PROPOSED RULES
FISH AND WILDLIFE
Supplemental Notice to WSR 00-14-020.
Preproposal statement of inquiry was filed as WSR 00-14-020 [00-02-085].
Title of Rule: Commercial fishing rules.
Purpose: Trawl gear prohibition.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Summary: Eliminates rockfish directed bottomfish trawl in coastal and outer Strait of Juan de Fuca waters.
Reasons Supporting Proposal: Protection of rockfish stocks.
Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2325; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2927.
Name of Proponent: Washington State Department of Fish and Wildlife, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This supplemental filing is for purposes of correcting the small business economic impact statement.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Bottom trawl gear is proposed to be eliminated in coastal waters and the western Strait of Juan de Fuca, west of the mouth of the Sekui River. Bottom trawl in these waters is directed at near-shore rockfish stocks, which are in decline, and species complex of great concern in state waters. There is sufficient commercial opportunity to harvest rockfish outside three miles while avoiding near-shore impacts.
Proposal Changes the Following Existing Rules: Close bottom trawl in state coastal waters and Catch Area 29.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
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: None required.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? There is a potential for loss of revenue from the proposed closure; however, the species and volumes of catch foregone could be recovered in the fishing areas that will remain available to trawlers.
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.
The maximum gross cost in lost revenue is $119,122 per year for the entire fleet of eleven vessels based on average fleet values (1998-2000) and average percent of total catch occurring inside three miles. This represents an average cost of $10,829/vessel assuming no effort is redirected to waters outside of three miles (see 4. above). This effort will most certainly be redirected to waters outside of three miles and the actual economic cost will be greatly reduced or mitigated entirely.
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 met with the affected fishers and discussed the issue and the potential impacts to this fishery. After the initial discussions, the agency agreed to further analysis of the landing information to obtain a clearer picture of the fishery and its geographic activity. That analysis is completed and we will reconvene a meeting of the industry representatives to discuss the results prior to the Fish and Wildlife Commission taking action on the proposal.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The agency has involved the affected business participants as described in 6. above and will provide them with opportunity to testify to the Fish and Wildlife Commission as they consider the rule proposal.
8. A List of Industries That Will Be Required to Comply with the Rule: Coastal and Puget Sound groundfish trawlers.
A copy of the statement may be obtained by writing to Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98504-1091, phone (360) 902-2930, fax (360) 902-2944.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.
Hearing Location: Best Western Hotel, 15801 West Valley Road, Tukwila, WA, on December 8-9, 2000, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by November 24, 2000, TDD (360) 902-2207, or (360) 902-2861.
Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501, fax (360) 902-2944, by December 7, 2000.
Date of Intended Adoption: December 8, 2000.
November 16, 2000
Evan Jacoby
Rules Coordinator