WSR 97-06-083
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
FISH AND WILDLIFE
[Filed March 3, 1997, 10:08 a.m.]
Subject of Possible Rule Making: Amend rules relating to the time, place and manner of commercial fishing; specifically Puget Sound commercial net gear configurations and/or open periods.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 75.08.080.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Changes in fishing strategies are likely needed in order to reduce bycatch of seabirds and to meet federal regulatory obligations.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: United States Fish and Wildlife Service protected migratory birds through the Migratory Bird Treaty Act, and regulates the taking of threatened or endangered species through the Endangered Species Act. National Marine Fisheries Service has regulatory control of net fisheries directed at Fraser River sockeye and pink salmon, through the Fraser River Panel of the Pacific Salmon Commission, per the Pacific Salmon Treaty. The Washington Department of Fish and Wildlife has worked with the United States Fish and Wildlife Service and National Marine Fisheries Service since 1993, meeting at least annually to develop fishing strategies to reduce impacts on seabirds in those fisheries.
Process for Developing New Rule: Agency study, 1997 is the fourth year of a five-year conservation plan developed in 1994 to address concerns about seabird entanglement in net fisheries. The first year of the plan included a major study to estimate marbled murrelet and other seabird entanglement rates and a pilot study that began to test modified gillnet and purse seine gear designed to reduce bird mortalities. The gillnet gear studies were expanded in 1995 and 1996, and the 1996 study resulted in recommendations for gear modifications in gillnet fisheries. The fourth and fifth years of the plan, 1997 and 1998, were intended for phased implementation of the gear modifications indicated by the studies. New rule proposals will incorporate recommendations from 1994-1996 gillnet gear studies.
The conservation plan, entanglement rate study, gear modification studies and annual conservation actions were developed and carried out with participation of the fishing industry (Puget Sound Gillnetters Association, Purse Seine Vessel Owners Association, Lummi Fisheries Supply), in consultation with the United States Fish and Wildlife Service, National Marine Fisheries Service, Northwest Indian Fisheries Commission, United States Bureau of Indian Affairs, Washington Sea Grant, and representatives from environmental groups such as National Audubon Society, Black Hills Audubon Society, Rainier Audubon Society, American Oceans Campaign, and Greenpeace.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Bruce Crawford, Department of Fish and Wildlife, 600 North Capitol Way, Olympia, WA 98504.
Expected Proposal: April 23, 1997.
Expected Hearing Date: May 30, 1997.
Expected Adoption Hearing: June 1, 1997.
February 28, 1997
Evan Jacoby
Rules Coordinator