WSR 07-11-021

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed May 4, 2007, 9:09 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-07-014.

Title of Rule and Other Identifying Information: WAC 220-52-075 Shellfish harvest logs.

Hearing Location(s): Seafarers Memorial Park Building, 601 14th Street, Anacortes, WA 98221, on August 3-4, 2007, at 8:00 a.m.

Date of Intended Adoption: October 12-13, 2007.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail preuslmp@dfw.wa.gov, fax (360) 902-2155, by August 1, 2007.

Assistance for Persons with Disabilities: Contact Susan Yeager by July 16, 2007, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal is intended to clarify existing requirements, provide requirements where they are lacking, reorganize the reporting locations and section (addresses and phone numbers), and provide penalty language and references for violations.

Reasons Supporting Proposal: Existing rules lack clarity, additional management information needs have arisen, addresses and phone numbers have changed, and penalty sections are absent. These proposed changes will provide increased clarity of the rules to meet management and enforcement needs as well as reduce fishermen's confusion.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

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

Name of Proponent: Washington department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Morris W. Barker, 1111 Washington Street, Olympia, (360) 902-2826; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

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

Small Business Economic Impact Statement


1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: Provides clarity of logbook requirements without adding any new fisheries required to maintain and submit logbooks. Specifies methods of logbook maintenance and reporting schedules as well as locations and phone numbers for report submission.

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: There may be a small increase in fisher labor for the on-the-water record keeping for logbook entries. No increased costs for reporting as those rules already exist.

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:

1. Cost per employee;

2. Cost per hour of labor; or

3. Cost per one hundred dollars of sales.

There is no cost of compliance (see #3 above).

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: The department has discussed the proposed changes with many of the fishery groups affected and taken that input into consideration in developing these proposals - costs, if any are now considered de minimus.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: Many of the affected fisheries have already had discussions with agency staff. In addition, the proposals will be discussed in a public hearing format under the auspices of the fish and wildlife commission's public meeting process.

8. A List of Industries That Will Be Required to Comply with the Rule: Commercial shellfish fishers for the following fisheries: Crayfish, sea cucumber, sea urchin, scallop, shrimp other than ocean pink shrimp or squid.

A copy of the statement may be obtained by contacting Morris W. Barker, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2826, fax (360) 902-2944, e-mail barkemwb@dfw.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. These proposals do not affect hydraulics.

May 4, 2007

Lori Preuss

Rules Coordinator

OTS-9645.2


AMENDATORY SECTION(Amending Order 03-28, filed 2/18/03, effective 3/21/03)

WAC 220-52-075   Shellfish harvest logs.   (1) It is unlawful for any vessel operator engaged in the commercial harvest of crawfish, sea cucumber, sea urchin, scallop, shrimp other than ocean pink shrimp, or squid((, or)) to fail to obtain and accurately maintain the appropriate harvest log available from the Washington department of fish and wildlife. It is unlawful for any license holder engaged in commercial 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, 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))) (2) It is unlawful for any harvest vessel operator or license holder engaged in harvest as described in subsection (1) of this section, to fail to maintain the required harvest log: Aboard the vessel; at the harvest site; when crawfish, sea cucumbers, sea urchins, shrimp other than ocean pink shrimp, squid, scallops, clams, or sand shrimp are aboard during transit of a harvest vessel; or are in possession of the license holder.

(3) It is unlawful for the vessel operator or license holder, engaged in harvest as described in subsection (1) of this section, to fail to submit harvest logs for inspection upon request by department of fish and wildlife officers or authorized employees.

(4) It is unlawful for any vessel operator or license holder, engaged in harvest as described in subsection (1) of this section, to fail to comply with the following methods of logbook submittal and time frames related to harvest logbook submittal:

(a) Within ten days following any calendar month in which fishing occurred, required completed harvest logs must be received by the department; however, vessel operators or license holders may submit logs directly to authorized department employees.

(b) Vessel operators or license holders responsible for submitting logs to the department, as described in subsection (1) of this section, must maintain a copy of all submitted logs for a period of three years following the harvest activity. Copies of harvest logs, which are required to be maintained, must be available for inspection upon request by department of fish and wildlife officers and authorized employees.

