[Order 23-10—Filed July 26, 2023, 8:48 a.m.]

Preproposal statement of inquiry was filed as WSR 23-10-081 on May 2, 2023.

Title of Rule and Other Identifying Information: Amending coastal and Puget Sound recreational and commercial fixed gear fishery and implementing electronic monitoring for the coastal commercial Dungeness crab fishery.

Hearing Location(s): On September 28-30, 2023, at 8:00 a.m., at the Yakima Convention Center, 10 North 8th Street, Yakima, WA 98901; in person and online. Visit our website at https://wdfw.wa.gov/about/commission/meetings or contact the commission office at 360-902-2267 or email commission@dfw.wa.gov for instructions on how to join the meeting.

Date of Intended Adoption: October 26-28, 2023.

Submit Written Comments to: Heather Hall, P.O. Box 43200, Olympia, WA 98501, email crab-and-shellfish-rulemaking@PublicInput.com, website https://publicinput.com/crab-and-shellfish-rulemaking, phone comments 855-925-2801, project code 2872, by October 2, 2023.

Assistance for Persons with Disabilities: Contact Title VI/ADA compliance coordinator, phone 360-902-2349, TTY 1-800-833-6388 or 711, email Title6@dfw.wa.gov, by September 18, 2023.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed changes to regulations include both non-administrative and administrative amendments. The non-administrative changes are presented first followed by administrative changes. Each of the amended rules and their specific changes are listed below:

Installation and Use of Electronic Monitoring (WAC 220-340-420): Proposed rule changes would require the installation and use of an electronic monitoring (EM) system on vessels participating in Washington's nontribal coastal commercial Dungeness crab fishery. The EM system is a tool that enables the collection of more accurate and timely fishing information, thereby improving the Washington department of fish and wildlife's (WDFW) ability to ensure fishing is not occurring within closed areas, confirm that participants are not fishing before the opening of the crab season, confirm adherence to license-based or seasonal pot limits, and gather additional information that may aid in identifying instances of gear tampering.

Coastal Commercial Crab Logbook – Not Required with Operational EM (WAC 220-340-460): Proposed rule changes would eliminate the requirement for an operator in the coastal Dungeness crab fishery to maintain a paper logbook when an EM system is installed and fully operational on the vessel. A paper logbook would only be required when an EM system has failed. The effect of this change is to reduce the reporting burden on vessel operators.

Line Marking in Coastal Dungeness Crab Fishery (WAC 220-340-430): Proposed rule changes would specify that line-marking must be sufficient to identify it as being exclusive to the coastal Dungeness crab fishery and that the two 12-inch red marks, an existing line-marking requirement for coastal Dungeness crab fishery participants, be continuous. These proposed changes standardize line markings in the coastal Dungeness crab fishery and clarify that the line itself is to be marked for the full extent of the 12-inch span. These changes advance the intended purpose of line-marking to increase gear visibility in marine mammal entanglements and thus fishery attribution.

Prohibit Line Marks or Colors Required in Another Fishery (WAC 220-330-020, 220-340-430, 220-340-510, 220-340-520, and 220-360-220): Proposed rule changes would prohibit the use of line marks or color combinations in Washington fixed gear fisheries that are required for other state or federal fisheries. The effect of the proposed rule changes is to disallow fishers that currently do not and are not required to mark the fishing line from the marking line in a manner that is consistent with another fishery and to further support fishery-specific attribution of line in marine mammal entanglements.

Crab and Shrimp Buoys (WAC 220-330-020): Proposed changes would allow buoys to be submerged by a director-issued permit in personal use (i.e., recreational) fisheries.

Limit Line in Shellfish and Hagfish Fisheries to Amount Needed (WAC 220-330-020, 220-340-430, 220-340-510, and 220-340-520): Proposed rule changes would allow no more than the amount of line required to compensate for tides, currents, and weather in commercial and recreational fisheries for Dungeness crab and shrimp, and commercial hagfish. The change is necessary to standardize and implement fishing best practices consistent with reducing gear entanglements with marine mammals.

Standardize Crab and Shrimp Pot Buoy Colors (WAC 220-330-020, 220-340-430, and 220-340-520): Proposed rule changes would standardize and clarify buoy colors for recreational and commercial crab and shrimp pot gear. These changes standardize that buoys in the Puget Sound and coastal commercial crab fisheries may not be both red and white unless at least 30 percent of the buoy is marked in additional color(s). The proposed rule changes clarify that for commercial shrimp fisheries in Puget Sound, buoy color, already required to be orange, must be solid orange and for Puget Sound recreational shrimp pots, already required to be yellow, must be solid yellow. These proposed changes are consistent with the intent to support attribution of marine mammal entangled gear to a specific fishery.

Administrative Rule Changes:

Define a New Management Category for Nonspot Shrimp Species (WAC 220-320-015): Proposed rule changes would define a new management "non-spot shrimp" or pandalid complex to include shrimp species other than spot shrimp. The purpose for the change is to eliminate the need to list each nonspot shrimp species individually, thereby improving the clarity and brevity of the rule.

Require Annual Registration of Commercial Crab Buoy Color Schemes (WAC 220-340-430): Proposed rule changes would align Puget Sound and coastal commercial Dungeness crab fishery requirements and specify that crab fishery participants must complete buoy registration annually using the WDFW online registration form. Existing rules require the creation and registration of a unique buoy color scheme for each commercial license but do not specify a frequency.

Buoy Tags in Commercial Dungeness Crab Fisheries (WAC 220-340-430): Proposed rule changes would cap the number of buoy tags issued in the Puget Sound commercial crab fishery, limit the number of potential pots deployed to the current maximum pot limit of 100 per license, with no pot replacement. The proposed rule changes also streamline the reporting of derelict gear and issuance of replacement tags for commercial users, reduce waste, and reduce the possibility of issuing of a buoy tag for the wrong fishery.

Puget Sound Commercial Pot Shrimp (WAC 220-340-520): Proposed rule changes would clarify that the pot limit for commercial shrimp pot fisheries in Puget Sound are based on the fishery and gear type and are not per license limit. Additionally, the changes would limit fishing depth and align the rule with revised electronic fish ticket rules.

Puget Sound Commercial Crab and Shrimp Fishery Boundary Designations (WAC 220-320-120, 220-320-140, 220-340-455, and 220-340-530): Proposed rule changes would update Puget Sound commercial crab and shrimp fishery boundary designations. The purpose of the changes is to correct outdated boundary designations and add specially designated fishing areas.

Shellfish Harvest Logs (WAC 220-340-030): Proposed rule changes would correct and update logbook reporting requirements for Puget Sound and coastal commercial shellfish fisheries where logs are required by defining some rule elements separately either by fishery or region (i.e., Puget Sound or coast) and by deleting unnecessary requirements. The changes are needed to clarify rule language and align rule language with the implementation of mandatory electronic fish tickets and electronic monitoring.

Fish Receiving, Transportation Ticket, and Quick Reporting Revisions (WAC 220-352-060, 220-352-230, 220-352-340, and 220-340-420): Proposed rule changes would describe when and where electronic fish tickets must be submitted to the department, including provisions for when access to cellular broadband is not immediately available when the fish ticket is completed. The proposed changes would clarify applicability of transportation ticket requirements by including "shellfish" in the rule, improve transportation ticket information by requiring the WDFW-issued vessel identification number and date of harvest, and clarify transportation ticket requirements for crab removed from the vessel prior to landing in Puget Sound. Proposed rule changes clarify stored crab reporting and time frame, and sale reporting for stored crab.

Reasons Supporting Proposal: The adoption of these proposed rules will enhance fishery monitoring and clarify existing rules. Overall, these rule amendments will accomplish conservation objectives, advance achieving orderly fisheries, and improve the enforceability of current rules.

Installation and Use of Electronic Monitoring (WAC 220-340-420); Coastal Commercial Crab Logbook – Not Required with Operational EM (WAC 220-340-460): The EM system is necessary to ensure fishing is not occurring within closed areas, to monitor adherence to license-based and seasonal pot limits, and to collect spatial and temporal fishing data to inform management of the fishery, including addressing marine mammal interactions, particularly endangered humpback whales.

WDFW comanages the nontribal coastal commercial Dungeness crab fishery with the tribal governments whose usual and accustomed (U&A) fishing grounds are located on the outer coast of Washington state. As a comanager of the fishery, WDFW must ensure accurate reporting of where and when state-licensed fishermen are fishing, and that nontribal fishery participants do not cross into areas that are reserved for tribal fishing only. WDFW must also implement actions to reduce the entanglement of whales in Dungeness crab fishing gear. The EM system will more accurately identify the locations in which fishing gear is deployed thereby improving data inputs to models that estimate or predict the distribution and likelihood of cooccurrence. With this collected data, WDFW could consider management measures to reduce the amount of gear that could be deployed in areas of concern. Finally, implementation of EM systems will improve WDFW's ability to manage the fishery with respect to biotoxins (particularly domoic acid). With EM systems in place, WDFW would have the ability to manage biotoxin events using area closures to prohibit the fishery in discrete areas affected by biotoxins. Like other area management needs, the EM system ensures fishing around biotoxin restricted areas is enforceable and protects public health.

Line Marking in Coastal Dungeness Crab Fishery (WAC 220-340-430); Prohibit Line Marks or Colors Required in Another Fishery (WAC 220-330-020, 220-340-430, 220-340-510, 220-340-520, and 220-360-220); Crab and Shrimp Buoys (WAC 220-330-020); Limit Line in Shellfish and Hagfish Fisheries to Amount Needed (WAC 220-330-020, 220-340-430, 220-340-510, and 220-340-520); Standardize Crab and Shrimp Pot Buoy Colors (WAC 220-330-020 and 220-340-520): These regulatory changes enhance compliance with the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA). Large whales and marine turtles are among those species most affected by fishing gear entanglements, and these animals are federally protected. To address entanglement cases with marine mammals where the entangling gear is visible but cannot be used to confidently confirm the associated fishery, the National Marine Fisheries Service has indicated that lines and buoys marked in a way that is unique to each fishery would aid in achieving compliance with the MMPA and ESA. Marking supports positive attribution of gear to the fishery. Attribution can be improved by prohibiting a fishery from using marks/line colors required in another fishery; other coastal states have implemented or intend to implement a similar rule. These proposed changes to the rules clarify the requirements for unique line marks or buoy colors for Washington fisheries that use line and buoys as part of the gear configuration. These proposed changes also support reducing the amount of fishing line in the water, thereby reducing entanglement risk.

Administrative Rule Changes:

To effectively manage commercial and recreational shellfish fisheries, WDFW utilizes a variety of management measures relating to fishing area, gear, and catch reporting. As part of the proposed rule package, to improve management and enforcement capabilities, WDFW is also proposing administrative rule changes for coastal and Puget Sound recreational and commercial shellfish fisheries.

Define a New Management Category for Nonspot Shrimp Species (WAC 220-320-015): This rule proposal simplifies regulatory language, supporting improved compliance and enforcement.

