Date of Adoption: April 27, 2004.

     Purpose: Amend coastal sardine rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-88C-030 and 220-88C-040.

     Statutory Authority for Adoption: RCW 77.12.047.

      Adopted under notice filed as WSR 04-07-186 on March 24, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

April 28, 2004

J. P. Koenings

Director

OTS-7018.2

AMENDATORY SECTION(Amending Order 03-111, filed 6/4/03, effective 7/5/03)

WAC 220-88C-030   Eligibility to participate in the coastal pilchard fishery.   (1) ((For 2003, a coastal pilchard experimental fishery permit will be issued only to a person who:

     (a) Can demonstrate by valid Washington fish receiving tickets that at least forty metric tons cumulative weight of pilchard taken from Pacific Ocean waters were landed under the person's emerging commercial fishery license during the previous three calendar years (2000, 2001, and 2002) or can demonstrate by valid Washington fish receiving tickets that pilchard were landed under the person's emerging commercial fishery license during two of the three calendar years (2000, 2001, or 2003);

     (b) Has purchased an emerging commercial fisheries license by July 1, 2003; and

     (c) As of July 1, 2003, has no outstanding observer fees owed to the department for the 2000, 2001, or 2002 coastal pilchard trial fisheries.

     (2))) Beginning 2004, a coastal pilchard experimental fishery permit will be issued only to a natural person who:

     (a) Held such a permit the previous year;

     (b) Has purchased an emerging commercial fisheries license by April 1st; and

     (c) As of April 1st has no outstanding observer fees owed to the department.

     (((3))) (2) Beginning 2005, a coastal pilchard experimental fishery permit will be issued only to a natural person who:

     (a) Held such a permit the previous year;

     (b) Can demonstrate by valid Washington fish receiving tickets that at least forty metric tons cumulative weight of pilchard taken from Pacific Ocean waters were landed under the person's emerging commercial fishery license during the previous two calendar years;

     (c) Has purchased an emerging commercial fisheries license by April 1st; and

     (d) As of ((April)) December 1st of ((each)) the previous licensing year has no outstanding observer fees owed to the department.

     (((4))) (3) Coastal pilchard experimental fishery permits may be revoked by the director, and future permits denied by the director, for failure to comply with conditions specified in the permits or violation of other commercial fishing rules, and shall be revoked if the emerging commercial fishery license is suspended. A coastal pilchard experimental fishery permit will not be renewed if the emerging commercial fishery license is revoked or future fishing privileges of the licensee are suspended.

     (((5))) (4) If less than twenty permits are issued to persons who meet the permit renewal requirements specified in subsection((s (2) and (3))) (1) of this section, the director may offer replacement permits, provided that:

     (a) The total number of permits issued by the director, including replacement permits, shall not exceed twenty-five.

     (b) Replacement permits shall be issued to persons who ((had)) can demonstrate by valid Washington fish receiving tickets that a minimum of forty metric tons (cumulative round weight) of pilchard were landed ((a minimum of five metric tons (cumulative round weight) of pilchard taken from Pacific Ocean waters)) under the person's emerging commercial fishery license in 2000, 2001, and 2002, ((by random drawing)) and who have submitted a completed replacement permit application to the department by June 1, 2004.

     (c) If ((less than twenty permits are issued to persons who meet the minimum landing requirements specified in (b) of this subsection, the director may offer a replacement permit by random drawing)) more than twenty-five persons meet the criteria specified in (b) of this subsection, replacement permits will be issued to persons with the highest cumulative landings during the qualifying period, in descending order, until twenty-five permits are issued.

     (((6))) (5) Coastal pilchard experimental fishery permits are only valid for the year issued and expire on ((December)) October 31st of the year issued with the expiration of the emerging commercial fishery license.

     (((7))) (6) Permit holders must designate a vessel to be used in the coastal pilchard emerging commercial fishery ((by May 31 of each year)) at least forty-eight hours before their first pilchard fishing trip of each season. Once designated, permit holders may not change vessel designation ((between June 1 and October 31)) for the remainder of the season, except in an emergency and then only if allowed by the director. The same vessel may not be designated on more than one emerging commercial fishery license and accompanying coastal pilchard experimental fishery permit.

[Statutory Authority: RCW 77.12.047. 03-13-002 (Order 03-111), § 220-88C-030, filed 6/4/03, effective 7/5/03; 01-07-016 (Order 01-36), § 220-88C-030, filed 3/13/01, effective 4/13/01.]

     (2) It is unlawful to retain any species taken incidental to pilchard in the coastal pilchard fishery except anchovy, mackerel, and squid. ((Incidental landings of Pacific mackerel cannot exceed forty-five percent, by weight, of the total landing.)) Any salmon encircled in the purse seine must be released prior to completion of the set, and no salmon may be landed on the fishing vessel.

     (3) The transfer of catch from one vessel to another is prohibited.

     (4) Legal purse seine gear must be aboard the vessel making the landing.

     (5) Pilchard landings must be delivered to a shoreside processing facility.

[Statutory Authority: RCW 77.12.047. 03-13-002 (Order 03-111), § 220-88C-040, filed 6/4/03, effective 7/5/03; 01-07-016 (Order 01-36), § 220-88C-040, filed 3/13/01, effective 4/13/01.]

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