(c) Original harvest logs must be maintained and submitted in ascending consecutive order of log serial number.

(5) It is unlawful for any vessel operator or license holder, engaged in harvest as described in subsection (1) of this section, to fail to send completed harvest logs to the appropriate following mailing address, except as provided for in subsection (4)(a) of this section.


For Shrimp Harvest Logbooks:

ATTN: SHRIMP HARVEST MANAGER

Washington Department of Fish and Wildlife

Point Whitney Shellfish Laboratory

1000 Point Whitney Road

Brinnon, WA 98320-9799.


For Crawfish Harvest Logbooks:

ATTN: FISH PROGRAM - CRAWFISH HARVEST MANAGER

Washington Department of Fish and Wildlife

600 Capitol Way North

Olympia, WA 98501-1091.


For Sea Urchin and Sea Cucumber Harvest Logbooks:

ATTN: FISH PROGRAM - SEA URCHIN/SEA CUCUMBER HARVEST MANAGER

Washington Department of Fish and Wildlife

600 Capitol Way North

Olympia, WA 98501-1091.


For Clam (harvest with mechanical digging devices) Harvest Logbooks:

ATTN: FISH PROGRAM - GEODUCK HARVEST MANAGER

Washington Department of Fish and Wildlife

600 Capitol Way North

Olympia, WA 98501-1091.


For Scallop Harvest Logbooks:

ATTN: FISH PROGRAM - SCALLOP HARVEST MANAGER

Washington Department of Fish and Wildlife

600 Capitol Way North

Olympia, WA 98501-1091.


For Squid Harvest Logbooks:

ATTN: FISH PROGRAM - SQUID HARVEST MANAGER

Washington Department of Fish and Wildlife

600 Capitol Way North

Olympia, WA 98501-1091.


For Coastal Sand Shrimp Harvest Logbooks:

ATTN: SAND SHRIMP HARVEST MANAGER

Washington Department of Fish and Wildlife

P.O. Box 190

Ocean Park, WA 98640-0190.


For Puget Sound Sand Shrimp Harvest Logbooks:

ATTN: SAND SHRIMP HARVEST MANAGER

Washington Department of Fish and Wildlife

P.O. Box 1100

LaConner, WA 98257.


(6) It is unlawful for v
essel 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)) to fail to permanently and legibly record in ink the following information within the following time frames:

(a) Before leaving the catch area where harvest occurred, 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.

(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 hundredth of a minute at the beginning 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 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)); and

(b) Immediately after delivery of shellfish to an original receiver, record the weight of all shellfish.

(7) It is unlawful for vessel operators engaged in commercial harvest of shrimp, other than ocean pink shrimp, with beam trawl or shrimp trawl gear, to fail to permanently and legibly record in ink onto the department-supplied harvest log, the following information within the following time frames:

(a) Before commencing a new tow or prior to leaving the site where the catch was taken, record the vessel identity, current date of fishing activity, location fished, trawl width, Marine Fish-Shellfish Management and Catch Reporting Area fished, depth fished, latitude and longitude to the nearest hundredth of a minute at the beginning of each tow, tow speed, duration of tow, and estimated weight of shrimp of each species caught for each tow.

(b) Immediately after delivery of shrimp to an original receiver, or before leaving the last catch site of the day if the operator holds a wholesale fish dealer's license and is the original receiver, record the fish receiving ticket serial number.

(8) It is unlawful for vessel operators engaged in commercial harvest of sea urchins or sea cucumbers to fail to permanently and legibly record in ink the following information within the following time frames:

(a) Before leaving the harvest site, record the vessel identity, date, Marine Fish-Shellfish Catch Reporting Area fished, location fished, depth fished, latitude and longitude to the nearest tenth of a minute or to the nearest second, and the approximate ((number)) weight in pounds of sea urchins or sea cucumbers ((taken before leaving the 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)) harvested.

(b) Upon landing or delivery to an original receiver, the exact weight of sea urchins, as recorded on the shellfish receiving ticket, must be recorded.

