WSR 13-14-041

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 13-138—Filed June 27, 2013, 10:45 a.m., effective July 28, 2013]

Effective Date of Rule: Thirty-one days after filing.

Purpose: Amends WAC 220-95-100 and 220-95-110 for the commercial sea urchin and sea cucumber license reduction programs as follows:

(1) Changes the date from August 1 to December 1 for Washington department of fish and wildlife to begin accepting sales offers for commercial sea urchin and commercial sea cucumber licenses, and changes the purchase date from September 30 to January 31.

(2) Delegates authority to the director or his designee for setting the maximum purchase price of these licenses.

The anticipated effect of these changes is to optimize buy-back program participation and more efficiently use available funds.

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

Statutory Authority for Adoption: RCW 77.04.020, 77.12.047, 77.70.150, and 77.70.190.

Adopted under notice filed as WSR 13-10-074 on April 30, 2013.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 21, 2013.

Miranda Wecker, Chair

Fish and Wildlife Commission

AMENDATORY SECTION (Amending WSR 12-15-019, filed 7/10/12, effective 8/10/12)

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 by the department.

(2) Offer process: The department will accept sales offers beginning ((August)) December 1st of each year and will purchase licenses based on the funds that are available on ((September 30th)) January 31st of ((that same)) the following year.

(3) Selection process: The department will rank sales offers from the lowest offer to the highest. It will purchase the lowest-cost licenses first, then the next lowest, and continue until there are insufficient funds to complete a purchase on an offer. If two or more licenses are offered at the same price, selection will be by random draw. To purchase licenses, the department will use the funds made available under RCW 77.70.150, with a maximum purchase price ((of twenty thousand dollars per license)) set by the director or his or her designee. The director or his or her designee must seek the advice of commercial sea urchin fishery license holders prior to setting or revising the maximum purchase price. Once the director or his or her designee establishes or revises the maximum bid price, he or she will convey the price via emergency rule by November 1st of each year.

(4) License reduction process: When the department purchases a license, it will issue a warrant (a check from the department) in the amount of the offer to the license holder. On the date that the department mails the warrant to the license holder's mailing address on file with the department, it will void the license. When the license holder receives the warrant, he or she must return his or her commercial sea urchin license cards to the department.

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

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

AMENDATORY SECTION (Amending WSR 12-15-019, filed 7/10/12, effective 8/10/12)

WAC 220-95-110 Sea cucumber license reduction program.

In order to provide for economic stability in the commercial sea cucumber fishery, and in accordance with RCW 77.70.190, the department establishes the sea cucumber license reduction program (program).

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

(3) Selection process: The department will rank sales offers from the lowest offer to the highest. It will purchase the lowest-cost licenses first, then the next lowest, and continue until there are insufficient funds to complete a purchase on an offer. If two or more licenses are offered at the same price, selection will be by random draw. To purchase licenses, the department will use the funds made available under RCW 77.70.190, with a maximum purchase price ((of sixty thousand dollars per license)) set by the director or his or her designee. The director or his or her designee must seek the advice of commercial sea cucumber fishery license holders prior to setting or revising the maximum purchase price. Once the director or his or her designee establishes or revises the maximum bid price, he or she will convey the price via emergency rule by November 1st of each year.

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

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