Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-10-069.

     Title of Rule and Other Identifying Information: Commercial herring reporting.

     Hearing Location(s): Embassy Suites Hotel, 20610 44th Avenue West, Lynnwood, WA, on August 6-7, 2004, begins at 8:00 a.m., August 6.

     Date of Intended Adoption: August 6, 2004.

     Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by August 4, 2004.

     Assistance for Persons with Disabilities: Contact Susan Yeager by July 26, 2004, TTY (360) 902-2207 or (360) 902-2267.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The current rules on herring reporting are being separately amended to require real time reporting on fish receiving tickets. However, fish tickets do not provide enough information to manage the herring resource. A herring logbook and year-end reporting of herring sales by dozens will allow for herring management as attempts are made to continue with herring stock rebuilding.

     Reasons Supporting Proposal: Herring stock recovery.

     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: Evan Jacoby, 1111 Washington Street, Olympia, WA, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, WA, (360) 902-2561; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, WA, (360) 902-2373.

     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.

     3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: The cost of compliance is estimated to be less than $10 annually per affected business. The costs include the cost of mailing completed logbooks to the department's LaConner monthly (for months when the business conducted herring fishing activities), and the single annual mailing by herring bait fish sellers.

     4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No. The proposed rule will not impact any fishing or sales activity, but rather add requirements to summarize the fishing activity on a monthly basis, and sales activity of herring bait fish on a yearly basis.

     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. Less than $.01 per $100.

     6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: During the development of the proposed rule we met with the affected industry at a public workshop and attempted to learn of their concerns. Following the workshop we designed the logbook after the logbook which has been successfully used in the commercial fishery for shrimp in Puget Sound. However, we simplified the logbook, removing data elements to minimize the time required to complete the logbook while meeting the management needs. The logbooks and herring bait fish report forms will be distributed at no cost to herring processors.

     7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The agency held a workshop on the concept of the proposed rule on January 20, 2004, in Olympia, Washington. There will be an opportunity for the affected business owners to comment directly to the Fish and Wildlife Commission during the rule adoption process in August 2004. The department will send a draft copy of the proposed logbook and herring bait fish report form to business owners prior to finalization.

     8. A List of Industries That Will Be Required to Comply with the Rule: Commercial herring fishers and original receivers who are herring bait fish sellers, of which there are approximately fourteen active businesses in Washington annually.

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

     A cost-benefit analysis is not required under RCW 34.05.328. Not hydraulics rules.

June 23, 2004

Evan Jacoby

Rules Coordinator

OTS-7301.2

AMENDATORY SECTION(Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-49-023   Herring reporting.   ((It shall be unlawful for the original receiver of spawn on kelp product from Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, and 21B during the period April 16 through May 31 to fail to report each calendar day's receipts by noon of the following working day to the department by telephone to (360) 902-2800 or by telefacsimile to (360) 902-2944.)) (1) Herring fishers:

     (a) All commercial herring fishers are required to obtain a department-issued herring reporting monthly logbook, and, pursuant to this section, enter the required information and remit the department's copies of the monthly logs.

     (b) It is unlawful for the operator of the harvest vessel to fail to keep the logbook aboard the vessel while the vessel is engaged in herring fishing or has herring onboard. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

     (c) It is unlawful for any vessel operator engaged in herring fishing to fail to submit the department's copy of each month's log in which fishing activity occurs within ten days of the end of the month, as evidenced by the mailing date on the envelope or the fax date, except that the operator may submit all logs of monthly activity prior to the month in which fishing activity commences at one time, and, when fishing activity terminates for the year may submit the logs for the remainder of the year at one time. Harvest logs must be submitted in ascending consecutive order of log serial numbers. The logs are required to be mailed to: Department of Fish and Wildlife, Marine Resources, P.O. Box 1100, La Conner, WA 98257, or faxed to 360-466-0515. Violation of this subsection is a misdemeanor, punishable under RCW 77.15.280.

     (d) Herring vessel operators responsible for submitting logs to the department must maintain the fisher's copy of all logs for one year, and have them available for inspection. It is unlawful for the vessel operator to fail to submit harvest logs for inspection upon request by fish and wildlife officers or authorized department marine fish-shellfish program employee. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.360.

     (e) It is unlawful for vessel operators engaged in commercial herring fishing or possessing herring, to fail to permanently and legibly record in ink the following information within the following time constraints:

     (i) Before each vessel trip, record the operator name, operator phone number, license holder name, the department issued registration number, date of fishing trip.

     (ii) Immediately after the completion of each set, and prior to making a new set, record the set number, set start time, Marine Fish-Shellfish Catch Area, nearest landmark type, gear type, and weight in pounds of herring retained.

     (iii) Immediately after each landing of fish, record the fish receiving ticket serial number and the names of the receivers of fish landed or pen number delivered to if the vessel operator also holds a wholesale fish dealer license and is acting in the capacity of an original receiver. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

     (2) Herring baitfish processors:

     (a) It is unlawful for original receivers who sell herring as baitfish to fail to report by January 15th of each year the total number of dozens of herring sold the previous year. The report must be made on a department supplied herring baitfish report form, and must report sales by size class. The form is required to be mailed to: Department of Fish and Wildlife, Marine Resources, P.O. Box 1100, La Conner, WA 98257, or faxed to 360-466-0515. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

     (b) Herring processors responsible for submitting herring baitfish report forms must maintain the processor's copy of the form for one year, and have it available for inspection. It is unlawful for the processor to fail to submit herring baitfish report forms for inspection upon request by fish and wildlife officers or authorized department marine fish-shellfish program employee. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.360.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), § 220-49-023, filed 5/19/94, effective 6/19/94; 83-24-024 (Order 83-200), § 220-49-023, filed 11/30/83, effective 1/1/84; 81-02-053 (Order 81-3), § 220-49-023, filed 1/7/81; Order 77-147, § 220-49-023, filed 12/16/77; Order 77-14, § 220-49-023, filed 4/15/77; Order 76-148, § 220-49-023, filed 12/2/76; Order 1193, § 220-49-023, filed 3/4/75; Order 1105, § 220-49-023, filed 12/28/73.]

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