(c) Upon landing or delivery to an original receiver, the exact weight of sea cucumbers, as recorded on the shellfish receiving ticket, and whether or not prelanded processing occurred ("whole-live" or "split-drained"), must be recorded.

(9) It is unlawful for license holders engaged in commercial harvest of clams with mechanical digging devices to fail to permanently and legibly record in ink the following information within the following time frames:

(a) Before the end of each day's fishing and departure from the harvest grounds, record the vessel identity if a harvest vessel is used in harvest operation, exact location by latitude and longitude to the nearest thousandths of a minute (recorded in WGS 84 datum), and date of harvest.

(b) Weight by each clam species in pounds upon landing or delivery to an original receiver.

(c) Weight in pounds of each clam species caught and returned to the harvest grounds.

(10) It is unlawful for vessel operators engaged in commercial harvest of scallops to fail to permanently and legibly record in ink the following information within the following time frames:

(a) Before leaving the location where the catch was taken, record the vessel identity, date, location, and duration of harvest and estimated weight in pounds and species 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)).

(b) Upon landing or delivery to an original receiver, the exact weight in pounds, as recorded on the shellfish receiving ticket, and species of harvested scallops.

(11) It is unlawful for vessel operators engaged in commercial harvest of squid, except when taken incidental to any other lawful fishery, to fail to permanently and legibly record in ink the following information within the following time frames:

(a) Before leaving the Marine Fish-Shellfish Management and Catch Reporting Area where taken, the vessel's Washington 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 sand shrimp, except when taken incidental to any other lawful fishery, must record))

(b) Weight in pounds of squid upon landing or delivery to an original receiver.

(12) It is unlawful for license holders engaged in commercial harvest of sand shrimp, except when taken incidental to other lawful fishery, to fail to permanently and legibly record in ink the following information within the following time frames:

(a) Prior to leaving the harvest site, 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).

(b) At the time of delivery to an original receiver, total number of sand shrimp sold (dozens), and the name of the sand shrimp buyer.

(((8) Vessel operators engaged in commercial harvest of shrimp (other than sand shrimp) using shellfish pot gear in Puget Sound must record)) (13) It is unlawful for vessel operators engaged in commercial harvest of shrimp (other than sand shrimp), using shellfish pot gear in Puget Sound, to fail to permanently and legibly record in ink onto the department-supplied harvest logs, the following information within the following time frames:

(a) Prior to leaving the harvest site, the vessel's Washington department of fish and wildlife boat registration number, date, number of pots pulled, pot mesh size, depth fished, soak time, gear location (including latitude and longitude to the nearest hundredth of a minute), species targeted, and weight(s) in pounds 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.))

(b) Immediately after delivery of shrimp to an original receiver, or before leaving the last catch site of the day if the operator holds a wholesale fish dealer's license and is the original receiver, record the fish receiving ticket serial number.

(14) It is unlawful for vessel operators engaged in commercial harvest of shrimp from Puget Sound with shellfish pot gear ((must)) to fail to report their daily catch by telephone before leaving the last catch site fished each day((.)), in the following manner:

(a) 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: 360-446-4345 ext 245.

(b) For harvest in Crustacean Management Regions 3, 4, or 6, reports must be made to the voice recorder at the Point Whitney shellfish laboratory: 360-796-4601 ext 800.

(c) All reports must specify the fisher's name, estimated total number of pounds of each shrimp species in possession, number of pots fished, number of pot pulls (pots multiplied by pulls), 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.))

(15) Violation of this section as it relates to failing to report required information or failing to submit log books is punishable under RCW 77.15.280 reporting of fish or wildlife harvest. Violation of this section as it relates to knowingly providing false or misleading information is punishable under RCW 77.15.270, providing false information.

[Statutory Authority: RCW 77.12.047. 03-05-064 (Order 03-28), 220-52-075, filed 2/18/03, effective 3/21/03; 01-02-061 (Order 00-267), 220-52-075, filed 12/29/00, effective 1/29/01; 01-02-057 (Order 00-262), 220-52-075, filed 12/29/00, effective 1/29/01. Statutory Authority: RCW 75.08.080. 00-05-054 (Order 00-17), 220-52-075, filed 2/14/00, effective 3/16/00; 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