Require Annual Registration of Commercial Crab Buoy Color Schemes (WAC 220-340-430): The rule change to require annual registration would ensure commercial buoy color schemes remain unique to each license and records are up-to-date such that lost or entangled gear can be associated with the owner. This rule change improves current buoy color registration practices and incorporates the use of an electronic buoy registration form to ensure that licensed harvesters are compliant with conservation plan requirements. The rule change proposal would also create a data source for enforcement to identify gear with gear owners. The rule change would advance efforts to further improve gear marking and aid in achieving compliance with the MMPA and ESA.

Buoy Tags in Commercial Dungeness Crab Fisheries (WAC 220-340-430): The proposed rule changes streamline the reporting of derelict gear and issuance of replacement tags for commercial users, reduce waste and costs by limiting the number of replacement tags that can be obtained, and minimizes the possibility of issuing of a buoy tag for use in the wrong fishery.

Puget Sound Commercial Pot Shrimp (WAC 220-340-520): The proposed rule change implements depth restrictions to limit interaction with nontarget species in the nonspot shrimp fishery per Puget Sound comanager shellfish agreements.

Puget Sound Commercial Crab and Shrimp Fishery Boundary Designations (WAC 220-320-120, 220-320-140, 220-340-455, and 220-340-530): The proposed rule changes provide improved guidance for commercial harvesters and dealer/buyers, aiding compliance.

Shellfish Harvest Logs (WAC 220-340-030): The proposed rule changes provide improved guidance for commercial harvesters and dealer/buyers, aiding compliance.

Fish Receiving, Transportation Ticket, and Quick Reporting Revisions (WAC 220-352-060, 220-352-230, 220-352-340, and 220-340-420): The proposed rule changes provide improved guidance for commercial harvesters and dealer/buyers, aiding compliance.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.013, 77.04.055, 77.12.045, and 77.12.047.

Statute Being Implemented: RCW 77.04.012, 77.04.013, 77.04.055, 77.12.045, and 77.12.047.

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

Name of Proponent: WDFW, governmental.

Name of Agency Personnel Responsible for Drafting: Lorna Wargo, 1111 Washington Street S.E., Olympia, WA, 360-581-5611; Implementation: Coast - Matt George, 48 Devonshire Road, Montesano, WA 98563, 360-249-4648; or Puget Sound - Katelyn Bosley, 375 Hudson Street, Port Townsend, WA 98368, 360-302-3030; and Enforcement: Chief Steve Bear, 1111 Washington Street S.E., Olympia, WA, 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. Under RCW 34.05.328(5), a cost-benefit analysis is not required for this rule as WDFW is not implementing chapter 77.55 RCW with this rule.

Scope of exemption for rule proposal:

The proposed rule does impose more-than-minor costs on businesses.

Small Business Economic Impact Statement (SBEIS)

An evaluation by WDFW determined that the rule requirement of the EM system is the only element that would result in costs to businesses. The other elements of the rule package are not expected to result in costs to businesses. Therefore, this evaluation of whether the proposed rule is likely to result in more than minor costs is focused on the EM system requirement of the rule proposal. Based on a range of annual revenues in the coastal Dungeness crab fishery, the analysis estimates a minor cost threshold of between $450 and $1,500 for affected businesses. The likely cost of complying with the proposed rule ranges from $1,830 to $2,045. As the businesses in the coastal commercial Dungeness crab fishery are almost exclusively small businesses (fewer than 50 employees), this analysis finds that the proposed rule would have a disproportionate cost impact on small businesses. WDFW has provided significant opportunities for stakeholder input during the development of the proposed rule making in over a period of four years. Based on stakeholder input, potential mitigation options to defray the costs to small businesses were identified. These include the cessation of the logbook requirements, allowing flexibility in the type of the EM unit purchased, coordinating EM unit purchases to take advantage of bulk pricing, and allowing fishermen to revert to use of paper logbooks in cases of EM system malfunction.

Executive Summary: WDFW is developing a proposed rule package that: (1) Would require the installation and use of an EM system on vessels participating in Washington's nontribal coastal commercial Dungeness crab fishery1; (2) clarifies existing line marking and buoy color requirements; (3) would prohibit fishing line color or marking in coastal and Puget Sound fixed gear fisheries in a manner that is specified in another fishery; and (4) proposes administrative clarifications to commercial and recreational shellfish fishery rules. This analysis considers whether the proposed rule would result in more-than-minor costs as defined by RCW 19.85.020; whether it would have a disproportionate cost impact on small businesses as identified by RCW 19.85.040; and options for reducing the costs to small businesses as directed by RCW 19.85.030.

Background: WDFW has identified a need for tools that can achieve accurate and timely accounting of effort (i.e., pots fished) by participants in the coastal commercial Dungeness crab fishery that include where, when, and how much fishing effort is occurring.2 This need stems from WDFW's authority to manage this fishery within both state and federal waters off Washington's coast. WDFW's responsibility includes ensuring compliance with state regulations, obligations associated with comanagement of the fishery with tribal governments, and ensuring the fishery operates in compliance with MMPA and ESA. EM can improve WDFW's management of the fishery by enabling more accurate and timely information collection to ensure fishing is not occurring within closed areas or areas otherwise off-limits to nontribal fishermen. The technology also allows WDFW to confirm that participants are not fishing prior to the opening of the season, are adhering to license-based or seasonal pot limits, and to gather additional information that may aid in identifying instances of gear tampering.

Large whales and marine turtles are among those species most affected by fishing gear entanglements, and these animals are federally protected under the MMPA and/or ESA. To address entanglement cases with marine mammals where the entangling gear is visible but cannot be used to confidently confirm the associated fishery, the National Marine Fisheries Service has indicated that lines marked in a way that is unique to each of the WDFW-managed crab fisheries would aid in achieving compliance with the MMPA and ESA. In 2020, the Washington fish and wildlife commission adopted a regulation that requires state coastal crab fishers to mark the lines associated with pots with 12 inches of red in at least two places; at the bottom within one fathom from the crab pot, and at the top within one fathom of the main buoy. Marking in this manner supports positive attribution of gear to the fishery. A long-term objective is to expand requirements for unique line marks or colors to other Washington fisheries that use line as part of the gear configuration. In the near-term, attribution can be improved by prohibiting a fishery from using marks/line colors required in another fishery; other coastal states have implemented or intend to implement a similar rule. To effectively manage commercial and recreational shellfish fisheries, WDFW utilizes a variety of management measures relating to fishing area, gear, and catch reporting. As part of the proposed rule package, to improve management and enforcement capabilities, WDFW proposes administrative rule changes for coastal and Puget Sound recreational and commercial shellfish fisheries.

Summary of Proposed Rule: WDFW is proposing a new rule for the Washington coastal commercial Dungeness crab fishery that would require installation and use of an EM system on all participating vessels. The proposed rule does not require use of a particular brand or model of system but identifies technical specifications that must be met by the system. These specifications include a data transmission "ping" rate of once every minute and use of a hydraulic pressure sensor set to record pressure readings once every 10 seconds. It further eliminates the requirement for maintaining and submitting paper logbooks, except in cases where someone is operating under a WDFW-approved exemption from the EM requirements due to system malfunction.

In addition, WDFW proposes modifications to existing rules across a suite of commercial and recreational shellfish fisheries in coastal waters and Puget Sound, and in the coastal trial commercial fishery for Pacific hagfish. These elements include a variety of other clarifications to simplify and enhance compliance with and enforcement of existing regulations and codify certain best practices that are already being implemented within fixed gear fisheries. These elements include the following:


•	Clarifying that the existing requirement of two 12-inch red marks on coastal Dungeness crab lines must be continuous;
•	Prohibiting the use of line marks or line color combinations in Washington fixed gear fisheries that are required for other state or federal fisheries3;
•	Describing a management category of a "non-spot shrimp" complex to reduce the need to list each species in the complex individually;
•	Specifying that the required creation and registration of a unique buoy color scheme for coastal and Puget Sound commercial Dungeness crab fishery participants must be completed annually;
•	Clarifying that for commercial shrimp fisheries in Puget Sound, buoy color, already required to be orange, must be solid orange and for Puget Sound recreational shrimp pots, already required to be yellow, must be solid yellow;
•	Standardizing recreational crab pot buoys color (red and white) for Puget Sound and the coast;
•	Codifying the best practice across multiple fixed gear fisheries to use no more than the amount of line required to compensate for tides, currents, and weather; and
•	Making several clarifying and simplifying changes for Puget Sound commercial crab and shrimp rules, including updates to outdated and/or incorrect boundary designations for commercial shellfish gear-specific management areas in Puget Sound, clarifying Puget Sound commercial logbook reporting requirements, updating commercial crab buoy tag replacement rules, and housekeeping clarifications stemming from electronic fish ticket implementation.

Need for an SBEIS: Chapter 19.85 RCW, Regulatory Fairness Act (RFA), requires that the relevant agency prepare an SBEIS if the proposed rule "will impose more than minor costs on businesses in an industry."4 "Minor cost" is defined in RCW 19.85.020 as a cost per business that is less than 0.3 percent of annual revenue or income, or $100, whichever is greater, or one percent of annual payroll.5 This analysis relies on revenue data to define the minor cost threshold, as this information is more readily available than payroll data.

An evaluation by WDFW determined that the EM component of the proposed rule is the only element that would result in costs to businesses. The other elements of the rule package are not expected to result in costs to businesses. Therefore, this evaluation of whether the proposed rule is likely to result in more-than-minor costs is focused on the EM component of the rule package.

Data provided by WDFW indicates that the average annual exvessel revenues derived from coastal commercial crabbing for the past five years per license is $277,060.6 However, all fishery participants interviewed described that activity in other fisheries also contributes to their business revenues. Interviewees identified a range of annual revenues of between $150,000 and $500,000 for an average business participating in both Dungeness crabbing and other fisheries.7 Based on this range of annual revenues, this analysis estimates a minor cost threshold of between $450 and $1,500 for affected businesses.8 Given costs of compliance between $1,830 to $2,045 (see below), the proposed rule is expected to result in more-than-minor costs to businesses, necessitating the development of an SBEIS.

Potentially Affected Businesses: The businesses affected by the EM element of the proposed rule include those that own and operate vessels that participate in the coastal commercial Dungeness crab fishery. These businesses include those that own or lease/fish any of the 223 valid limited entry commercial crab licenses. This analysis finds that up to 223 individual businesses may incur costs due to the proposed rule, as typically businesses own or lease a single license, and that generally these businesses are small (99.6 percent are small by Washington state's definition).

