WSR 16-03-046
PROPOSED RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Filed January 14, 2016, 2:26 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-22-096 on November 3, 2015.
Title of Rule and Other Identifying Information: The department proposes to amend WAC 220-49-005 to require commercial smelt harvesters to quick report their catch.
Hearing Location(s): Natural Resources Building, 1111 Washington Street S.E., Room 172, Olympia, WA 98504, on February 26-27, 2016, at 8:30 a.m.
Date of Intended Adoption: On or after March 4, 2016.
Submit Written Comments to: Joanna Eide, Washington Department of Fish and Wildlife (WDFW), Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Rules.Coordinator@dfw.wa.gov, fax (360) 902-2155, by February 19, 2016.
Assistance for Persons with Disabilities: Contact Tami Lininger by February 19, 2016, TTY (800) 833-6388 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In order to close this fishery when the quota has been reached, near real-time catch data are needed.
Reasons Supporting Proposal: A sixty thousand pound quota was imposed on the commercial smelt fishery by the fish and wildlife commission in July 2014. This "quick reporting" requirement is required for other species in WAC 220-69-240. Under temporary rule quick reporting occurred during the 2014 and 2015 seasons, and this rule action makes this requirement permanent.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.013, 77.04.055, and 77.12.047.
Statute Being Implemented: RCW 77.04.012, 77.04.013, 77.04.055, and 77.12.047.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: There is a minimal fiscal impact to the department of approximately $2,000 each fiscal year.
The public hearing will take place at the February 2016 fish and wildlife commission meeting. For more information on the agenda for this meeting, please see the commission's web page at http://wdfw.wa.gov/commission/meetings/2016/index.html.
Name of Proponent: WDFW, governmental.
Name of Agency Personnel Responsible for Drafting: Joanna Eide, 1111 Washington Street S.E., Olympia, WA 98501, (360) 902-2403; Implementation: Craig Burley, 1111 Washington Street S.E., Olympia, WA 98501, (360) 902-2784; 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: (4) It is unlawful for vessel operators engaged in the commercial harvest of smelt from Puget Sound to fail to report their daily catch to the department by 2:00 p.m. the day following the harvest of smelt.
(a) Catch reports may be submitted to the department as follows:
(i) By e-mailing the catch report or a picture of the fish receiving ticket to smeltreport@dfw.wa.gov; or
(ii) By phone at 1-844-611-3822.
(b) Catch reports must include the following information as it is recorded on the fish receiving ticket:
(i) Fisher name;
(ii) Wholesale fish dealer name;
(iii) Pounds of smelt landed;
(iv) Marine fish/shellfish catch area, as described in WAC 220-22-400;
(v) Date of harvest;
(vi) Date of sale;
(vii) Complete fish ticket serial number, including the first alphanumeric letter; and
(viii) If a picture of the fish receiving ticket is e-mailed as the daily harvest report, the date of harvest must be recorded on the bottom half of the ticket.
2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: There are no new anticipated professional services required to "quick report." Under temporary rule, fishers have been quick reporting for two seasons (2014 and 2015). Fishers need only a phone or internet access to comply with this requirement and the phone hotline is a toll-free number.
3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: No additional costs are anticipated.
4. Will Compliance with The Rule Cause Businesses to Lose Sales or Revenue? No. This rule will only take a few minutes to comply with and all the information should already be documented on their fish receiving ticket.
5. Cost of Compliance for Small Businesses Compared with the 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.
None - the proposed rules do not require any additional equipment, supplies, labor, or administrative costs. Only approximately six businesses are involved in this fishery and all bear the same burden for reporting.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses, or Reasonable Justification for Not Doing So: We have created a toll-free number and an e-mail account for harvesters to submit their reports free of charge.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: Affected businesses will also have an opportunity to provide public comment during the public hearing on the rule proposal.
8. A List of Industries That Will Be Required to Comply with the Rule: Commercial smelt harvesters (approximately six active licenses).
9. An Estimate of the Number of Jobs That Will Be Created or Lost as a Result of Compliance with the Proposed Rule: The rules will not have an impact on job creation or job loss.
A copy of the statement may be obtained by contacting Craig Burley, WDFW Fish Program, 600 Capitol Way North, Olympia, WA 98501, phone (360) 902-2453, fax (360) 902-2466, e-mail craig.burley@dfw.wa.gov.
A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not involve hydraulics rules.
January 14, 2016
Joanna M. Eide
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-15-006, filed 7/2/14, effective 8/2/14)
WAC 220-49-005 Puget Sound forage fish commercial fisheriesGeneral provisions.
(1) It is unlawful to fish for or possess Puget Sound forage fish taken for commercial purposes except at the times, during the seasons and using the gear provided for in this chapter.
(2) It is unlawful to fish for or possess candlefish taken for commercial purposes. A violation of this subsection is punishable under RCW 77.15.550, Violation of commercial fishing area or timePenalty.
(3) The total annual quota for the Puget Sound smelt commercial fishery may not exceed sixty thousand pounds.
(4) It is unlawful for vessel operators engaged in the commercial harvest of smelt from Puget Sound to fail to report their daily catch to the department by 2:00 p.m. the day following the harvest of smelt.
(a) Catch reports may be submitted to the department as follows:
(i) By e-mailing the catch report or a picture of the fish receiving ticket to smeltreport@dfw.wa.gov; or
(ii) By phone at 1-844-611-3822.
(b) Catch reports must include the following information as it is recorded on the fish receiving ticket:
(i) Fisher name;
(ii) Wholesale fish dealer name;
(iii) Pounds of smelt landed;
(iv) Marine fish/shellfish catch area, as described in WAC 220-22-400;
(v) Date of harvest;
(vi) Date of sale;
(vii) Complete fish ticket serial number, including the first alphanumeric letter; and
(viii) If a picture of the fish receiving ticket is e-mailed as the daily harvest report, the date of harvest must be recorded on the bottom half of the ticket.