WSR 03-02-031

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed December 23, 2002, 11:37 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-22-097.

Title of Rule: Commercial fishing rules.

Purpose: Amend purse seine mesh size rule.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Allows use of 3-1/2 inch mesh in main body and lead of net.

Reasons Supporting Proposal: This is a commonly used Alaska net size and would allow dual-licensed fishers to use the same net in both fisheries.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2373.

Name of Proponent: Department of Fish and Wildlife, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule changes the minimum purse seine mesh size from four inches to three and one half inches.

Proposal Changes the Following Existing Rules: Change mesh size.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: There is no reporting or record-keeping requirement. There is no compliance requirement.

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 compliance costs. Fishers may elect to use a smaller mesh size net.

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

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.

No cost of compliance.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: No costs.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: This rule was proposed by the purse seine fishers.

8. A List of Industries That Will Be Required to Comply with the Rule: No compliance requirement.

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: Cowlitz County P.U.D., 961 12th Avenue, Longview, WA 98632, on February 7-8, 2003, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Susan Yeager by January 24, 2003, TDD (360) 902-2207 or (360) 902-2267.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by January 31, 2003.

Date of Intended Adoption: February 7, 2003.

December 20, 2002

Evan Jacoby

Rules Coordinator

OTS-6131.1


AMENDATORY SECTION(Amending Order 01-32, filed 3/13/01, effective 4/13/01)

WAC 220-47-301   Puget Sound -- Lawful gear -- Purse seine.   (1) Lawful purse seine salmon nets in Puget Sound shall not exceed 1,800 feet in length along the cork line while wet and purse seine and lead combined shall not exceed 2,200 feet. Neither shall contain meshes of a size less than ((4)) 3-1/2 inches, nor shall the meshes of the seine and lead be lashed together to form one continuous piece of webbed gear. It shall be lawful as part of the purse seine to have a bunt not more than 10 fathoms long which may contain mesh of a size not less than 3-1/2 inches.

(2) It shall be unlawful to take or fish for salmon with purse seine gear in Puget Sound which contains mesh webbing constructed of a twine size smaller than 210/30d nylon, 12 thread cotton or the equivalent diameter in any other material.

(3) It shall be unlawful for any purse seine vessel to carry an extra lead or portion thereof unless stowed below decks during the fishing operation, nor may an extra lead or portion thereof be carried aboard its skiff.

(4) Purse seine mesh size shall be defined as the distance between the inside of one knot to the outside of the opposite vertical knot of one mesh. Minimum mesh size is met if a wedge of legal size can be passed without undue force through the mesh while wet.

(5) A purse seine will not be considered to be fishing once both ends of the seine are attached to the primary vessel.

(6) It shall be unlawful to take or fish for salmon with purse seine gear in Puget Sound unless at least four sections, each measuring no less than 12 inches in length, along the corkline in the bunt and within 75 fathoms of the bunt have no corks or floats attached. These four sections must be spaced such that one section is along the corkline in the bunt, within 5 fathoms of the seine net, and the other three sections must be spaced at least 20 fathoms apart along the corkline within 75 fathoms of the bunt.

[Statutory Authority: RCW 77.12.047. 01-07-015 (Order 01-32), 220-47-301, filed 3/13/01, effective 4/13/01. Statutory Authority: RCW 75.08.080. 97-16-030 (Order 97-124), 220-47-301, filed 7/29/97, effective 8/29/97; 87-15-059 (Order 87-72), 220-47-301, filed 7/14/87; 86-13-038 (Order 86-46), 220-47-301, filed 6/12/86; Order 988, 220-47-301, filed 4/28/72.]

Washington State Code Reviser's Office