Cost of Compliance: The costs associated with installation and operation of an EM system include both start-up costs and costs that are incurred on a recurring basis (e.g., annually). These costs include the purchase and installation of the unit (start-up costs), the cost of a 5G cellular data plan, and the cost of maintenance (although maintenance costs would be covered by warranty in Year 1). The likely cost of complying with the rule ranges from $1,830 to $2,045 (Table 1) in start-up costs to purchase and install the equipment and pay for the first year of the data plan. In subsequent years, costs would be on the order of $450 to $600 for maintaining the system and the data plan. Differences between the low- and high-end estimates are based on three factors: (1) Whether the industry can organize to complete a bulk purchase of units to take advantage of bulk discount pricing; (2) whether the vessel owner elects to install the unit him/herself or pay a third party to complete the installation; and (3) whether the vessel owner signs on for a data plan covering only the crabbing season, or for a complete year of data service.

Table 1. Costs of Compliance:

Cost Element Per Unit	Cost in Year 1	Basis for Cost Range	Frequency of Cost
EM Unit	$935 - $975	Pricing provided by representative EM system manufacturer and vendor. Range represents individual unit price and price with bulk purchase discount.	Every 5-10 years
Installation	$0 - $300	Estimated based on industry interviews and estimate from representative EM system manufacturer and vendor. Range based on cost for vessel owner installation vs. use of a marine electrician/vendor-provided service technician (2-2.5 hours).	Every 5-10 years
Data Plan	$295 - $470	Pricing provided by representative EM system manufacturer and vendor. Range represents cost for crab season only vs. full year.	Annual
Maintenance	$0	Routine maintenance covered by warranty during first year. After Year 1, recommended annual system checks estimated by representative EM system manufacturer and vendor at $150.	Annual (after first year)
Total Cost in Year 1	$1,830 - $2,045		Year 1
Sources: 1. Interviews with industry representatives. 2. Price information provided by Archipelago Marine Research Ltd. via email to IEc, May 2, 2023.

Summary Findings: Given the minor cost threshold of $450 to $1,500, the compliance costs of the proposed rule are likely to be more than minor for businesses in the industry. As the businesses in the coastal commercial Dungeness crab fishery are almost exclusively small businesses (fewer than 50 employees), this analysis finds that the proposed rule would have a disproportionate cost impact on small businesses. Given this finding, this analysis identifies potential mitigation options to defray the costs to small businesses. These include identifying technical specifications that allow for the cessation of the logbook requirements, allowing flexibility in the type of unit purchased, coordinating unit purchases to take advantage of bulk pricing, and allowing fishermen to revert to use of paper logbooks in cases of EM system malfunction.

CHAPTER 1 - Introduction: This report evaluates the potential costs to businesses of compliance with WDFW proposed rule that codifies a requirement for installation and use of an EM system on all vessels participating in the nontribal coastal commercial Dungeness crab fishery9, implements a variety of other clarifications to simplify and enhance compliance with and enforcement of existing regulations, and codifies certain best practices that are already being implemented within fixed gear fisheries. This SBEIS was developed in accordance with RFA to determine whether the proposed rule would result in more-than-minor costs as defined by RCW 19.85.020; whether it would have a disproportionate cost impact on small businesses as identified by RCW 19.85.040; and options for reducing the costs to small businesses as directed by RCW 19.85.030. The primary sources of information for this analysis include the following:


•	Information gathered through outreach to businesses that would incur costs under the proposed rule, including those that have participated in a pilot program to test EM systems, and others with no prior experience using EM systems;
•	Pricing information from the manufacturer and vendor of one system that would meet WDFW's technical specifications laid out in the proposed rule;10 and
•	Dungeness crab fishery license and exvessel revenue data provided by WDFW.

1.1 Need for the Rule: WDFW has identified a need for tools that can achieve accurate and timely accounting of effort by participants in the coastal Dungeness crab fishery that include where, when, and how much fishing effort is occurring.11 This need stems from WDFW's authority to manage this fishery within both state and federal waters off Washington's coast. This responsibility includes ensuring compliance with WDFW's own regulations, obligations associated with comanagement of the fishery with tribal governments, and ensuring the fishery operates in compliance with MMPA and ESA.

Management of this fishery requires that WDFW be able to effectively and efficiently enforce regulations that dictate where and when fishing can occur, and the level of effort in terms of number of pots fished. EM can improve WDFW's ability to enforce its regulations by enabling collection of more accurate and timely information to ensure fishing is not occurring within closed areas, confirm that participants are not fishing prior to the opening of the season, confirm adherence to license-based or seasonal pot limits, and gather additional information that may aid in identifying instances of gear tampering.

WDFW comanages the fishery with the tribal governments whose U&A fishing grounds are located on the outer coast of Washington. As a comanager of the fishery, WDFW must ensure accurate reporting of where and when state-licensed fishermen are fishing, and that nontribal fishery participants do not cross into areas that are reserved for tribal fishing only.

WDFW must also implement actions to reduce the entanglement of whales in Dungeness crab fishing gear. The EM system will more accurately identify the locations in which fishing gear is deployed thereby improving data inputs to models that estimate or predict the distribution and likelihood of cooccurrence. With such information, WDFW could consider management measures to reduce the amount of gear that could be deployed in areas of concern.

Finally, implementation of EM systems will improve WDFW's ability to manage the fishery with respect to biotoxins (particularly domoic acid). Specifically, a biotoxin event could result in a complete closure of the fishery but biotoxins don't always affect the entire coast. With EM, WDFW would have the ability to manage biotoxin events using area closures to prohibit the fishery in discrete areas affected by biotoxins. Like other area management needs, EM ensures fishing around biotoxin-restricted areas is enforceable and protects public health.

WDFW is also proposing regulatory changes to enhance compliance with ESA and MMPA. Large whales and marine turtles are among those species most affected by fishing gear entanglements, and these animals are federally protected under the MMPA and/or ESA. To address entanglement cases with marine mammals where the entangling gear is visible but cannot be used to confidently confirm the associated fishery, the National Marine Fisheries Service has indicated that lines marked in a way that is unique to each of the WDFW-managed crab fisheries would aid in achieving compliance with the MMPA and ESA. In 2020, the Washington fish and wildlife commission adopted a regulation that requires state coastal crab fishers to mark the lines associated with each of their pots with 12 inches of red in at least two places; at the bottom within one fathom from the crab pot, and at the top within one fathom of the main buoy. Marking in this manner supports positive attribution of gear to the fishery. A long-term objective is to expand requirements for unique line marks or colors to other Washington fisheries that use line as part of the gear configuration. In the near-term, attribution can be improved by prohibiting a fishery from using marks/line colors required in another fishery; other coastal states have implemented or intend to implement a similar rule.

1.2 Summary of the Proposed Rule: The proposed rule requires installation and use of an EM system on vessels participating in the Washington coastal commercial Dungeness crab fishery. The proposed rule does not specify a particular brand or model of system that would be required, but instead, identifies technical specifications that must be met by the system. These specifications include a data transmission "ping" rate of once every minute, and use of a hydraulic pressure sensor set to record pressure readings once every 10 seconds. The proposed rule does not include a requirement for video monitoring, nor does it require the use of an electronic logbook. Finally, the proposed rule eliminates the requirement for completion and submission of a paper logbook, except where a vessel is operating under an exemption of the EM system requirements.

In addition, WDFW proposes modifications to existing rules across a suite of commercial and recreational shellfish fisheries in coastal waters and Puget Sound, and in the coastal trial commercial fishery for Pacific hagfish. For commercial and recreational fixed gear fisheries in Puget Sound and noncrab fixed gear fisheries in the Pacific Ocean, this includes a requirement to use only the length of line necessary to compensate for tides, currents, and weather.

As previously described, coastal Dungeness crab lines must include two 12-inch red marks. The proposed rule clarifies that the red mark must be continuous.12 The proposed rule would also prohibit the use of line marks or line color combinations in Washington fixed gear fisheries that are required for other state or federal fisheries.13

To simplify rule making, WDFW is proposing a new definition that describes a management category of shrimp species. Currently, there are six species of "non-spot shrimp" classified in Washington regulations and one spot shrimp that support significant recreational and commercial fisheries. The rule would define a "non-spot shrimp" complex and thereby reduce the need to list each species in the complex individually.

Establishing fishery-specific colors for buoys is a common management tool for pot gear fisheries. Participants in the commercial Dungeness crab fishery are already required to create and register a unique buoy color scheme. However, the current rule is silent on the frequency with which buoy color schemes are to be registered. The proposed rule adds clarity by specifying an annual registration. The rule also clarifies that for commercial shrimp fisheries in Puget Sound, buoy color, already required to be orange, must be solid orange. A similar change for Puget Sound recreational shrimp pots specifies buoys must be solid yellow. The proposed rule also standardizes recreational crab pot buoy color (red and white) for Puget Sound and the coast.

The proposed rule package also includes several simplifying and clarifying rule changes for Puget Sound commercial crab and shrimp rules. These changes include updates to outdated and/or incorrect boundary designations for commercial shellfish gear-specific management areas in Puget Sound, clarifying Puget Sound commercial logbook reporting requirements, and updating Puget Sound commercial crab buoy tag replacement rules.

1.3 Proposed Rule Elements Resulting in Costs to Businesses: Of the elements included within the proposed rule package, the requirements for installation and use of an EM system in the coastal commercial Dungeness crab fishery alone are expected to result in costs to businesses. These costs are identified and evaluated in detail in Chapter 2. Other rule components generally consist of clarifying existing regulations or codifying commonly implemented best practices. Compliance with these rule components is unlikely to result in costs. Table 2 identifies those rule elements that are not expected to result in costs to businesses and describes the basis for that conclusion.

The rule proposal requiring commercial Dungeness crabbers to register their buoy color schemes annually potentially affects crabbers that have previously only had to register buoys infrequently to maintain a unique color scheme associated with their license. However, to offset the impact of annual reporting, WDFW has developed an electronic form that replaces the more cumbersome existing process of attaching a photo to an email or mailing in a hard copy picture, resulting in no net costs associated with this element. Likewise, the rule elements specifying buoy colors across several recreational and commercial fisheries aligns regulations with long-standing practice in these fisheries and WDFW expects very few if any participants would need to replace existing gear to comply with the proposed rule. The proposed logbook rule reduces reporting requirements, and the buoy tag replacement rule shifts reporting from paper to an electronic form. Thus, the cost of compliance is either reduced or neutral for affected commercial fishers.

