WSR 14-22-110 PROPOSED RULES DEPARTMENT OF FISH AND WILDLIFE [Filed November 5, 2014, 10:06 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-11-118 on May 21, 2013.
Title of Rule and Other Identifying Information: The Washington department of fish and wildlife (WDFW) is considering rule amendments relating to the commercial harvest of hagfish in the hagfish pot trial fishery, WAC 220-20-039 Live fish—Import and transfer.
Hearing Location(s): WDFW Region 6 Office, 48 Devonshire Road, Montesano, WA 98563, on December 9, 2014, at 10:00 a.m.
Date of Intended Adoption: On or after December 10, 2014.
Submit Written Comments to: Lorna Wargo, WDFW Region 6 Office, 48 Devonshire Road, Montesano, WA 98563, e-mail Lorna.Wargo@dfw.wa.gov, fax (360) 249-1229, by December 2, 2014.
Assistance for Persons with Disabilities: Contact Tami Lininger by December 2, 2014, TTY 1-800-833-6388, or (360) 902-2207.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to exempt hagfish from the ban on possession, transport, or sale of live fish. Under current regulation it is unlawful to transport, possess, transfer or sell hagfish in a live state (i.e. alive). The effect of this proposed rule change is to allow a live fishery for hagfish and thereby expand potential opportunity in the hagfish pot trial fishery as there are separate markets for live and frozen hagfish. The ban on live fish transport or sales is intended to protect against the introduction of exotic disease and for resource conservation purposes. Hagfish are indigenous to the ocean and coastal marine waters of Washington and conservation measures are being achieved through active fishery management actions.
Reasons Supporting Proposal: There is market demand for live hagfish and this proposal could increase sales opportunities for fishers and dealers. The value per volume of catch for live hagfish may be higher than frozen product. Individuals will only be able to possess live hagfish if they have a department permit under the rule proposal, so the department will still be able to ensure proper fishery management.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.04.055, 77.12.045, and 77.12.047.
Statute Being Implemented: RCW 77.04.012, 77.04.020, 77.04.055, 77.12.045, and 77.12.047.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WDFW, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Lorna Wargo, 48 Devonshire Road, Montesano, WA 98563, (360) 249-1221; and Enforcement: Steve Crown, 1111 Washington Street S.E., Olympia, WA 98501, (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, Recordkeeping, and Other Compliance Requirements of the Proposed Rule: This proposed rule change authorizes the transport, transfer, or sale of live hagfish taken in the coastal (ocean) commercial hagfish pot trial fishery. Markets exist for both dead (fresh frozen) and live hagfish. The requirements for reporting or recordkeeping are the same for hagfish sold live or dead.
2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: There are no professional service requirements for a small business to comply with the requirements.
3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: There is no cost to compliance as this rule authorizes the possession, transfer or sale of live hagfish but does not impose any additional or new requirements upon commercial fishers or dealers to participate in the coastal hagfish pot trial fishery. The proposed changes only require a fisher who wishes to possess live hagfish to obtain a permit from the department allowing such possession.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No. The proposed rule does not require commercial fishers or dealers to participate in the live hagfish fishery. Authorizing a live hagfish fishery may increase sales opportunity.
5. Cost of Compliance for the Ten Percent 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.
The costs to comply per one hundred dollars of sales are negligible. Fishers and dealers already must document fishing and sales activity on fishery logbooks and fish receiving tickets. The live condition of the hagfish does not change costs.
Small businesses engaged in commercial fish and wildlife activities may incur penalty-related costs if they fail to comply with department requests and are cited with a violation. A violation is punishable under RCW 77.15.253, 77.15.290, or 77.15.750, depending on the species, value of the species, and the circumstances underlying the violation.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses, or Reasonable Justification for Not Doing So: As costs are negligible and the requirements already apply to small businesses, there is no need for the agency to take steps to reduce costs to small businesses.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The department has engaged in ongoing discussion with affected small businesses – commercial hagfish fishers and dealers. Affected small businesses have been supportive of the proposed changes.
WDFW sends out a notice of proposed rule-making projects after the proposed rule changes are filed to people who notified the department that they are interested in the department's rule-making activities. This notice directs those people to information on how they can participate in the rule-making process and comment on proposed changes.
8. A List of Industries That Will Be Required to Comply with the Rule: Commercial fishers, commercial fish processors, and people who choose to engage in commercial activity involving live hagfish must obtain a permit to do so and comply with permit requirements relating to the transport, transfer, or sale of live hagfish.
A copy of the statement may be obtained by contacting Lorna Wargo, WDFW Region 6 Office, 48 Devonshire Road, Montesano, WA 98563, phone (360) 249-1221, fax (360) 249-1229, e-mail Lorna.Wargo@dfw.wa.gov.
A cost-benefit analysis is not required under RCW 34.05.328. This rule proposal does not involve hydraulics.
November 5, 2014
Joanna M. Eide
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-02-043, filed 12/21/12, effective 1/21/13)
WAC 220-20-039 Live fish—Import and transfer.
(1) It is unlawful for any person, group, corporation, association, or government entity to import into, transport, transfer, sell, or possess within the state of Washington live fish and/or the viable sexual products of fish without first obtaining a permit to do so from the director. The only exceptions ((is)) to the permit requirement are for aquarium fish, game fish, indigenous marine baitfish, indigenous hagfish species and mosquito fish (genus Gambusia) when used by agencies authorized by chapter 17.28 RCW. The permit must accompany the fish and/or sexual products at all times within the state of Washington and must be presented to department employees on demand.
(2) For any permit issued under subsection (1) of this section, the director may impose conditions as necessary to ensure the protection of food fish populations from infectious, contagious, or communicable diseases and pests.
(3) It is unlawful to violate the terms and conditions imposed on any permit issued under subsection (1) of this section. In addition to penalties provided by law, violation of the permit terms and conditions may result in the suspension and/or revocation of the permit.
(4) A violation of this section is punishable under RCW 77.15.253, 77.15.290, or 77.15.750, depending on the species, value of the species, and the circumstances underlying the violation.
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