WSR 06-19-022

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed September 11, 2006, 1:18 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-15-082.

Title of Rule and Other Identifying Information: Rules protecting green sturgeon, WAC 220-20-020 General provisions -- Lawful and unlawful acts -- Food fish other than salmon.

Hearing Location(s): Red Lion At The Quay, 100 Columbia Street, Vancouver, WA, on November 3-4, 2006, at 8:00 a.m.

Date of Intended Adoption: December 8-9, 2006.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail barkemwb@dfw.wa.gov, fax (360) 902-2944, by November 1, 2006.

Assistance for Persons with Disabilities: Contact Nancy Burkhart by October 19, 2006, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The federal government has listed green sturgeon under the Endangered Species Act (ESA) and these rule will provide increased protection to this listed species/stock of fish.

Reasons Supporting Proposal: Proposal acts to maintain existing commercial fishing opportunities while requiring immediate release of green sturgeon. Protections provided will be a consideration in the federal examination of risks/impacts to this species recovery and the continued allowance of existing fisheries.

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: Morris W. Barker, 1111 Washington Street, Olympia, (360) 902-2826; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; 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.

Small Business Economic Impact Statement

1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: No record keeping required. Fishers will be required to release green sturgeon immediately unharmed.

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: None.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? Yes. Commercial sturgeon fishers will be required to release all green sturgeon caught. Green sturgeon represent 17% of the poundage, and only 2% of the value of sturgeon to Washington fishers. This has averaged 2,631 lbs. per year over the last six years for a value of $1863/yr. for all commercial fishers. The projected loss of revenue will be minor, and should have no significant impact to the fishing industry.

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.

There are no costs 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: The agency has implemented these rules in an attempt to comply with federal requirements while maintaining other fisheries where green sturgeon are impacted, thereby reducing the potential costs of losing all commercial fishing opportunity.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The fish and wildlife commission will conduct their public meeting process in proposing and considering these rules where testimony, both written and oral, is accepted for consideration.

8. A List of Industries That Will Be Required to Comply with the Rule: All commercial fishery gears that can impact this species of fish.

A copy of the statement may be obtained by contacting Morris W. Barker, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2826, fax (360) 902-2944, e-mail barkemwb@dfw.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. These rule proposals do not affect hydraulics.

September 11, 2006

Morris W. Barker

Rules Coordinator

OTS-9038.2


AMENDATORY SECTION(Amending Order 06-134, filed 6/13/06, effective 7/14/06)

WAC 220-20-020   General provisions -- Lawful and unlawful acts -- Food fish other than salmon.   (1) It is unlawful to fish for or possess for commercial purposes any round, undressed sturgeon less than 48 inches or greater than 60 inches in length.

(2) It is unlawful to fish for, possess, or retain green sturgeon taken with commercial gear. Any green sturgeon taken with any type of commercial gear incidental to a lawful fishery shall immediately be returned to the water unharmed.

(3) It is unlawful to fish for or possess for commercial purposes or possess aboard a commercial fishing vessel for any purpose any species of halibut (Hippoglossus) unless permitted by the current regulations of the International Pacific Halibut Commission.

(((3))) (4) It is unlawful to fish for or possess for commercial purposes sturgeon taken from any of the waters of Puget Sound or tributaries, and any sturgeon taken with any type of commercial gear incidental to a lawful fishery shall immediately be returned to the water unharmed.

(((4))) (5) It is unlawful to fish for food fish for commercial purposes in the waters of Shilshole Bay inland and inside a line projected in a southwesterly direction from Meadow Point to West Point.

(((5))) (6) It is unlawful to fish for or possess for commercial purposes any starry flounder less than 14 inches in length taken by any commercial gear, in all Puget Sound Marine Fish-Shellfish Areas.

(((6))) (7) It shall be unlawful to harvest herring eggs naturally deposited on marine vegetation or other substrate, unless a person has a permit issued by the director.

(((7))) (8) It is unlawful to fish for or possess carp taken for commercial purposes except as authorized by written permit from the director, except that carp taken incidental to a commercial fishery for other species may be retained for commercial purposes. Failure to comply with the provisions of the carp permit constitutes unlawful use of the carp commercial fishery license

(((8))) (9) It is unlawful to fin sharks in Washington state waters, and it is unlawful to possess shark fins in the field unless the carcass of the shark is retained, except that once a commercially taken shark carcass has been delivered to a licensed wholesale dealer or a person acting in that capacity, and the sale of the shark has been recorded on a fish receiving ticket, the shark fins need not be retained with the shark carcass.

[Statutory Authority: RCW 77.12.047. 06-13-024 (Order 06-134), 220-20-020, filed 6/13/06, effective 7/14/06; 06-07-045 (Order 06-39), 220-20-020, filed 3/9/06, effective 4/9/06; 02-23-002 (Order 02-278), 220-20-020, filed 11/6/02, effective 12/7/02; 02-02-049 (Order 01-286), 220-20-020, filed 12/27/01, effective 1/27/02; 00-17-106 (Order 00-149), 220-20-020, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 75.08.080. 00-01-103 (Order 99-215), 220-20-020, filed 12/16/99, effective 1/16/00; 98-15-031 (Order 98-120), 220-20-020, filed 7/7/98, effective 8/7/98; 97-07-043 (Order 97-51), 220-20-020, filed 3/14/97, effective 4/14/97; 95-23-020 (Order 95-166), 220-20-020, filed 11/8/95, effective 12/9/95; 93-14-042 (Order 93-54), 220-20-020, filed 6/29/93, effective 7/30/93. Statutory Authority: RCW 75.08.080 and 75.28.245. 90-07-003 (Order 90-17), 220-20-020, filed 3/8/90, effective 4/8/90. Statutory Authority: RCW 75.08.080. 90-06-045 (Order 90-15), 220-20-020, filed 3/1/90, effective 4/1/90; 80-09-072 (Order 80-69), 220-20-020, filed 7/18/80; 79-03-014 (Order 79-11), 220-20-020, filed 2/15/79; Order 77-147, 220-20-020, filed 12/16/77; Order 77-14, 220-20-020, filed 4/15/77; Order 76-148, 220-20-020, filed 12/2/76; Order 76-26, 220-20-020, filed 4/20/76; Order 1193-A, 220-20-020, filed 3/5/75; Order 1193, 220-20-020, filed 3/4/75; Order 1143, 220-20-020, filed 8/8/74; Order 1105, 220-20-020, filed 12/28/73; Order 1057, 220-20-020, filed 5/22/73; Order 1045, 220-20-020, filed 3/8/73; Order 988, 220-20-020, filed 4/28/72; Order 920, 220-20-020, filed 5/13/71; Order 862, 220-20-020, filed 4/16/70; Order 817, 220-20-020, filed 5/29/69; Order 810, 220-20-020, filed 4/17/69.]

Washington State Code Reviser's Office