Table 2. Rule Elements Not Expected to Generate Costs to Businesses:

Proposed Rule Elements	Relevant Fisheries	Costs to Businesses
Fishers must use only the amount of line necessary to compensate for tides, currents, and weather.	Recreational Crab, Shrimp, and Crawfish Fisheries Puget Sound Commercial Dungeness Crab Fishery Commercial Shrimp Pot Fishery—Puget Sound Commercial Ocean Shrimp Pot Fishery Trial Commercial Hagfish Fishery	Rule element aligns regulations with long-standing practice in these fisheries.
It is unlawful to use gear that has one or more line marks consistent with requirements for any state or fed managed commercial fishery (in the United States) in the state waters of Washington, Oregon, or California.	Recreational Crab, Shrimp, and Crawfish Fisheries Coastal Commercial Dungeness Crab Fishery Commercial Shrimp Pot Fishery—Puget Sound Commercial Ocean Spot Shrimp Pot Fishery Trial Commercial Hagfish Fishery	Rule element intended to preemptively prevent future conflicts when state line marking regulations are implemented.
There must be at least 12 inches of continuous red marks on every line in at least two places no more than one fathom from the main buoy and from the pot.	Coastal Commercial Dungeness Crab Fishery	Rule element clarifies existing regulation and is intended to correct future misinterpretation. Fishers are generally in compliance with the intent of the current regulation.
Recreational shrimp buoys must be solid yellow or solid fluorescent yellow. Commercial shrimp pot fishery in the Puget Sound buoys must be solid orange.	Recreational Crab, Shrimp, and Crawfish Fisheries Commercial Shrimp Pot Fishery—Puget Sound	Rule element aligns regulations with long-standing practice in these fisheries and WDFW expects very few if any participants would need to replace existing gear to comply with the proposed rule.
Buoys in the Puget Sound or coastal commercial crab fisheries can't be both red and white in color unless a minimum of 30 percent of the surface is also marked with another color(s) other than red or white.	Coastal Commercial Dungeness Crab Fishery Puget Sound Commercial Dungeness Crab Fishery	No additional costs as red and white buoys are not widely used in these fisheries.
The license holder must register the buoy brand and buoy color(s) to be used with the license annually.	Coastal Commercial Dungeness Crab Fishery Puget Sound Commercial Dungeness Crab Fishery	Crabbers that have previously only had to register buoys infrequently to maintain a unique color scheme will have to increase the frequency of their registration. However, costs will be offset by implementation of a mobile app that replaces the more cumbersome existing process of attaching a photo to an email or mailing in a hard copy picture. The net costs of this rule element are zero.
Clarifying and simplifying changes including updates to outdated and/or incorrect boundary designations for commercial shellfish gear-specific management areas in Puget Sound, clarifying Puget Sound commercial logbook reporting requirements, and updating commercial crab buoy tag replacement rules.	Recreational Crab, Shrimp, and Crawfish Fisheries Coastal Commercial Dungeness Crab Fishery Puget Sound Commercial Dungeness Crab Fishery Commercial Shrimp Pot Fishery—Puget Sound Commercial Ocean Spot Shrimp Pot Fishery	Rule element clarifies and simplifies existing regulations and would not result in changes in behavior or associated costs.

1.4 Requirement for Developing an SBEIS: RFA requires that the relevant agency prepare an SBEIS if the proposed rule "will impose more than minor costs on businesses in an industry."14 "Minor cost" is defined in RCW 19.85.020 as a cost per business that is less than 0.3 percent of annual revenue or income, or $100, whichever is greater, or one percent of annual payroll.15 This analysis relies on revenue data to define the minor cost threshold, as this information is more readily available than payroll data.

As described previously, WDFW has found that the EM component of the proposed rule is the only element that would result in costs to businesses; the other rule proposals in the package are not expected to result in costs to businesses. Therefore, the evaluation of whether the proposed rule is likely to result in more-than-minor costs is focused on the EM component of the rule package and the industry expected to incur costs as a result of the rule.

The estimate for average annual revenues for businesses in the coastal commercial Dungeness crab industry is based on exvessel revenue data provided by WDFW and information provided by industry representatives. Data provided by WDFW indicates that the average annual exvessel revenues derived from coastal commercial crabbing only for the past five years per license is $277,060.16 However, all fishery participants interviewed described that fishing activity in other fisheries also contributes to the revenues of their business. Interviewees identified a range of annual revenues of between $150,000 and $500,000 for an average business participating in both Dungeness crabbing and other fisheries.17 Based on this range of annual revenues, this analysis estimates a minor cost threshold of between $450 and $1,500 for affected businesses (Table 3).18 As described in Section 2.2, the likely cost of complying with the proposed rule ranges from $1,830 to $2,045. These costs are identified as more than minor, requiring development of an SBEIS.

CHAPTER 2 - Small Business Impacts: This chapter evaluates the potential economic impacts of the proposed rule on small businesses in Washington state. The requirements for the SBEIS are included in RCW 19.85.30 [ 19.85.030] and 19.85.040.19 This analysis also utilizes the guidance and resources provided by Washington state's office for regulatory innovation and assistance (ORIA).20Per the SBEIS Frequently Asked Questions guidance, agencies are required to consider "costs imposed on businesses and costs associated with compliance with the proposed rules."21Agencies are not required under RFA to consider indirect costs not associated with compliance with the rule.22

As outlined in RFA and in accordance with other guidance and best practices, this SBEIS addresses the following questions:23,24,25

The sections that follow address each of these questions.


•	What are the industries and universe of businesses that may incur costs as a result of this rule?
•	What are the likely costs of the rule to those businesses?
•	Are the costs resulting from the rule anticipated to be more than minor?
•	Will the rule disproportionately affect small businesses?
•	What steps has the agency taken to reduce the costs of the rule on small businesses?
•	How has the agency involved small businesses in the development of the rule?
•	How many jobs may be created or lost as a result of compliance with the rule?

2.1 Potentially Affected Small Businesses: As described in Chapter 1, the proposed rule includes minor changes and clarifications to existing rules which will help stakeholders better understand regulations. These other rule elements are not expected to result in additional costs. As such, this section focuses on the EM element of the proposed rule.

The universe of businesses affected by the proposed rule include those engaged in the nontribal commercial harvest of Dungeness crab on the Washington coast. These businesses fall within the North American Industry Classification System (NAICS) code 114112, Shellfish Fishing.26 However, as this code includes a substantial number of other types of fisheries and businesses (e.g., oyster, clam, shrimp), the number of businesses identified under this code is not representative of the affected industry. A more accurate identification of potentially affected small businesses considers more specifically those businesses participating in the coastal nontribal Dungeness crab fishery.

The coastal Dungeness crab fishery is a limited entry fishery with a hard cap of 223 licenses.27 Some of these licenses are fished by the license holder while others are leased to other individuals who generally fish the license using their own vessel.28 Industry representatives identified that it is most likely the vessel owner, rather than the license owner, that would incur the costs of installation, maintenance, and operation of an EM system.29

Identification of the number of small businesses affected by the proposed rule is complicated by the fact that data are not available to identify the number or ownership of vessels that participate in the fishery. As such, we rely on license data provided by WDFW and information provided by industry representatives to make a conservative assumption regarding the number of businesses potentially affected by the rule. Interviews with industry participants suggest that most businesses within the industry that own or lease a Dungeness crab license own a single vessel that would require the EM system described in the proposed rule.30 As such, this analysis assumes that each license is associated with a single vessel that represents a business affected by the rule, and that each license is likely to be fished at some point in the years following regulation. Accordingly, we anticipate 223 businesses would be affected by the rule, as shown in Table 3.31

Small businesses are defined as those that employ less than 50 people. Industry representatives indicate that affected businesses (i.e., vessel owners) may employ between one and three crew seasonally and, therefore, all would be considered small businesses, with one exception. Pacific Seafood is the owner of at least one vessel that participates in this fishery and would be a business affected by the proposed rule. As a company with upwards of 3,000 employees, Pacific Seafood is defined as a large business by the state's definition.23,33

Table 3. Number of Affected Small Businesses and Minor Cost Threshold:

	Number of Licenses1	Number of Businesses2	Number of Businesses that are Small	Percent of Businesses that are Small	Average Annual Revenues	Minor Cost Threshold
Total	223	223	222	99.6%	$150,000 - $500,000	$450 - $1,500
Notes: 1. License data provided by WDFW via secure server on April 25, 2023. 2. Number of businesses based on assumption that each license is associated with a single vessel and single business.

2.2 Cost of Compliance: Consistent with RCW 19.85.030 (1)(a), this analysis evaluates the relevance of the following potential categories of costs to comply with the proposed rule:

The costs associated with installation and operation of an EM system include both start-up costs, and costs that are incurred on a recurring basis (e.g., annually). As such, costs of the EM system will differ depending on which year is being observed for cost estimates. This analysis considers the costs that would be incurred during the first year of operation which is expected to be the year of greatest compliance costs. The costs of the proposed rule are summarized in [no further information supplied by agency].


•	Reporting, recordkeeping, and other compliance requirements.
•	Professional services that a small business is likely to need in order to comply with such requirements.
•	Costs required to comply with the proposed rule, including costs of equipment, supplies, labor, professional services, and increased administrative costs.
•	Based on input received, determine whether compliance with the rule will cause businesses to lose sales or revenue.

Table 4. Cost of Compliance:

Cost Element Per Unit	Cost in Year 1	Basis for Cost Range	Frequency of Cost
EM Unit	$935 - $975	Pricing provided by representative EM system manufacturer and vendor. Range represents individual unit price and price with bulk purchase discount.	Every 5 - 10 years
Installation	$0 - $300	Estimated based on industry interviews and estimate from representative EM system manufacturer and vendor. Range based on cost for vessel owner installation vs. use of a marine electrician/Archipelago service technician (2-2.5 hours).	Every 5-10 years
Data Plan	$295 - $470	Pricing provided by representative EM system manufacturer and vendor. Range represents cost for crab season only vs. full year.	Annual
Maintenance	$0	Routine maintenance covered by warranty during first year. After Year 1, recommended annual system checks estimated by representative EM system manufacturer and vendor at $150.	Annual (after first year)
Total Cost in Year 1	$1,830 - $2,045		Year 1
Sources: 1. Interviews with industry representatives. 2. Price information provided by Archipelago Marine Research Ltd. via email to IEc, May 2, 2023.

2.2.1 Start-Up Costs: Start-up costs associated with compliance with the proposed rule are the purchase of the EM system itself and the cost of installation. The estimate of the unit cost is based upon a low-cost existing product that currently meet all requirements set forth through the proposed rule. This system has been tested by industry participants and confirmed by WDFW to be a sound option for regulated businesses.34

The cost of the EM system could range from $895 to $975. Costs of an individual EM unit are currently $975.35 The low-end cost derives from the possibility of a bulk purchase, which would decrease the cost per unit resulting in a price as low as $895 if over 300 units were purchased. A bulk order of between 200 and 299 units would result in a cost per unit of $935.

The installation cost will range from $0 to $300. The low end of $0 assumes that vessel owners install both the EM unit and the hydraulic transducer themselves.36 Other vessel owners may hire a marine electrician or manufacturer to install the unit at an hourly rate. Given a likely installation time of between two and 2.5 hours,37 and a per-hour cost of $120,38 this analysis estimates a high-end cost for installation of $300.

These costs represent the expected costs for the first year in which the EM system is required. In years in which the system would need to be replaced (estimated to be approximately five to 10 years from initial installation39), costs would be similar to the initial start-up costs quantified in this analysis.

