WSR 03-02-032

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed December 23, 2002, 11:39 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-10-094.

Title of Rule: Commercial fishing rules.

Purpose: Amend sale of salmon eggs rule.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Extend prohibition on sale of salmon eggs without the carcass being present to species other than chum salmon.

Reasons Supporting Proposal: Better catch accounting.

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: Catch data accounting requires knowledge of the actual number of fish removed from the resource. Although some fall salmon stocks have little carcass value, the eggs are a valuable commodity. The practice of selling the eggs alone does not provide sufficient information on the numbers of salmon that were harvested to take the eggs. Requiring the presence of the salmon carcasses allows a tally on the actual number of salmon taken. Currently this rule applies to chum salmon, and may be applicable to additional species.

Proposal Changes the Following Existing Rules: Extend salmon eggs sales rule to species other than chum.

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. Compliance is delivery of the salmon carcasses with the eggs.

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: Fishers will be required to haul the salmon carcasses to the buying station for an accurate count of the salmon harvested.

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.

If there is a market for the carcasses, the delivery will actually increase revenue. If there is no market, there may be a disposal cost (although the most obvious disposal, at-sea discarding, has minimal costs).

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: This rule is necessary only where there is minimal carcass value. The department is working with fishers who sell both the carcasses and the eggs, but to different buyers.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: This rule is being developed with industry.

8. A List of Industries That Will Be Required to Comply with the Rule: Salmon 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: 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: April 11, 2003.

December 23, 2002

Evan Jacoby

Rules Coordinator

OTS-5663.2


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

WAC 220-20-016   Sale and purchase of commercial caught salmon.   (1) It is unlawful for any person licensed to take salmon for commercial purposes as required under chapter 77.65 RCW to:

(a) Retain for personal use more than the equivalent of one daily sport bag limit for the area being fished. All salmon taken under commercial license must be recorded on state of Washington fish receiving tickets. The daily limit and possession limit described in this subsection also apply to crew members of the licensed fishing vessel.

(b) Sell any salmon he takes under such license to anyone other than a licensed wholesale dealer located within or outside the state of Washington: Provided, That a person who is himself licensed as a wholesale dealer under the provisions of RCW 77.65.280 may sell his catch to individuals or corporations other than licensed wholesale dealers.

(c) Sell, barter or attempt to sell or barter ((chum)) salmon eggs that have been removed from the body cavity of ((chum)) salmon unless all carcasses from which eggs have been removed are sold to the same buyer.

(d) Discard ((chum)) salmon that may be lawfully retained except fishers may discard salmon that are unmarketable due to seal predation.

(2) It is unlawful for any person licensed as a wholesale dealer as required under RCW 77.65.280 and acting in the capacity as an original receiver to purchase or attempt to purchase ((chum)) salmon eggs without also purchasing all male and female ((chum)) salmon taken by the fisher, including the salmon carcasses from which the eggs were removed.

[Statutory Authority: RCW 77.12.047. 01-07-015 (Order 01-32), 220-20-016, filed 3/13/01, effective 4/13/01. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-20-016, filed 11/19/99, effective 12/20/99; 85-11-020 (Order 85-43), 220-20-016, filed 5/10/85; 80-01-021 (Order 79-137), 220-20-016, filed 12/14/79.]

Washington State Code Reviser's Office