WSR 03-21-138

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 21, 2003, 2:38 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-18-047[A].

     Title of Rule: Commercial fishing rules.

     Purpose: Establish Columbia River limited participation fishery.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: Provide mechanism to harvest salmon in circumstances when full fleet participation is inappropriate.

     Reasons Supporting Proposal: Allow for salmon harvest.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2373.

     Name of Proponent: Department of Fish and Wildlife, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: The department and the Oregon Department of Fish and Wildlife, working through the Columbia River compact, are proposing to establish a list of fishers who may want to participate in a limited participation salmon fishery. These fisheries are short-term opportunity to catch a limited number of fish, and will be scheduled when full-fleet participation would endanger the resource.

     Proposal does not change existing rules.

     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: Fishers are required to register with the department to participate, and may be required to take on-board observers.

     2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None.

     3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: No compliance costs beyond those already accounted for. All participants must be currently licensed Columbia River gill net fishers, and they have the equipment to participate.

     4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? There is no loss.

     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.

     No cost of compliance.

     6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: There are no costs.

     7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: This proposal has been discussed with ODFW and affected fishers.

     8. A List of Industries That Will Be Required to Comply with the Rule: There are no industries that are required to comply with the rule.

     A copy of the statement may be obtained by writing to Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155.

     RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

     Hearing Location: Fort Worden State Park Conference Center, Port Townsend, Washington, on December 5-6, 2003, begins 8:00 a.m. on December 5, 2003.

     Assistance for Persons with Disabilities: Contact Susan Yeager by November 24, 2003, TDD (360) 902-2207 or (360) 902-2267.

     Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by November 28, 2003.

     Date of Intended Adoption: December 5, 2003.

October 21, 2003

Evan Jacoby

Rules Coordinator

OTS-6743.1


NEW SECTION
WAC 220-33-070   Limited participation commercial salmon fisheries -- Columbia River.   (1) When the director determines that a harvestable amount of salmon is available, but that full-fleet fishing effort has an unacceptable risk of exceeding the available harvest or compromises other specific management objectives, the director in collaboration with the Oregon department of fish and wildlife (ODFW) director, working through the Columbia River compact, may authorize a limited participation fishery in the Columbia River in order to provide additional opportunities for commercial salmon fisheries where they might not otherwise exist. Such a fishery may be authorized for experimental or developmental fisheries, fisheries necessary to refine run size data, fisheries necessary to provide biological information, or in cases where:

     (a) Other specific management objectives have been stated for the species and area in question; or

     (b) Full-fleet participation with time, space, or gear restrictions cannot achieve the harvest goal.

     (2) Only licensed commercial salmon fishers may participate in a limited participation fishery. Fishers who wish to have their name placed on the Columbia River limited participation register must notify the department's Region 5 office, in writing, by December 1 each year for the following year's fisheries. Interested fishers must provide a message phone number at which they can be contacted and indicate the fishing zone(s) (SMCRA 1A, 1B, 1C, 1D, 1E) in which they can participate.

     (3) Each year the department will, from the list of interested fishers, use random selection to create a priority list by fishing zone (SMCRA 1A, 1B, 1C, 1D, 1E) in the Columbia River. Once the priority lists have been created, sale or transfer of the license shall invalidate the receiver from participation in that year's limited participation fishery.

     (4) When a limited participation fishery is authorized, the department will contact fishers from the priority register at least twenty-four hours prior to the opening of the fishery. When a fisher cannot be contacted after reasonable effort, the department will select the next name, until the maximum number of allowable units of gear is reached. If not reached, the fisher's name will remain at the priority position, but the fisher may not participate in that limited participation fishery. Agreement to participate, or declining to participate, will remove the fisher from the priority position, and place the name at the bottom of the priority list.

     (5) Fishers may be required to take on-board observers to collect biological information during the limited participation fishery.

     (6) Examples of specific management objectives include, but are not limited to:

     (a) Reducing levels of incidental catch of wild salmon stocks;

     (b) Reducing incidental catch of nontarget salmon species originating from regions other than the fishing area; or

     (c) Specific recreational emphasis action.

[]

Legislature Code Reviser 

Register

© Washington State Code Reviser's Office