2.2.2 Recurring Costs: Recurring costs are costs incurred each year for continued compliance with the proposed rule and would include the monthly data plan charges and any necessary maintenance. The cost of the monthly 5G data plan has a range that will depend on the situation of the vessel and their use of the EM. One manufacturer, Archipelago Marine Research Ltd., will offer a month-to-month subscription at a cost of $69/month. Another plan option would include use only during the Dungeness crab fishing season at a cost of $295 for the season. Lastly, for any vessel that wishes to have access to the EM system and its capabilities year-round, the annual cost is $470. This analysis assumes most participants would choose a plan that covers the complete Dungeness crab fishing season or entire year, resulting in a cost range of $295 to $470/year.

Any EM system maintenance costs in the initial year are most likely covered by product warranty.40 In later years, maintenance costs would be dependent upon the issue being addressed. One manufacturer recommends that the unit undergo an annual routine check to make sure that the system is performing properly at an estimated cost of about $150 per year for this optional service.

2.2.3 Other Identified Potential Costs: In addition to the costs identified above, industry interviewees identified several other costs they believe could result from the proposed rule. However, for the reasons described below, the analysis finds that these types of costs are unlikely to result from the proposed rule.


•	Potential for lost time fishing/revenue associated with system malfunction. Interviewees expressed concern that in the event of a system malfunction, fishing activity might need to cease until system function could be restored. WDFW has expressed that in the event of an inoperable system, the captain could receive an exemption permit from WDFW revert to completion of a paper logbook to track fishing activity, allowing fishing to continue.41 As a result, we do not identify this factor as a cost of the proposed rule.
•	Potential for lost time fishing/revenue associated with operating out of cellular coverage. Several interviewees identified that they often fish in areas outside of cellular coverage. They expressed concern that operating in these areas could be considered out of compliance with the proposed regulations if data were not being transmitted in real time to WDFW. One manufacturer, Archipelago Marine Research Ltd., confirmed that the EM system is designed to store data and transmit them when the unit reenters cellular service range. WDFW has confirmed that this situation would be in compliance with the proposed rule.42 As a result, we do not anticipate these types of costs to result from the proposed rule.
•	Potential for lost time fishing/revenue associated with limited availability of marine electricians in certain areas. At least one interviewee expressed concern that the limited availability of marine electricians in certain areas could mean that wait times for unit installation could be long, which might delay the start of the fishing season for some vessels. One EM system manufacturer, Archipelago Marine Research Ltd., confirmed that their own technicians are made available to install any purchased units, and that there would not be significant wait times for installation. We anticipate it is unlikely for these types of costs to result from the proposed rule.

2.3 Cost Mitigation Strategies: When a rule is expected to disproportionately impact small businesses, RCW 19.85.030 requires the agency to consider methods for reducing the impact of the rule on small businesses. These methods may include decisions that were made in determining the provisions of the rule itself, or opportunities to reduce the costs of implementing the rule as written. This section outlines existing and proposed opportunities for offsetting compliance costs, as well as the steps WDFW has taken to limit the costs of the proposed rule to businesses.


•	Required Technical Specifications. In identifying the technical specifications for an EM system that would be required by the proposed rule, WDFW designed the specifications to allow for discontinuation of current logbook requirements.
•	Choice in Systems. Rather than dictate a requirement that a specific brand/type of system be installed on each vessel, WDFW instead has identified technical specifications the system must meet, providing each business with flexibility in selecting from several possible systems from different suppliers across a spectrum of price points.
•	Costs of System Malfunction. Interviewees expressed concern about the potential for lost revenues should a malfunction of the EM system require suspension of fishing activities. It is WDFW's intent to allow fishermen to revert to use of paper logbooks via a WDFW-approved exemption permit in the event of an EM system failure, allowing fishing activity to continue assuming appropriate action is being taken to get the EM system back online.
•	Bulk Pricing. The cost analysis assumes that each business would individually purchase the EM unit and annual data plan. However, coordinated purchase of the units (e.g., by crab industry associations) would result in a bulk purchase discount. For example, Archipelago Marine Research Ltd. offers a discounted pricing option for purchases of between 100 and 199 units ($955 plus $470 data plan), or for between 200 and 299 units ($935 plus $470 data plan).
•	Financial Support. Interviewees expressed that WDFW should consider grant or financial aid opportunities to the fleet to offset the costs of the proposed rule.

RCW 19.85.030(2) specifies options that the agency must consider in mitigating rule costs. Table 5 specifies each type of cost mitigation opportunity identified in the RCW and how WDFW considered them during the rule-making process.

Table 5. Assessment of Cost Mitigation Opportunities Outlined in RCW 19.85.030:

RCW 19.85.030(2) Requirements	Cost Mitigation Opportunities
(a) Reducing, modifying, or eliminating substantive regulatory requirements	WDFW is not including video monitoring at this time as a system requirement, reducing costs of the system itself and associated with implementing new technology (e.g., more complex technology such as video monitoring could mean increased opportunity for technical problems that could be costly and time-intensive to resolve). EM system specifications designed to allow fishery participants to discontinue the presently required use of paper logbooks.
(b) Simplifying, reducing, or eliminating recordkeeping and reporting requirements	EM system specifications designed to allow fishery participants to discontinue the presently required use of paper logbooks. Relative to buoy color scheme registration requirements, WDFW has developed a mobile application that replaces the more cumbersome process of attaching a photo to an email or mailing in a hard copy picture to WDFW.
(c) Reducing the frequency of inspections	Not applicable.
(d) Delaying compliance timetables	WDFW is delaying the implementation date for EM beyond the implementation date for other proposed rule elements.
(e) Reducing or modifying fine schedules for noncompliance	WDFW Enforcement will use reasonable discretion in issuing fines for noncompliance as the EM program gets underway.
(f) Any other mitigation techniques, including those suggested by small businesses or small business advocates.	Should a vessel experience technical difficulties with its EM system, WDFW will allow the vessel via an exemption permit to continue fishing using a paper logbook. This will avoid costs in the form of reduced revenue resulting from system failure. Coordination of EM system purchases to take advantage of bulk pricing opportunity. Grant or other financial aid opportunities to offset costs of the rule.

2.4 Involvement of Small Businesses in Rule-Making Process: This section describes how WDFW sought to engage affected parties, including small businesses, in the rule-making process, including in the development of the SBEIS.

2.4.1 Involvement in Rule Making: The proposed rule would affect businesses engaged in the coastal commercial Dungeness crab fishery. For nearly 10 years, WDFW has worked closely with the industry to discuss the potential for an EM program for the fishery. The concept of an EM program was first introduced to the Washington coastal dungeness crab advisory board (advisory board), an advisory body comprising fishermen from across the industry, around 2010. WDFW and Quinault Indian Nation (QIN) shellfish management staff had attended a presentation by the Canadian Crab Fishermen's Association at Nanaimo, British Columbia regarding the implementation of EM in their fishery. WDFW managers noted the potential of EM to support regulatory measures such as pot limits, season delays, and area closures being undertaken to achieve harvest sharing under tribal-state comanagement agreements. WDFW presented the concept to the advisory board, but it was not well received. Objections to EM included excessive government oversight, costs, and potential for equipment malfunction. The QIN proceeded to implement EM for their fleet in 2015.

In the meantime, EM became a frequent topic at both advisory board meetings and state-tribal meetings. With the QIN EM program in place, state crab fishers began to recognize possible benefits including the potential to investigate or dispel allegations of gear tampering, the potential to lessen the need for reliance on special management areas open exclusively to tribal participants thereby allowing more in-common fishing opportunity between state and tribal fleets, and the potential to manage area closures associated with biotoxin events. Responsive to this interest, WDFW sought grant funding for a pilot project to test EM in 2016 and 2017 without success. WDFW continued to pursue funding options and in 2020 received a grant from the National Fish and Wildlife Foundation to begin a collaborative pilot project working with volunteers from coastal crab fishery participants. For the initial phase of the project, two vessels were outfitted with EM equipment; later, the project expanded to include 10 vessels.

Besides the EM benefits crab fishers began to acknowledge, in a tandem process, WDFW managers identified EM as a component of the coastal fishery's conservation plan (CP). Spurred by incidences of whale entanglements with Dungeness crab gear along the United States west coast, WDFW notified the National Marine Fisheries Service of its intent to apply for an ESA Section 10 Incidental Take Permit (ITP) for the Washington coastal commercial Dungeness crab fishery in 2018. The CP is the first step in achieving an ITP. Given the complexity of this effort, WDFW held numerous advisory board and public meetings to engage with and keep fishery participants apprised of CP development. These meetings afforded opportunity to share findings on the EM project and to receive input on technical as well as practical considerations. Comment and feedback at these meetings were used to guide and refine development of the proposed EM system specifications, regulations, and timing for implementation.

Key outreach activities and points of involvement of the industry in the rule-making process to date are summarized in Table 6.

The elements of the proposed rule that are not expected to result in costs for the coastal commercial Dungeness crab fishery and other coastal commercial fixed gear fisheries were presented at many of the same meetings listed in Table 5 and in the Washington coastal dungeness crab newsletter. Similarly, all but some minor elements of the proposed rules that are not expected to result in costs for Puget Sound shellfish fisheries were communicated by WDFW via email and discussed with industry representatives at multiple public industry meetings since Spring 2022.

Table 6. WDFW Outreach Activities for Development of Electronic Monitoring System Program and Proposed Rule:

Date	Activity
March 19, 2019	Presentation on EM options at WDFW workshop with crab industry
April 24, 2019	WDFW workshop with crab industry agenda included further discussion on EM
August 15, 2019	Coastal crab advisory board meeting agenda included discussion on EM pilot project
April 30, 2020	Conservation plan update, agenda included discussion on EM program, coastal crab industry webinar
July 29, 2020	Coastal crab advisory board webinar agenda included discussion on EM program
December 3, 2020	Coastal crab advisory board webinar agenda included update on EM pilot project
December 10, 2020	Presentation: "Conservation Plan Update" at the coastal crab industry meeting included EM in presentation
February 19, 2021	Letter to coastal crab fishery participants providing information on the February 26, 2021, Washington fish and wildlife commission meeting
February 26, 2021	Presentation: "Update: Coastal Commercial Dungeness Crab Conservation Plan Progress" to Washington fish and wildlife commission, public meeting, EM addressed in presentation
May 13, 2021	Coastal crab advisory board webinar agenda included update on EM pilot project
October 28, 2021	Coastal crab advisory board webinar agenda included update on EM pilot project
September 21, 2022	Presentation "Electronic Monitoring for Coastal Dungeness Crab Fishery Management" at the coastal crab industry meeting
November 22, 2022	Presentation of the 2023 rule package to the coastal commercial Dungeness crab advisory committee meeting
February 2023	Update on development of the EM program in the first edition of the Washington coastal dungeness crab fishery newsletter
March 23, 2023	Coastal crab advisory board webinar agenda included update on EM
May 11, 2023	Industry meeting to discuss rule making and implementation of EM in the coastal commercial Dungeness crab fishery

2.4.2 Involvement in SBEIS Development: To collect information to inform development of this SBEIS, IEc reached out to 15 individuals representing businesses that would incur costs as a result of the proposed rule. Each prospective interviewee received an email followed by a text message in cases where the potential interviewee did not respond to the email. For individuals that were unresponsive to the first two contact attempts, IEc made one final attempt to reach them by text. Ultimately, IEc conducted interviews directly with eight industry representatives (including the one large business license holder), as well as two other individuals identified as having information potentially relevant to the analysis.42 One interviewee subsequently discussed the proposed rule and interview questions with two additional industry representatives and provided the results of those conversations to IEc, effectively bringing the total number of individuals from whom information was collected to 12. Targets for outreach represented a distribution of businesses across multiple variables including geographic area of operation, participation in other fisheries (e.g., Oregon Dungeness crab, black cod), and whether or not they participated in the EM pilot program. It also included individuals representing varied business arrangements, including individuals that own both their vessel and a crab license and fish in the fishery, those that own a vessel but lease a crab license, and those that own both licenses and vessels but employ crew and captains to operate those vessels/fish those licenses. Following the interview guide provided as Attachment A, IEc sought input from affected businesses and others, as appropriate, regarding the nature and magnitude of costs that could result from the proposed rule, the structure of the industry and identification of entities that would likely incur the costs of the rule, and ideas and opportunities that WDFW might consider to mitigate rule costs.

