WSR 07-08-023

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-49 -- Filed March 27, 2007, 11:55 a.m. , effective April 27, 2007 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The amendments to WAC 220-88C-030 Eligibility to participate in the coastal pilchard fishery, modify continuing participation provisions in the coastal pilchard (sardine) fishery to provide greater flexibility for fishers and to maintain eligibility to fish for pilchard in the face of changing market conditions.

Citation of Existing Rules Affected by this Order: Amending WAC 220-88C-030 (Amending Order 06-59, filed 4/3/06, effective 5/4/06).

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

Adopted under notice filed as WSR 07-03-032 on January 9, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 27, 2007.

J. P. Koenings

Director

OTS-9469.1


AMENDATORY SECTION(Amending Order 06-59, filed 4/3/06, effective 5/4/06)

WAC 220-88C-030   Eligibility to participate in the coastal pilchard fishery.   (1) Beginning in 2007, a coastal pilchard experimental fishery permit will be issued only to a natural person who:

(a) Held such a permit or held a replacement permit the previous year;

(b) ((Can demonstrate by valid Washington fish receiving tickets that at least forty metric tons cumulative weight of pilchard taken from Pacific Ocean waters were landed under the person's emerging commercial fishery license during the previous two calendar years;

(c))) Has purchased an emerging commercial fisheries license by April 1st; and

(((d))) (c) Has an ownership interest of at least fifty percent in the vessel designated on the emerging commercial fishery license.

(2) Coastal pilchard experimental fishery permits may be revoked by the director, and future permits denied by the director, for failure to comply with conditions specified in the permits or violation of other commercial fishing rules, and shall be revoked if the emerging commercial fishery license is suspended. A coastal pilchard experimental fishery permit will not be renewed if the emerging commercial fishery license is revoked or future fishing privileges of the licensee are suspended.

(3) The director may offer replacement permits, provided that the total number of permits issued by the director, including replacement permits, shall not exceed twenty-five.

(4) A coastal pilchard replacement permit will only be issued to a natural person who:

(a) Has an ownership interest of at least fifty percent in a vessel that was designated on a Washington coastal pilchard experimental fishery permit in 2004 or 2005; and

(b) ((Landed a minimum of 40 mt cumulative weight of pilchard into Washington using the designated vessel referenced in (a) of this subsection in 2004 and 2005; and

(c))) Has purchased an emerging commercial fisheries license by August 1, 2006.

(5) Coastal pilchard experimental fishery permits and replacement permits are only valid for the year issued and expire with the expiration of the emerging commercial fishery license.

(6) Replacement permit holders must designate a vessel in which the replacement permit holder has an ownership interest of at least fifty percent.

(7) Permit holders must designate a vessel to be used in the coastal pilchard emerging commercial fishery at least forty-eight hours before their first pilchard fishing trip of each season. Once designated, permit holders may not change vessel designation for the remainder of the season, except as provided in subsection (8) of this section in an emergency and then only if allowed by the director. The same vessel may not be designated on more than one emerging commercial fishery license and accompanying coastal pilchard experimental fishery permit.

(8) Vessel designation may be changed during the pilchard season provided that the designated vessel has not yet participated in the pilchard fishery during the current calendar year.

[Statutory Authority: RCW 77.12.047. 06-08-078 (Order 06-59), 220-88C-030, filed 4/3/06, effective 5/4/06; 05-08-056 (Order 05-53), 220-88C-030, filed 3/30/05, effective 4/30/05; 04-10-035 (Order 04-94), 220-88C-030, filed 4/29/04, effective 5/30/04; 03-13-002 (Order 03-111), 220-88C-030, filed 6/4/03, effective 7/5/03; 01-07-016 (Order 01-36), 220-88C-030, filed 3/13/01, effective 4/13/01.]

Washington State Code Reviser's Office