Coastal pilchard experimental fishery permits are only valid for the year issued

(5) Permit holders must designate a vessel to be used in the coastal pilchard emerging commercial fishery at least 48 hours before their first pilchard fishing trip of the season each year. Once designated, permit holders may not change vessel designation for the remainder of the season.

(6) A vessel can be designated only on one permit.

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NEW SECTION
WAC 220-88C-04000D   Coastal pilchard fishery -- Seasons and lawful catch.   (1) The coastal pilchard fishery season is open to purse seine fishing May 15 until further notice. Fishing under an experimental commercial fishery permit for pilchard is closed within three miles of shore.

(2) It is unlawful to retain any species taken incidental to pilchard in the coastal pilchard fishery except anchovy, mackerel, and squid. Any salmon encircled in the purse seine must be released prior to completion of the set, and no salmon may be landed on the fishing vessel.

(3) The transfer of catch from one vessel to another is prohibited.

(4) Legal purse seine gear must be aboard the vessel making the landing.

(5) Pilchard landings must be delivered to a shoreside processing facility.

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