WSR 08-06-026

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed February 22, 2008, 4:18 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-01-048.

Title of Rule and Other Identifying Information: WAC 220-88B-030 Emerging commercial fishery -- Eligibility for coastal experimental fishery permits -- Terms and conditions of use -- Renewal -- Vessel restriction -- Incidental catch.

Hearing Location(s): Shilo Inn, 707 Ocean Shores Boulevard N.W., Ocean Shores, WA 98569, on June 6-7, 2008, at 8:00 a.m.

Date of Intended Adoption: June 20, 2008, conference call.

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 June 5, 2008.

Assistance for Persons with Disabilities: Contact Susan Yeager by May 23, 2008, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The total allowable harvest is reduced as a precautionary action to match up with estimates of population production corresponding to known habitat. Modifies existing rule to further restrict the amount of harvest possible in a specified geographical area. This geographical restriction will limit area impacts to prevent overharvesting the spot-shrimp stocks within the subareas of the Washington coast.

Reasons Supporting Proposal: New analyses suggest that the total allowable catch is set at too high a level and that the catch is not being proportionately harvested from the existing habitat.

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 Barker, 1111 Washington Street S.E., Olympia, (360) 902-2826; Implementation: Lew Atkins, 1111 Washington Street S.E., Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street S.E., 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: Rule will cap the allowable harvest coastwide and set subarea quotas within the overall cap.

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: Some fisheries will experience increased costs if they have to travel further from port to harvest the product - this only applies to those who are currently not making the further trips from port.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? Some fishers may chose not to travel further from port to access the available harvest and they will forego that harvest opportunity which may reduce their revenue from sales.

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:

a. Cost per employee;

b. Cost per hour of labor; or

c. Cost per one hundred dollars of sales.

There are less that twenty permit holders operating in this fishery and this does not qualify as 10% under the defined business category.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: The agency has not taken any special steps to reduce the cost of these rules on small businesses - the decrease in the allowable catch is to a level the fleet is not currently harvesting and the geographic shift to capping subareas will present only a minor hardship for a few vessels.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The agency will hold a public hearing under the auspices of the fish and wildlife commission public rule-making policy, as guided by the Administrative Procedure Act.

8. A List of Industries That Will Be Required to Comply with the Rule: Emerging commercial fishery ocean spot shrimp permit holders.

A copy of the statement may be obtained by contacting Lori Preuss, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail preuslmp@dfw.wa.gov.

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

February 22, 2008

Loreva M. Preuss

Rules Coordinator

OTS-1262.2


AMENDATORY SECTION(Amending Order 04-21, filed 2/10/04, effective 3/12/04)

WAC 220-88B-030   Emerging commercial fishery -- Eligibility for coastal experimental fishery permits -- Terms and conditions of use -- Renewal -- Vessel restriction -- Incidental catch.   (1) No individual may hold more than one Washington coastal spot shrimp experimental fishery permit.

(2) Coastal spot shrimp experimental fishery permits are not transferable. Only the vessel designated on the emerging commercial fishery license and coastal spot shrimp experimental fishery permit may be used to fish for or deliver spot shrimp.

(3) A coastal spot shrimp experimental fishery permit will be issued only to a natural person who:

(a) Held such a permit the previous year; and

(b) Can demonstrate by valid Washington fish receiving tickets that at least 1,000 cumulative round weight pounds of spot shrimp taken from waters of the Pacific Ocean adjacent to the state of Washington were landed from the person's designated vessel or vessels during the previous two calendar years. Landings of spot shrimp reported as "tails" on fish receiving tickets will be converted to round pounds by multiplying the reported weight of tails by two.

(4) Coastal spot shrimp 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 violations of other fishing regulations. A coastal spot shrimp experimental fishery permit will not be renewed if the emerging commercial fishery license is revoked or future fishing privileges of the licensee are suspended.

(5) The director may issue a coastal spot shrimp experimental fishery permit to another person if a permittee fails to make the requisite landings, if the person's experimental coastal spot shrimp experimental fishery permit is revoked, or if no application for an emerging commercial fishery license is received by March 31st of each year. The total number of permits issued, including replacement permits, shall not exceed fifteen. Selection of persons to receive replacement permits shall be by gear or gear replacement type, and replacement permits will be offered in descending order first to persons who made the largest total of Washington coastal spot shrimp landings in each gear type during the original qualifying period, and then in descending order to persons who made the largest total of Washington coastal spot shrimp landings in each gear type. If no persons with coastal spot shrimp landings wish to participate, the director may offer a replacement permit by random drawing.

(6) Coastal spot shrimp experimental fishery permits are only valid for the year issued and expire on December 31st of the year issued with the expiration of the emerging commercial fishery license.

(7) The total allowable catch of spot shrimp taken from Washington territorial waters west of the Bonilla-Tatoosh line and from adjacent waters of the Pacific Ocean during a calendar year is ((250,000)) 200,000 pounds round weight, provided that not more than 100,000 pounds ((may)) be taken south of 4704.00' N. latitude and no more than 100,000 pounds be taken north of 4704.00' N. latitude.

(8) ((Beginning January 1, 2003, through December 31, 2005, the allowable catch shall be allocated as follows: 175,000 pounds available to all permit holders and 75,000 pounds available to fishers who were converted from trawl to pot permits.)) Beginning January 1, 2006, the allowable catch is available to all permit holders.

(9) Vessel restriction: A coastal spot shrimp experimental fishery permit will not be issued to a person who designates a vessel greater than ten feet longer than the vessel designated as of March 31, 2003, provided that if the vessel designated as of March 31, 2003, is ten or more feet greater than the vessel used by the person to initially qualify for a coastal spot shrimp experimental fishery permit, the person may not designate a vessel greater in length than the vessel designated as of March 31, 2003.

(10) Incidental catch:

(a) It is unlawful to retain more than 50 pounds round weight of other shrimp species. It is ((lawful)) permissible to retain octopus and squid.

(b) It is unlawful to retain salmon.

(c) It is unlawful to retain any bottomfish species.

[Statutory Authority: RCW 77.12.047. 04-05-027 (Order 04-21), 220-88B-030, filed 2/10/04, effective 3/12/04; 03-17-007 (Order 03-187), 220-88B-030, filed 8/7/03, effective 9/7/03; 02-02-050 (Order 01-287), 220-88B-030, filed 12/27/01, effective 1/27/02; 00-17-107 (Order 00-152), 220-88B-030, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 75.08.080. 99-01-154 (Order 98-257), 220-88B-030, filed 12/22/98, effective 1/22/99.]

Washington State Code Reviser's Office