2.5 Jobs Created or Lost: Compliance costs are relatively low compared to average annual revenues, and interviewees identified that the costs associated with the rule were not expected to be substantial from a business perspective. The small businesses in this industry may have between approximately two and five seasonal employees that work as crew on the fishing vessels, and the proposed rule is unlikely to influence jobs in the industry.

Compliance with the proposed rule may result in a temporary uptick in business for marine electricians operating in coast ports. However, as the need for this service would only be one-time, and businesses may complete the unit installation themselves, it is unlikely this element of the proposed rule would result in job creation.

2.6 Summary Conclusions: The likely cost of complying with the rule ranges from $1,830 to $2,045 in start-up costs to purchase and install the equipment and pay for the first year of the data plan. In subsequent years, costs would be on the order of $450 to $600 for maintaining the system and the data plan. The start-up costs of the rule could represent up to one percent of annual revenues (assuming the lowest end of the revenue range and highest end of the cost range). Given the minor cost threshold of $450 to $1,500, the costs of the proposed rule are expected to generate more-than-minor costs to businesses in the industry. As over 99 percent of businesses affected by the proposed rule are small, the proposed rule would disproportionately affect small businesses.

As the potential exists for more-than-minor costs to be incurred by businesses as a result of the proposed rule, and because small businesses are expected to be disproportionately impacted in cases where costs are incurred, WDFW has identified several potential mitigation options to defray the impacts to small businesses. These include allowing flexibility in the type of unit purchased to comply with the proposed rule, coordinating unit purchases to take advantage of bulk pricing, and allowing fishermen to revert to use of paper logbooks in cases of EM system malfunction.

The waters surrounding Washington state also support other Dungeness crab fisheries, including tribal fisheries, a nontribal recreational fishery, and a commercial fishery in Puget Sound. The subject proposed rule applies only to the nontribal commercial crab fishery occurring in the Pacific Ocean off Washington's outer coast.

WDFW. 2022. Electronic Monitoring for Coastal Dungeness Crab Fishery Management. September 21. Downloaded from https://wdfw.wa.gov/fishing/commercial/crab/coastal/letters-notices, April 19, 2023.

Fixed gear fisheries in Washington include any fisheries using lines to tether surface buoys to bottom deployed hooks, pots, or traps, such as sablefish longline, crab pot, shrimp pot, and hagfish pot.

RCW 19.85.030 Agency rules—Small Business economic impact statement—Reduction of costs imposed by rule. Accessed May 3, 2023, at https://app.leg.wa.gov/RCW/default.aspx?cite=19.85.030.

RCW 19.85.020 Definitions. Accessed May 3, 2023, at https://app.leg.wa.gov/rcw/default.aspx?cite=19.85.020.

Annual exvessel revenues for individual licenses range from $4,505 to $1.7 million over that time period.

One individual identified an upper end revenue estimate of $3 million for a small business in the industry. However, this estimate is substantially outside of the range provided by all other interviewees and is considered an outlier.

The minor cost threshold used in this analysis is 0.3 percent of average annual revenues. The reported range represents 0.3 percent of $150,000 ($400) as a low end and 0.3 percent of $500,000 ($1,500) as a high end.

As the lowest cost system tested by WDFW that would meet the technical specifications laid out in the proposed rule, this analysis assumes it is the system most fishery participants would purchase to comply with the rule.

WDFW. 2022. Electronic Monitoring for Coastal Dungeness Crab Fishery Management. September 21. Downloaded from https://wdfw.wa.gov/fishing/commercial/crab/coastal/letters-notices, April 19, 2023.

This element is intended to ensure that individuals are not skirting the intent of the existing rule by, for example, using a single 12-inch zip tie attached to the line as a gear marking approach.

Fixed gear fisheries in Washington include any fisheries using lines to tether surface buoys to bottom deployed hooks, pots or traps, such as sablefish longline, crab pot, shrimp pot, hagfish pot.

RCW 19.85.030 Agency rules—Small Business economic impact statement—Reduction of costs imposed by rule. Accessed May 3, 2023, at https://app.leg.wa.gov/RCW/default.aspx?cite=19.85.030.

RCW 19.85.020 Definitions. Accessed May 3, 2023, at https://app.leg.wa.gov/rcw/default.aspx?cite=19.85.020.

Exvessel revenues for individual licenses range from $4,505 to $1.7 million over that time period.

One individual identified an upper end revenue estimate of $3 million for a small business in the industry. However, this estimate fell substantially outside of the range provided by all other interviewees and was excluded from the analysis.

The universe of affected businesses does include a single business, Pacific Seafood, that represents a different industry than those primarily affected by this rule (NAICS code 424460 – Fish and Seafood Merchant Wholesalers). Given annual revenues of over $1 billion, the minor cost threshold for businesses affected in this industry would be substantially higher (personal communication with Pacific Seafood representative in May 2023). However, this single affected business within this industry is not small given employment of over 3,000 people (Pacific Seafood. 2023. Pacific Seafood Homepage. Viewed at https://www.pacificseafood.com/, April 22, 2023; Interview with Pacific Seafood representative, April 26, 2023).

RCW 19.85.040 Small business economic impact statement—Purpose—Contents. Accessed May 3, 2023, at https://app.leg.wa.gov/RCW/default.aspx?cite=19.85.040.

ORIA. 2021. Regulatory Fairness Act Support. Accessed May 3, 2023, at https://www.oria.wa.gov/site/alias__oria/934/regulatory-fairness-act-support.aspx.

Washington Attorney General Office. 2021. Small Business Economic Impact Statements – Frequently Asked Questions. Accessed May 3, 2023, at https://www.oria.wa.gov/Portals/_oria/VersionedDocuments/RFA/Regulatory_Fairness_Act/DRAFT_SBEIS_FAQ.pdf.

ORIA. Undated. "Regulatory Fairness Act: 19.85 RCW." Presentation provided to IEc by ORIA staff on August 19, 2021.

RCW 19.85.040 Small business economic impact statement—Purpose—Contents. Accessed October 13, 2022, at https://app.leg.wa.gov/RCW/default.aspx?cite=19.85.040.

ORIA. 2021. Regulatory Fairness Act Support. Accessed October 13, 2022, at https://www.oria.wa.gov/site/alias__oria/934/regulatory-fairness-act-support.aspx.

WA Attorney General Office. 2021. Small Business Economic Impact Statements – Frequently Asked Questions. Accessed October 13, 2022 at https://www.oria.wa.gov/Portals/_oria/VersionedDocuments/RFA/Regulatory_Fairness_Act/DRAFT_SBEIS_FAQ.pdf.

The universe of affected businesses does include a single business, Pacific Seafood, that represents a different industry than those primarily affected by this rule (NAICS code 424460 – Fish and Seafood Merchant Wholesalers). However, this single affected business within this industry is not small given employment of over 3,000 people (Pacific Seafood. 2023. Pacific Seafood Homepage. Viewed at https://www.pacificseafood.com/, April 22, 2023; Interview with Pacific Seafood representative, April 26, 2023).

License data provided by WDFW via secure server on April 25, 2023.

Interviews with industry representatives conducted during April 2023.

The requirement to install EM systems on commercial crab vessels would increase the cost of fishing for affected businesses. In theory, this increased cost could result in individuals ceasing to fish, ceasing to lease licenses, or decrease the amount they are willing to pay to lease a license. However, the value of Dungeness crab fishing licenses and demand for them indicate these outcomes are unlikely (interviews with industry representatives conducted during April 2023).

Although interviewees identified that at least one business, Pacific Seafood, may be the owner of multiple vessels fishing within the fishery, a representative of the business confirmed only a single vessel owned by the company is currently participating in this fishery (Interview with representative of Pacific Seafood, May 3, 2023).

To the extent that a business owns more than one vessel, this analysis underestimates the costs of the proposed rule to that business. However, the best available information suggests that the substantial majority if not all businesses in this industry own only one vessel and would thus incur costs associated with installation of an EM system on a single vessel.

Pacific Seafood. 2023. Pacific Seafood Homepage. Viewed at https://www.pacificseafood.com/, April 22, 2023; Interview with Pacific Seafood representative, April 26, 2023.

License data provided by WDFW indicate that at least one other business identified as large by WDFW standards owns a license to participate in this fishery. However, available information did not suggest that this business owns vessels operating within the fishery. We therefore conclude it would not incur costs as a result of this rule.

Email communication from WDFW to IEc, April 6, 2023.

The pricing for the unit hardware is based on estimates provided by Archipelago Marine Research Ltd., and includes the FishVue LIME control center, a 5,000 PSI hydraulic pressure transducer, BRNKL security and monitoring features, shipping, and a one-year warranty.

Several industry participants interviewed indicated they would likely install the unit themselves, and one representative system vendor confirmed that many of their past customers are able to and choose to do so.

Interview with representative of Archipelago Marine Research Ltd. on April 28, 2023.

Interviews with industry representatives conducted during April 2023.

Interview with representative of Archipelago Marine Research Ltd. on April 28, 2023.

This would be true for the representative system considered in this analysis from Archipelago Marine Research Ltd.

Personal communication with WDFW staff, March 29, 2023.

Written communication from WDFW staff, May 19, 2023.

In addition to interviews with affected businesses, IEc also conducted data collection interviews with a representative of the Quinault Indian Nation, which has had previous and ongoing experience using EM with its Dungeness crab fishery, and with Archipelago Marine Research Ltd., the creator and distributor of one representative EM system that would meet the technical specifications laid out in the proposed rule.

D&B Hoovers business database. Queried April 20, 2023.

Interviews with industry representatives conducted by IEc, April 2023.

Personal and email communication with Archipelago Marine Research Ltd. representative, May 1 and 3, 2023.

Personal and email communication with WDFW staff, March, April, and May 2023.

Chapter 19.85 RCW; RCW 19.85.020, 19.85.030, and 19.85.040.

