WSR 13-10-074

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed April 30, 2013, 2:59 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 13-05-046 on February 13, 2013.

Title of Rule and Other Identifying Information: WAC 220-95-100 Sea urchin license reduction program and

220-95-110 Sea cucumber license reduction program.

Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98504, on June 7-8, 2013, at 8:30 a.m.

Date of Intended Adoption: June 7-8, 2013.

Submit Written Comments to: Richard Childers, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Rich.childers@dfw.wa.gov, fax (360) 902-2943, by May 26, 2013.

Assistance for Persons with Disabilities: Contact Tami Lininger by May 26, 2013, (360) 902-2207 or TTY 1-800-833-6388.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to change the date on which the agency will begin accepting sales offers for commercial sea urchin and commercial sea cucumber licenses. The agency will purchase these licenses as part of for the ongoing license reduction programs for these fisheries. The proposal also seeks to change the date of funds availability when the agency purchases licenses. Finally, the proposal delegates authority to the director or his designee for setting the maximum purchase price of licenses. The anticipated effect of the proposal is that these buy-back programs will be optimized to promote program participation and efficient fund use.

Reasons Supporting Proposal: The proposed amendments to these rules will promote sales of licenses back to the agency to meet license reduction program goals. The proposal is supported by current license holders within these fisheries to optimize the programs.

Statutory Authority for Adoption: RCW 77.04.020, 77.12.047, 77.70.150, and 77.70.190.

Statute Being Implemented: RCW 77.04.020, 77.12.047, 77.70.150, and 77.70.190.

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

Name of Proponent: Washington department of fish and wildlife (WDFW), governmental.

Name of Agency Personnel Responsible for Drafting: Richard Childers, 1000 Point Whitney Road, Brinnon, WA 98320, (360) 301-2626; Implementation: James Scott, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street S.E., Olympia, WA 98504, (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, Recordkeeping, and Other Compliance Requirements of the Proposed Rule: This proposal contains no requirements for small businesses. This is a license buy-back program that allows owners of commercial sea-urchin and sea-cucumber permits to make offers to sell their licenses back to WDFW.

2. Kinds of Professional Services That a Small Business Is Likely to Need in Order to Comply with Such Requirements: None - these rule changes propose to amend the dates for an existing license buy-back program.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: No costs are associated with compliance of this proposal.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No.

5. Cost of Compliance for the Ten Percent 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:

1. Cost per employee;

2. Cost per hour of labor; or

3. Cost per one hundred dollars of sales.

There are no anticipated 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: There are no anticipated costs of compliance.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The agency has facilitated significant discussion with current license holders in the commercial sea cucumber and sea urchin fisheries regarding the proposal. The industry consensus for both fisheries is that the proposal will optimize the license buy-back program and promote the achievement of program goals.

8. A List of Industries That Will Be Required to Comply with the Rule: The industry that is required to comply with these rules is composed of all current commercial sea urchin and sea cucumber license holders who seek to sell their license in ongoing license reduction programs.

A copy of the statement may be obtained by contacting Richard Childers, 1000 Point Whitney Road, Brinnon, WA 98320, phone (360) 301-2626, fax (360) 902-2943, e-mail rich.childers@dfw.wa.gov.

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

April 30, 2013

Lori Preuss

Rules Coordinator

OTS-5305.2


AMENDATORY SECTION(Amending Order 12-140, filed 7/10/12, effective 8/10/12)

WAC 220-95-100   Sea urchin license reduction program.   In order to provide for economic stability in the commercial sea urchin fishery, and in accordance with RCW 77.70.150, the department establishes the sea urchin license reduction program (program).

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

(2) Offer process: The department will accept sales offers beginning ((August)) December 1st of each year and will purchase licenses based on the funds that are available on ((September 30th)) January 31st of ((that same)) the following year.

(3) Selection process: The department will rank sales offers from the lowest offer to the highest. It will purchase the lowest-cost licenses first, then the next lowest, and continue until there are insufficient funds to complete a purchase on an offer. If two or more licenses are offered at the same price, selection will be by random draw. To purchase licenses, the department will use the funds made available under RCW 77.70.150, with a maximum purchase price ((of twenty thousand dollars per license)) set by the director or his or her designee. The director or his or her designee must seek the advice of commercial sea urchin fishery license holders prior to setting or revising the maximum purchase price. Once the director or his or her designee establishes or revises the maximum bid price, he or she will convey the price via emergency rule by November 1st of each year.

(4) License reduction process: When the department purchases a license, it will issue a warrant (a check from the department) in the amount of the offer to the license holder. On the date that the department mails the warrant to the license holder's mailing address on file with the department, it will void the license. When the license holder receives the warrant, he or she must return his or her commercial sea urchin license cards to the department.

(5) No prohibition on reentry: License holders who sell a license under the program may reenter the sea urchin commercial fishery if they purchase a license.

(6) Program termination: This program terminates when the number of sea urchin commercial fishery licensees is reduced to twenty.

[Statutory Authority: RCW 77.12.047, 77.70.150, and 77.70.190. 12-15-019 (Order 12-140), 220-95-100, filed 7/10/12, effective 8/10/12. Statutory Authority: RCW 77.12.047. 07-11-110 (Order 07-88), 220-95-100, filed 5/18/07, effective 6/18/07; 02-17-014 (Order 02-184), 220-95-100, filed 8/9/02, effective 9/9/02; 02-01-069 (Order 01-274), 220-95-100, filed 12/14/01, effective 1/14/02.]


AMENDATORY SECTION(Amending Order 12-140, filed 7/10/12, effective 8/10/12)

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 by the department.

(2) Offer process: The department will accept sales offers beginning ((August)) December 1st of each year and will purchase licenses based on the funds that are available on ((September 30th)) January 31st of ((that same)) the following year.

(3) Selection process: The department will rank sales offers from the lowest offer to the highest. It will purchase the lowest-cost licenses first, then the next lowest, and continue until there are insufficient funds to complete a purchase on an offer. If two or more licenses are offered at the same price, selection will be by random draw. To purchase licenses, the department will use the funds made available under RCW 77.70.190, with a maximum purchase price ((of sixty thousand dollars per license)) set by the director or his or her designee. The director or his or her designee must seek the advice of commercial sea cucumber fishery license holders prior to setting or revising the maximum purchase price. Once the director or his or her designee establishes or revises the maximum bid price, he or she will convey the price via emergency rule by November 1st of each year.

(4) License reduction process: When the department purchases a license, it will issue a warrant (a check from the department) in the amount of the offer to the license holder. On the date that the department mails the warrant to the license holder's mailing address on file with the department, it will void the license. When the license holder receives the warrant, he or she must return his or her commercial sea cucumber license cards to the department.

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

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

[Statutory Authority: RCW 77.12.047, 77.70.150, and 77.70.190. 12-15-019 (Order 12-140), 220-95-110, filed 7/10/12, effective 8/10/12. Statutory Authority: RCW 77.12.047. 07-11-110 (Order 07-88), 220-95-110, filed 5/18/07, effective 6/18/07; 05-17-027 (Order 05-170), 220-95-110, filed 8/5/05, effective 9/5/05; 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.]