WSR 18-01-093 PROPOSED RULES DEPARTMENT OF FISH AND WILDLIFE [Filed December 18, 2017, 1:01 p.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-21-053 on October 13, 2017. Title of Rule and Other Identifying Information: The department is amending WAC 220-340-500 as it relates to the requirement to maintain footrope lighting devices on shrimp nets as recommended by the federal National Marine Fisheries Service Eulachon Recovery Plan. Hearing Location(s): On February 9-10, 2018, at 8:00 a.m., at the Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98501. Date of Intended Adoption: March 17, 2018. Submit Written Comments to: Scott Bird, Washington Department of Fish and Wildlife (WDFW), Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, email Rules.Coordinator@dfw.wa.gov, fax 360-902-2155, by February 1, 2018. Assistance for Persons with Disabilities: Contact Delores Noyes, phone 360-902-2349, TTY 360-902-2207, email Delores.Noyes@dfw.wa.gov, by January 30, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending its rules based on the formal recommendations of the federal National Marine Fisheries Service Eulachon Recovery Plan in order to reduce the bycatch of eulachon smelt which is listed under the Endangered Species Act as a threatened species. Reasons Supporting Proposal: The reason is based on the recommendation of the federal National Marine Fisheries Service Eulachon Recovery Plan.
Statute Being Implemented: None. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: WDFW, governmental. Name of Agency Personnel Responsible for Drafting and Implementation: Dan Ayres, 48 Devonshire Road, Montesano, WA 98563, 360-249-4628; and Enforcement: Chief Steve Bear, 1111 Washington Street, Olympia, WA 98501, 360-902-2373. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. The proposed rule changes do not affect hydraulics. The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The analysis is based on the cost to individual boat owners/operators of following the rule once it is implemented. The rule requires the use of LED lights on shrimp trawl gear which individually costs approximately $1,300 per net. Based on local revenues for the shrimp trawling industry, this is a de minimis cost to boat owners/operators during an average season. December 18, 2017 Scott Bird Rules Coordinator
AMENDATORY SECTION (Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-340-500 Commercial ocean pink shrimp trawl fishery—Coastal waters.
It is unlawful to fish for, possess or deliver ocean pink shrimp taken for commercial purposes from the waters of the Exclusive Economic Zone, except as provided for in this section:
Area
(1) It is unlawful to fish for ocean pink shrimp within the territorial boundaries of the state. A violation of this subsection is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
Season
(2) It is unlawful to fish for, take, or possess on board a fishing vessel, pink shrimp, except during the following time: The open season for trawl gear is April 1 through October 31 of each year. A violation of this subsection is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
Gear
(3) It is unlawful to fish with trawl gear for pink shrimp for commercial purposes unless an approved by-catch reduction device is used in each net. A by-catch reduction device, also known as a finfish excluder, uses a rigid panel or grate of narrowly spaced bars to guide fish out of an escape hole forward of the panel, generally in the top of the net. An approved by-catch reduction device must meet the following criteria:
(a) The exterior circumference of the rigid panel must fit completely within the interior circumference of the trawl net;
(b) None of the openings between the bars in the rigid panel may exceed 0.75 inches;
(c) The escape hole must, when spread open, expose a hole of at least 100 square inches; and
(d) The escape hole must be forward of the rigid panel and must begin within four meshes of the furthest aft point of attachment of the rigid panel to the net.
(4) It is unlawful to modify by-catch reduction devices in any way that interferes with their ability to allow fish to escape from the trawl, except as provided by special gear permit as described in subsection (5) of this section.
(5) Testing of by-catch reduction devices is allowed by special gear permit only, consistent with the terms and conditions of the permit.
(6) It is unlawful to remove trawl gear from the vessel prior to offloading shrimp without advance notification to WDFW enforcement. To provide advance notification, contact 360-902-2936, and then press zero when the recording begins.
(7) It is unlawful to fish with trawl gear for pink shrimp for commercial purposes unless footrope lighting devices that have been approved by the department are used in each net. A list of approved footrope lighting devices is available from the department. Footrope lighting devices must meet the following criteria:
(a) Lighting devices must be operational;
(b) Lighting devices must be securely attached within six inches of the forward leading edge of the bottom panel of trawl netting; and
(c) Each trawl net must have a minimum of five lighting devices, spaced four feet apart in the central sixteen feet of each net.
(8) It is unlawful to modify footrope lighting devices or device placement on the footrope in any way inconsistent with subsection (7)(c) of this section, except as provided by special gear permit as described in subsection (9) of this section.
(9) Testing of footrope lighting devices or placement on the footrope is allowed by special gear permit only, consistent with the terms and conditions of the permit.
(10) A violation of subsections (3) through (6) of this section is punishable under RCW 77.15.520, Commercial fishing—Unlawful gear or methods—Penalty.
(((8))) (11) It is unlawful to land or deliver pink shrimp to an original receiver that exceeds the following count per pound restriction: The count per pound must average no more than 160 shrimp per pound for a minimum of two samples, increasing at a rate of one sample per one thousand pounds landed or in possession, up to a maximum requirement of twenty samples. Such samples shall consist of at least one pound each of whole, unbroken shrimp taken at random from throughout the individual load landed or in possession. This landing restriction shall apply only to loads of 3,000 pounds of shrimp or more. A violation of this subsection is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
Incidental catch
(((9))) (12) It is unlawful to take salmon incidental to any shrimp trawl fishery.
(((10))) (13) It is unlawful to retain any bottomfish species taken incidental to any shrimp trawl fishery, except as provided for in WAC 220-355-100.
(((11))) (14) It is unlawful to retain any species of shellfish, except that it is permissible to:
(a) Retain up to 50 pounds round weight of other shrimp species taken incidentally in the ocean pink shrimp fishery; and
(b) Retain octopus or squid.
(((12))) (15) A violation of subsections (((9) through (11))) (12) through (14) of this section is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
License
(((13))) (16) An ocean pink shrimp delivery license is required to operate the gear provided for in this section, and it allows the operator to retain shrimp taken in the waters of the Exclusive Economic Zone.
A violation of this subsection is punishable under RCW 77.15.500, Commercial fishing without a license—Penalty.
Permit
(((14))) (17) It is unlawful to fish for, retain, land, or deliver shrimp taken with trawl gear without a valid shrimp trawl fishery permit.
(((15))) (18) It is unlawful to take, retain, land, or deliver any shrimp or groundfish taken with trawl gear without complying with all provisions of a shrimp trawl fishery permit.
(((16))) (19) A violation of subsection (((14) or (15))) (17) or (18) of this section is punishable under RCW 77.15.750.
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