WDFW coastal commercial dungeness crab license data provided by WDFW via secure server on April 25, 2023.

WDFW exvessel revenue data provided by WDFW via secure server on April 25, 2023.

A copy of the statement may be obtained by contacting Lorna Wargo, 1111 Washington Street S.E., Olympia, WA, phone 360-581-5611, email Lorna.Wargo@dfw.wa.gov.

WAC 220-320-015Definitions—Shellfish species complexes.

"Nonspot shrimp" are defined as a species complex composed of the following species of pandalid shrimp classified in WAC 220-320-010: Dock shrimp (Pandalus danae), coonstripe shrimp (Pandalus hypsinotus), humpy shrimp (Pandalus goniurus), Ocean pink shrimp (Pandalus jordani), pink shrimp (Pandalus eous), and side stripe shrimp (Pandalus (Pandalopsis) dispar).

AMENDATORY SECTION(Amending WSR 22-08-048, filed 3/31/22, effective 5/1/22)

WAC 220-320-120Puget Sound Crustacean (crab and shrimp) Special Management Areas.

The following areas shall be defined as Puget Sound Crustacean (crab and shrimp) Special Management Areas (CSMA):

(1) Discovery Bay:

(a) Crustacean Special Management Area: All waters of Marine Fish-Shellfish Management and Catch Reporting Area 25E - Discovery Bay south of a line from Diamond Point (48.0945°, -122.9152°) to Cape George (48.1034°, -122.8847°).

(b) Shrimp District: All waters of Catch Area 25E and those waters of Catch Area 25A south of a line from McCurdy Point (48.1358°, -122.8374°) on the Quimper Peninsula to the northern tip of Protection Island (48.1327°, -122.9285°), then to Rocky Point (48.0964°, -122.9754°) on the Miller Peninsula.

(2) Dungeness Bay CSMA: All waters of Dungeness Bay west of the ((-123.1010°))-123.1103° (123°06.6') longitude line originating from the New Dungeness Light (48.1818°, -123.1103°) ((extending southward to the cul-de-sac at the end of 3 Crabs Road on the mainland (48.1509°, -123.1212°))).

(3) Everett Flats CSMA: That portion of Catch Area 26A-E (see WAC 220-320-110) east of a line from western edge of Howarth Park (47.9619°, -122.2441°) true north to the southern tip of Gedney (Hat) Island (48.0048°, -122.3060°) and that portion of 24B east of a line from the northern tip of Gedney (Hat) Island (48.0215°, -122.3274°) to Camano Head (48.0570°, -122.3580°) and south of a line drawn from Camano Head to Hermosa Point (48.0620°, -122.2935°) on the Tulalip reservation.

(4) Port Angeles Harbor CSMA: That portion of Marine Fish-Shellfish Catch Area 23D west of a line from the Ediz Hook Light (48.1400°, -123.4025°) to the site of the ITT Rayonier Dock (48.1169°, -123.4083°).

(5) Port Townsend Bay CSMA: Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25D within a line projected from the Point Hudson Marina entrance to the northern tip of Indian Island (48.0853°, -122.7303°), thence to Kala Point (48.0575°, -122.7674°) and thence following the shoreline to the point of origin.

(6) Sequim Bay CSMA: All waters of Sequim Bay south of Travis Spit and a line west from the western tip of Travis Spit (Klapot Point) to the dock at the Pacific Northwest National Laboratory (48.0793°, -123.0452°).

AMENDATORY SECTION(Amending WSR 22-08-048, filed 3/31/22, effective 5/1/22)

WAC 220-320-140Commercial shrimp geographical management units—Puget Sound.

Puget Sound commercial shrimp harvest management utilizes a hierarchy of geographical management units consisting of region, subregion, Marine Fish-Shellfish Management and Catch Reporting Area (catch area), and subarea. This section defines these units.

(1) The following areas are defined as Puget Sound Shrimp Management Regions and subregions:

(a) Region 1 - Trawl fishery: All waters of Catch Areas 20A, 20B, 21A, 21B, 22B, and 22A;

Region 1 - Pot fishery: All waters of Catch Areas 20A, 20B, 21A, 21B, 22B, and Catch Area 22A, except the southwesterly portion of Catch Area 22A south of a line true west from Lime Kiln Point Light (48.5159°, -123.1525°) on San Juan Island to the International Boundary, then south of the shoreline of San Juan Island from Lime Kiln Point Light to Cattle Point (48.4501°, -122.9636°), then south of a line from Cattle Point to Davis Point (48.4559°, -122.9355°) on Lopez Island, and south of the shoreline of Lopez Island from Davis Point to Point Colville (48.4217°, -122.8131°; see (d) of this subsection—Region 3).

(i) Subregion 1A: All waters of Catch Area 20B west of a line from Point Doughty (48.7117°, -122.9492°) on Orcas Island to the bell buoy (48.7649°, -123.0145°) at the International Boundary and all waters of Catch Area 22A west of a line projected true north and south from the western tip of Crane Island (48.5975°, -123.0078°), west of a line projected from the number 4 marker (48.5223°, -122.9173°) at the entrance to Fisherman Bay to the southern tip of Shaw Island (48.5466°, -122.9487°), and north of a line true west from Lime Kiln Point Light (48.5159°, -123.1525°) on San Juan Island to the International Boundary.

(ii) Subregion 1B: All waters of Catch Area 20B east of a line from Point Doughty (48.7117°, -122.9492°) on Orcas Island to the bell buoy at the International Boundary (48.7649°, -123.0145°), and waters of Catch Area 22A east of a line projected true north and south from the western tip of Crane Island (48.5975°, -123.0078°), east of a line projected from the number 4 marker (48.5223°, -122.9173°) at the entrance to Fisherman Bay to the southern tip of Shaw Island (48.5466°, -122.9487°), and east of a line projected true south from Point Colville (48.4217°, -122.8131°), and all waters of Catch Area 21A north and west of a line from the southern tip of Sinclair Island (48.6097°, -122.6572°) to Carter Point (48.6404°, -122.6088°) at the southern tip of Lummi Island.

(iii) Subregion 1C: All waters of Catch Areas 20A, 21B, 22B, and those waters of Catch Area 21A not included in Subregion 1B.

(b) Region 2-East (2E): All waters of Catch Areas 24A, 24B, 24C, 24D, and Subarea 26A-E (east; subareas defined in subsections (2) and (3) of this section).

(d) Region 3 - Trawl fishery: All waters of Catch Areas 23A, 23B, 23C, 23D, 25A, 25E, and 29.

Region 3 - Pot fishery: All waters of Catch Areas 23A, 23B, 23C, 23D, 25A, 25E, 29, and the southwesterly portion of Catch Area 22A south of a line true west from Lime Kiln Point Light (48.5159°, -123.1525°) on San Juan Island to the International Boundary, then south of the shoreline of San Juan Island from Lime Kiln Point Light to Cattle Point (48.4501°, -122.9636°), then south of a line from Cattle Point to Davis Point (48.4559°, -122.9355°) on Lopez Island, and south of the shoreline of Lopez Island from Davis Point to Point Colville (48.4217°, -122.8131°).

(e) Region 4: All waters of Catch Area 26C and 26B, which is divided into Subareas 26B-1 and 26B-2 (subareas defined in subsection (2) of this section).

(f) Region 5: All waters of Catch Areas 27A, 27B, and 27C.

(g) Region 6: All waters of Catch Areas 26D, 28A, 28B, 28C, and 28D.

(2) The following areas are defined as Puget Sound Commercial Shrimp Subareas, shrimp pot harvest: For purposes of Puget Sound shrimp pot harvest allocation, fishing season, and catch reporting, catch areas (WAC 220-301-040) are modified as follows:

(a) That portion of Catch Area 22A south of a line true west from Lime Kiln Point Light (48.5159°, -123.1525°) on San Juan Island to the International Boundary, then south of the shores of San Juan Island from Lime Kiln Point Light to Cattle Point (48.4501°, -122.9636°), then south of a line from Cattle Point to Davis Point on Lopez Island (48.4559°, -122.9355°), and south of the shoreline of Lopez Island from Davis Point to Point Colville (48.4217°, -122.8131°) shall be considered to be part of Catch Area 23A.

(b) Catch Area 23A is divided into four subareas:

(i) Subarea 23A-E (east): All waters of Catch Area 23A east of -122.9500° (122°57'W) longitude and north of 48.3750° (48°22.5'N) latitude.

(ii) Subarea 23A-W (west): All waters of Catch Area 23A west of -122.9500° (122°57'W) longitude and north of 48.3750° (48°22.5'N) latitude.

(iii) Subarea 23A-C (central): All waters of Catch Area 23 south of 48.3750° (48°22.5'N) latitude and east of a line projected 335° true from the New Dungeness Lighthouse (48.1818°, -123.1103°).

(iv) Subarea 23A-S (south): All waters of Catch Area 23A west of a line projected 335° true from the New Dungeness Lighthouse (48.1818°, -123.1103°).

(i) Subarea 26A-E (east): All waters of Catch Area 26A north and east of a line projected 110° true from the southern tip of Possession Point (47.9061°, -122.3846°) on Whidbey Island to the shipwreck located 0.8 nautical miles north of Picnic Point (47.8931°, -122.3286°) on the opposite shore.

(ii) Subarea 26A-W (west): All waters of Catch Area 26A south and west of a line projected 110° true from the southern tip of Possession Point (47.9061°, -122.3846°) on Whidbey Island to the shipwreck located 0.8 nautical miles north of Picnic Point (47.8931°, -122.3286°) on the opposite shore.

(d) Catch Area 26B is divided into two subareas:

(i) Subarea 26B-1: All waters of Catch Area 26B westerly of a line projected from West Point (47.6619°, -122.4348°) to Alki Point (47.5763°, -122.4199°).

(ii) Subarea 26B-2: All waters easterly of a line projected from West Point (47.6619°, -122.4348°) to Alki Point (47.5763°, -122.4199°).

(3) The following areas are defined as Puget Sound Shrimp Subareas, shrimp trawl harvest: For the purpose of Puget Sound shrimp trawl harvest allocation and catch reporting, catch areas (WAC 220-301-040) are modified as follows:

(a) Trawl Subarea 23A East: That portion of Catch Area 23A, east of a line projected true north from the New Dungeness Lighthouse (48.1818°, -123.1103°) to the International Boundary.

(b) Trawl Subarea 23A West: That portion of Catch Area 23A, west of a line projected true north from the New Dungeness Lighthouse (48.1818°, -123.1103°) to the International Boundary.

(4) The following areas are defined as shrimp beam trawl harvest areas of special designation:

(a) South Lopez Sound is defined as those waters of Lopez Sound within Subregion 1B that are south of a line projected true east-west from the northern tip of Trump Island (48.5064°, -122.8369°).

(b) Rosario Box is defined as that portion of Catch Area 22A within Subregion 1B that are east of a line projected along -122.7833° longitude (east of Blakely Island) and west of a line projected along -122.7167° longitude (west of Cypress Island) in Rosario Strait.

