Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-02-045.

     Title of Rule and Other Identifying Information: Sea cucumber buy-back rules.

     Hearing Location(s): Clarion Hotel, 1507 North First Street, Yakima, WA, on June 17-18, 2005, begins at 8:00 a.m., June 17, 2005.

     Date of Intended Adoption: June 17, 2005.

     Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by June 14, 2004.

     Assistance for Persons with Disabilities: Contact Susan Yeager by June 3, 2005, TTY (360) 902-2207 or (360) 902-2267.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending rules on sea cucumber buy back to increase maximum amount that can be paid.

     Reasons Supporting Proposal: Encourage participation in buy back program.

     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: Department of Fish and Wildlife, governmental.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Jim Lux, 1111 Washington Street, Olympia, (360) 902-2444; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (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: There are minimal costs of compliance. Persons who wish to offer their license for sale make an offer by mail. The total costs are taking time to fill out the preprinted offer form and the cost of mailing it back to the department.

     4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? Persons who sell their license back to the department will have that license retired.

     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 total out-of-pocket costs are postage.

     6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: The department has preprinted the offer sheet, and provides envelopes for mailing.

     7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The sea cucumber advisory board was consulted on the offer amount, and felt that a 50% increase in the maximum offer amount ($8,000 to $12,000) was reasonable.

     8. A List of Industries That Will Be Required to Comply with the Rule: No one is required to comply with this rule. Only current sea cucumber licensees may participate.

     A copy of the statement may be obtained by contacting Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, (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. These rule proposals do not affect hydraulics.

April 7, 2005

Evan Jacoby

Rules Coordinator

OTS-8025.1

AMENDATORY SECTION(Amending Order 02-184, filed 8/9/02, effective 9/9/02)

WAC 220-95-110   Sea cucumber license reduction program.   In order to provide for economic stability in the commercial sea cucumber fishery, and in accordance with RCW 77.70.190, the department establishes the sea cucumber license reduction program (program).

     (1) Eligibility: All persons who currently hold a sea cucumber commercial fishery license are eligible to offer their license(s) for purchase under the program.

     (2) Method of purchase: The department will rank offers to sell sea cucumber licenses from the lowest offer to the highest offer. The department will purchase licenses each year from the funds made available under RCW 77.70.190, with a maximum purchase price of $((8,000)) 12,000 per license.

     (3) Offer process: The department will accept offers to sell beginning August 1st of each year and will purchase licenses based on the funds that are available on the following September 30th.

     (4) Selection process: The department will select licenses to be purchased beginning with the lowest offer to sell, and continuing until there are insufficient funds to purchase a complete offer. If two or more licenses are offered at the same price, selection will be by random draw.

     (5) License reduction process: Upon selection, the department will issue a warrant to the license holder in the amount of the offer. On the date the warrant is mailed to the mailing address of the license holder as shown in their department licensing file, the department will void the license. Upon receipt of the warrant, the license holder is to return the license cards to the department.

     (6) No prohibition on reentry: License holders who sell a license under the program may reenter the sea cucumber commercial fishery.

     (7) Program termination: This program terminates when the number of sea cucumber commercial fishery licensees is reduced to twenty-five.

[Statutory Authority: RCW 77.12.047. 02-17-014 (Order 02-184), § 220-95-110, filed 8/9/02, effective 9/9/02; 02-01-069 (Order 01-274), § 220-95-110, filed 12/14/01, effective 1/14/02.]

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