PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Commercial fishing rules.
Purpose: Amend Puget Sound commercial shrimp rules.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.70.410.
Summary: Eliminate alternate operator restrictions set by rule and allow dual licensees to fish two hundred pots.
Reasons Supporting Proposal: Changes set by statute.
Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.
Name of Proponent: Department of Fish and Wildlife.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Restrictions on alternate operators that were set by rule are removed, since the 2001 legislature set new criteria by statute. Additionally, holders of two limited entry licenses will be able to fish two hundred pots. This will reduce the number gear operators, and provide easier enforcement of crab pot limits.
Proposal Changes the Following Existing Rules: Eliminates restrictions on alternate operators.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None.
3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: No increased costs will be required.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No - rule change may provide opportunities for an increase in revenue.
5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:
a. Cost per employee;
b. Cost per hour of labor; or
c. Cost per one hundred dollars of sales.
N/A.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: No steps taken by agency as no increased costs will occur.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The agency developed the legislation, that lead to the needed rule change, in collaboration with the affected industry. The industry will have additional opportunities to comment on the rule in the Fish and Wildlife Commission public rule-making process.
8. A List of Industries That Will Be Required to Comply with the Rule: Puget Sound commercial limited entry shrimp fishers.
A copy of the statement may be obtained by writing to Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155.
RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.
Hearing Location: Best Inn and Suites, 221 N.E. Chkalov, Vancouver, WA, on December 7-8, 2001, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by November 21, 2001, TDD (360) 902-2207, or (360) 902-2226.
Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by December 6, 2001.
Date of Intended Adoption: December 7, 2001.
October 23, 2001
Evan Jacoby
Rules Coordinator
OTS-5194.1
AMENDATORY SECTION(Amending Order 00-271, filed 1/5/01,
effective 2/5/01)
WAC 220-52-051
Shrimp fishery -- Puget Sound.
(1) A Puget
Sound shrimp pot license or a Puget Sound shrimp trawl license
will only be issued to an individual who is a natural person, and
this person shall be the primary operator. ((The primary
operator is required to operate the gear more than one-half of
the season and make at least one-half of the landings, as
established by valid fish receiving tickets.)) Holders of Puget
Sound shrimp pot licenses and Puget Sound shrimp trawl licenses
may designate a single alternate operator per license. ((The
alternate operator may operate the gear up to but not equaling
one-half of the fishing effort of the vessel per season, and may
make up to but not equaling one-half of the landings, as
established by valid fish receiving tickets, except that the
director may allow operation of the gear and sale of the shrimp
by an alternate operator in excess of one-half of the fishing
effort in the case of a bona fide medical emergency for which the
primary operator has presented a physician's statement which
includes the medical condition and expected date of recovery of
the primary operator. Notification of the medical emergency,
presentation of the physician's statement, and obtaining a waiver
from the director must be accomplished prior to the end of the
season for which the license holder is seeking exception from the
seasonal requirement that the primary operator perform more than
one half of the fishing effort.))
(2) It is unlawful to fish for shrimp for commercial purposes in Puget Sound using shellfish pot gear except during seasons opened by emergency rule:
(a) Gear restrictions -
(i) In all areas, maximum 100 pots per fisher except for dual licensees as provided for in RCW 77.70.410.
(ii) In all areas:
(A) Buoys must be orange in color and consist of durable material that will remain floating on the surface with five pounds attached; bleach or antifreeze bottles or other containers may not be used as floats.
(B) The line attaching the pot to the buoy must be weighted sufficiently to prevent the line from floating on the surface.
(C) The maximum perimeter of shrimp pots must not exceed ten feet and the maximum height must not exceed two feet.
(b) Spot shrimp size restriction: It is unlawful to retain spot shrimp taken by shellfish pot gear that have a carapace length less than 1 and 3/16 inches. Carapace length is defined as the length between the posterior mid-dorsal margin to the posterior-most part of the eye-stalk orbit.
(c) Area restrictions:
(i) Pot gear closed in all Puget Sound Shrimp Districts.
(ii) Pot gear closed in Lopez Sound south of a line projected true east-west from the northern tip of Trump Island from the season opening through July 9th.
(3) It is unlawful to fish for shrimp for commercial purposes in Puget Sound using trawl gear except during seasons opened by emergency rule:
(a) Gear restrictions - Beam trawl gear only. Otter trawl gear may not be used.
(i) Maximum beam width in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, and 22A is 25 feet.
(ii) Maximum beam width in Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 23C, 25A, 25B, and 29 is 60 feet.
(b) It is unlawful to retain spot shrimp.
(c) Area restrictions:
(i) Shrimp trawl fishing closed in all Puget Sound Shrimp Districts.
(ii) Shrimp trawl fishing closed in Lopez Sound south of a line projected true east-west from the northern tip of Trump Island from the season opening through July 9th.
(d) It is unlawful to fish for shrimp in Puget Sound with beam trawl gear in waters shallower than 100 feet.
(e) It is lawful to fish for shrimp in Puget Sound with beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Area 21A only in those waters north and west of a line from the southern tip of Sinclair Island to Carter Point on Lummi Island.
(f) The following restrictions apply to shrimp beam trawl harvest in Marine Fish-Shellfish Management and Catch Reporting Area 20A:
(i) Closed in waters east of a line from the southwest corner of Point Roberts to Sandy Point.
(ii) Closed in waters shallower than 20 fathoms.
(iii) Closed in waters shallower than 50 fathoms from March 16 through July 31.
(4) All shrimp taken in the Puget Sound commercial shrimp fishery must be landed and recorded on Washington state fish receiving tickets within 24 hours of harvest. No fisher may land shrimp without immediate delivery to a licensed wholesale dealer, or if transferred at sea, without transfer to a licensed wholesale dealer. A fisher who is a licensed wholesale dealer may complete and return a fish receiving ticket to satisfy the requirements of this subsection.
[Statutory Authority: RCW 77.12.047. 01-03-016 (Order 00-271), 220-52-051, filed 1/5/01, effective 2/5/01. Statutory Authority: RCW 74.08.080 and 1999 c 239. 00-01-124 (Order 99-217), 220-52-051, filed 12/17/99, effective 1/17/00. Statutory Authority: RCW 75.28.740 and 75.30.220. 94-07-092 (Order 94-14), 220-52-051, filed 3/17/94, effective 4/17/94. Statutory Authority: RCW 75.08.080. 93-15-051, 220-52-051, filed 7/14/93, effective 8/14/93; 91-18-030 (Order 91-73), 220-52-051, filed 8/28/91, effective 9/28/91; 87-23-006 (Order 87-187), 220-52-051, filed 11/6/87.]