Date of Adoption: August 3, 2002.

     Purpose: Amend dive fishery buy-back rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-95-100 and 220-95-110.

     Statutory Authority for Adoption: RCW 77.12.047.

      Adopted under notice filed as WSR 02-13-086 on June 18, 2002.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

August 8, 2002

Nancy Burkhart

for Russ Cahill, Chair

Fish and Wildlife Commission

OTS-5709.1

AMENDATORY SECTION(Amending Order 01-274, filed 12/14/01, effective 1/14/02)

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

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

     (2) Method of purchase: The department will rank offers to sell sea urchin licenses from the lowest offer to the highest offer. The department will purchase licenses each year from the funds made available under RCW 77.70.150, with a maximum purchase price of (($6,000)) $8,000 per license.

     (3) Offer process: ((For the winter 2001-2002 selection, the department will accept offers to sell during the thirty-day period after these rules go into effect, and will purchase licenses from the funds that were available on December 31, 2001. Thereafter)) The department will accept offers to sell beginning August 1st of each year and will purchase licenses based on the funds that are available on the following September 30th.

     (4) Selection process: The department will select licenses to be purchased beginning with the lowest offer to sell, and continuing until there are insufficient funds to purchase a complete offer. If two or more licenses are offered at the same price, selection will be by random draw.

     (5) License reduction process: Upon selection, the department will issue a warrant to the license holder in the amount of the offer. On the date the warrant is mailed to the mailing address of the license holder as shown in their department licensing file, the department will void the license. Upon receipt of the warrant, the license holder is to return the license cards to the department.

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

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

[Statutory Authority: RCW 77.12.047. 02-01-069 (Order 01-274), § 220-95-100, filed 12/14/01, effective 1/14/02.]

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

     (2) Method of purchase: The department will rank offers to sell sea cucumber licenses from the lowest offer to the highest offer. The department will purchase licenses each year from the funds made available under RCW 77.70.190, with a maximum purchase price of (($5,000)) $8,000 per license.

     (3) Offer process: ((For the winter 2001-2002 selection, the department will accept offers to sell during the thirty-day period after these rules go into effect, and will purchase licenses from the funds that were available on December 31, 2001. Thereafter)) The department will accept offers to sell beginning August 1st of each year and will purchase licenses based on the funds that are available on the following September 30th.

     (4) Selection process: The department will select licenses to be purchased beginning with the lowest offer to sell, and continuing until there are insufficient funds to purchase a complete offer. If two or more licenses are offered at the same price, selection will be by random draw.

     (5) License reduction process: Upon selection, the department will issue a warrant to the license holder in the amount of the offer. On the date the warrant is mailed to the mailing address of the license holder as shown in their department licensing file, the department will void the license. Upon receipt of the warrant, the license holder is to return the license cards to the department.

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

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

[Statutory Authority: RCW 77.12.047. 02-01-069 (Order 01-274), § 220-95-110, filed 12/14/01, effective 1/14/02.]

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