(c) Lummi-Sinclair Triangle is defined as those waters of Catch Area 21A north and west of a line from the southern tip of Sinclair Island (48.6097°, -122.6572°) to Carter Point (48.6404°, -122.6088°) on Lummi Island.

(5) In shrimp Subregions 1A, 1B, and 1C, all catch must be reported by catch area and subregion combined (for example 22A-1A).

AMENDATORY SECTION(Amending WSR 20-04-058, filed 1/30/20, effective 7/1/20)

WAC 220-330-020Crab, shrimp, crawfish—Gear and gear-related unlawful acts.

General gear requirements:

(1) It is unlawful to take, fish for, or possess crab, shrimp, and crawfish except by hand or with hand dip nets, ring nets, shellfish pots, or any hand-operated, nonmechanized instrument. It is unlawful to harvest shellfish in any manner that penetrates the shell.

(2) It is unlawful to set, fish, or pull more than 2 units of gear per person per day, unless otherwise provided in this subsection. A unit of gear is defined as a hand dip net, shellfish pot, ring net or any other instrument used to capture crab, shrimp, or crawfish. A violation of this subsection is punishable under RCW 77.15.160, 77.15.380, or 77.15.370, depending on the circumstances of the violation.

(a) In Marine Area 4 east of the Bonilla-Tatoosh line and Marine Areas 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12, and 13 (Puget Sound), it is unlawful to set, fish, or pull more than 2 units of crab gear and 2 additional units of shrimp gear per person per day.

(b) In Marine Areas 4, 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12, and 13, it is unlawful for the operator of any boat from which shrimp pots are set, fished, or pulled to have on board or to fish more than 4 shrimp pots.

(d) In fresh water, it is permissible to use up to 5 units of gear per person to fish for crawfish.

(3) It is unlawful to violate the following provisions regarding unattended shellfish gear:

(a)(i) Unattended shellfish gear must be marked with a buoy that permanently, visibly, and legibly lists the first and last name and permanent mailing address of the owner.

(ii) Only one person's name and address may appear on a marker buoy.

(b) All buoys must consist of durable material. It is unlawful to use bleach, antifreeze or detergent bottles, paint cans, or any other container as a buoy.

(c) Buoys must remain visible on the surface at all times, except during extreme tidal conditions, or unless otherwise authorized under a permit issued by the director.

(d) Fishers shall use only the amount of line reasonably necessary to compensate for tides, currents, and weather.

(e) The line attaching a buoy to shellfish gear must be weighted sufficiently to prevent the line from floating on the water's surface.

(((e)))(f) It is unlawful to use gear that has one or more line marks or to use multicolor line consistent with requirements for any other state or federally managed commercial fishery operating in the U.S. West Coast Exclusive Economic Zone, or in the state waters of Washington, Oregon, or California.

(g) Violation of this subsection is an infraction, punishable under RCW 77.15.160.

(4) It is unlawful to have more than one unit of unattended gear attached to a buoy line and buoy, or to fail to have a separate buoy for each unit of gear. A violation of this subsection is a misdemeanor, punishable under RCW 77.15.382 Unlawful use of shellfish gear for personal-use purposes—Penalty.

(5) It is unlawful for any person to operate a shellfish pot not attached to a buoy bearing that person's name, except that a second person may assist the pot owner in operation of the gear. A violation of this subsection is a misdemeanor, punishable under RCW 77.15.180 Unlawful interference with fishing or hunting gear—Penalty.

(6) It is unlawful to fish for or possess shellfish taken for personal use with shellfish pot gear unless the gear allows for escapement using at least one of the following methods:

(a) Attachment of pot lid hooks or tiedown straps with a single strand or loop of untreated, 100 percent cotton twine, hemp, jute, or sisal no larger than thread size 120 so that the pot lid will open freely if the twine or fiber is broken.

(b) An opening in the pot mesh no less than 3 inches by 5 inches which is laced or sewn closed with untreated, 100 percent cotton twine, hemp, jute, or sisal no larger than thread size 120. The opening must be located within the top half of the pot and be unimpeded by the entry tunnels, bait boxes, or any other structures or materials.

(c) Attachment of pot lid or one pot side serving as a pot lid with no more than 3 single loops of untreated 100 percent cotton, hemp, jute, or sisal no larger than thread size 120 so that the pot lid or side will open freely if the twine or fiber is broken.

(d) Use of gear in violation of this subsection is an infraction, punishable under RCW 77.15.160.

(7) It is unlawful to set shellfish pots in a manner that they are not covered by water at all times. Use of gear in violation of this subsection is an infraction, punishable under RCW 77.15.160.

(8) Gear setting and retrieval:

(a) It is unlawful to fish, or place or retrieve gear outside of open days and hours.

(b) It is unlawful to fail to remove gear prior to the closure of a fishery.

(c) It is unlawful to fail to remove gear from the water within one hour after sunset if fishing is not allowed on the next calendar day.

(d) In waters that are open continuously, shellfish gear may be left in the water overnight, but may not be set or pulled from a vessel from one hour after official sunset to one hour before official sunrise in Marine Area 4 east of the Bonilla-Tatoosh line and Marine Areas 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12, and 13.

(9) Crab pot gear requirements:

(a) All buoys attached to crab gear must be half red or half fluorescent red in color and half white in color. Flags and staff, if attached, may be any color. Violation of this subsection is an infraction, punishable under RCW 77.15.160.

(b) It is unlawful to fish for crab using shellfish pot gear greater than 13 cubic feet in volume.

(c) It is unlawful to fish for or possess crab taken with shellfish pot gear that are equipped with tunnel triggers or other devices which prevent free exit of crabs under the legal limit unless the gear is equipped with 2 or more escape rings located in the upper half of the pot and escape rings are 4 1/4 inches inside diameter or larger, except in the Columbia River where escape ring minimum size is 4 inches inside diameter.

(d) It is unlawful to use mesh size smaller than 1 1/2 inches for crab pots.

(e) Unless otherwise designated, a violation of this subsection is a violation of RCW 77.15.382. Possession of crab while using gear in violation of the provisions of this section is a rebuttable presumption that the crab were taken with such gear.

(10) Shrimp pot gear requirements:

(a) All buoys attached to shrimp gear must be solid yellow or solid fluorescent yellow in color. Flags and staff, if attached, may be any color. Violation of this subsection is an infraction, punishable under RCW 77.15.160.

(b) It is unlawful to take, fish for, or possess shrimp taken with shellfish pot gear unless the gear meets the following requirements:

(i) A shrimp pot may not exceed 10 feet in perimeter and 1 1/2 feet in height.

(ii) The entire top, bottom, and sides of the shrimp pot must be constructed of mesh material. Use of liners is prohibited.

(iii) Shrimp pot minimum mesh size:

(A) Year-round, Marine Areas 1, 2, 3, and 4 west of the Bonilla-Tatoosh line and shoreward of 20 fathoms, the minimum mesh size for shrimp pots is 1/2 inch. Seaward of 20 fathoms, the minimum mesh size for shrimp pots is 1 inch.

(B) May 1 through October 15, Marine Area 4 east of the Bonilla-Tatoosh line, and Marine Areas 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12, and 13, the minimum mesh size for shrimp pots is 1 inch, with the following exception: June 1 through October 15, in any Marine Area or portion thereof that is closed for spot shrimp but open for coonstripe and pink shrimp, the minimum mesh size for shrimp pots is 1/2 inch.

(C) Half-inch mesh is defined as mesh that a 3/8 inch square peg will pass through each mesh opening; flexible (web) mesh pots must have mesh size openings that are a minimum of 1 1/8 inch stretch measure.

(D) One inch mesh is defined as a mesh that a 7/8 inch square peg will pass through each mesh opening; flexible (web) mesh pots must have mesh size openings that are a minimum of 1 3/4 inch stretch measure.

(iv) Entrance tunnels to shrimp pots may be constructed of any size mesh material. All entrance tunnels must open into the pot from the side. The sum of the maximum widths of all entrance tunnel openings must not exceed half of the perimeter of the bottom of the pot.

(v) Unless otherwise designated, a violation of this subsection is a violation of RCW 77.15.382. Possession of shrimp while using gear in violation of the provisions of this section is a rebuttable presumption that the shrimp were taken with such gear.

(c) In the field, it is unlawful for each person harvesting shrimp to fail to use a separate container to hold their catch and the container must be in the harvester's presence or identified with the harvester's name. Violation of this subsection is an infraction, punishable under RCW 77.15.160.

(d) It is unlawful to dig for or possess ghost or mud shrimp taken by any method except hand operated, nonmechanized suction devices or dug by hand.

AMENDATORY SECTION(Amending WSR 22-08-048, filed 3/31/22, effective 5/1/22)

WAC 220-340-030Shellfish harvest logs.

(1) Logbook requirement: It is unlawful for any vessel operator engaged in the commercial harvest of crawfish, sea cucumber, sea urchin, scallop, shrimp, or squid to fail to obtain and accurately and completely maintain the appropriate harvest log available from the Washington department of fish and wildlife. It is unlawful for any license holder engaged in commercial sand shrimp fishing or operator of mechanical clam digging device to fail to obtain and accurately and completely maintain the appropriate harvest log available from the Washington department of fish and wildlife.

(2) Logbook maintenance: It is unlawful for any harvest vessel operator or license holder engaged in harvest as described in subsection (1) of this section, to fail to maintain the required harvest log: Aboard the vessel; at the harvest site; when crawfish, sea cucumbers, sea urchins, shrimp, squid, scallops, clams, or sand shrimp are aboard during transit of a harvest vessel, or are in possession of the license holder.

(3) Logbook submission and retention: It is unlawful for the vessel operator or license holder, engaged in harvest as described in subsection (1) of this section, to fail to submit harvest logs for inspection upon request by department of fish and wildlife officers or authorized employees.

(4) It is unlawful for any vessel operator or license holder, engaged in harvest as described in subsection (1) of this section, to fail to comply with the following methods of logbook submittal and time frames related to harvest logbook submittal:

(a) Completed harvest logs for crawfish, coastal ocean pink shrimp, sea cucumber, sea urchin, scallop, Puget Sound shrimp pot and trawl, and squid must be received by the department within 10 days following any calendar month in which fishing occurred((, required completed harvest logs must be received by the department)); however, vessel operators or license holders may submit logs directly to authorized department employees.

(b) Vessel operators or license holders responsible for submitting logs to the department, as described in subsection (1) of this section, must maintain a copy of all submitted logs for a period of three years following the harvest activity. Copies of harvest logs, which are required to be maintained, must be available for inspection upon request by department of fish and wildlife officers and authorized employees.

(5) It is unlawful for any vessel operator or license holder, engaged in harvest as described in subsection (1) of this section, to fail to send completed harvest logs to the appropriate following mailing address, except as provided for in subsection (4)(a) of this section.

For Puget Sound Shrimp Pot and Trawl Harvest Logbooks:

ATTN: PUGET SOUND SHRIMP HARVEST MANAGER