WSR 23-04-094

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 22-19—Filed January 31, 2023, 2:57 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 22-24-112.

Title of Rule and Other Identifying Information: Commercial fixed gear rockfish landings condition. The department is considering amending WAC 220-353-050 to add certain bottomfish (also known as groundfish) to the list of commercially taken species that are permitted to be possessed, transported through the waters of the state, and landed in dressed condition.

Hearing Location(s): On March 14, 2023, at 9:00 a.m., Zoom webinar https://us02web.zoom.us/meeting/register/tZMrdequrjovGNwCo0Hhy41ylpsJJZDvxi7M. Register in advance for this meeting https://us02web.zoom.us/meeting/register/tZMrdequrjovGNwCo0Hhy41ylpsJJZDvxi7M. After registering, you will receive a confirmation email containing information about joining the meeting.

Date of Intended Adoption: No sooner than March 14, 2023.

Submit Written Comments to: Whitney Roberts, 1111 Washington Street S.E., Olympia, WA 98501, email commercial-rockfish@PublicInput.com, voicemail comments 855-925-2801, project code 2303, website https://publicinput.com/commercial-rockfish, by March 10, 2023.

Assistance for Persons with Disabilities: Contact Title VI/ADA compliance coordinator, phone 360-902-2349, TTY 1-800-833-6388 or 711, email Title6@dfw.wa.gov, by March 10, 2023.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule change is to allow commercial landings of dressed rockfish for vessels that obtain a director's permit to do so. To ensure accurate data collection for stock assessments, fish are currently required to be landed into Washington ports in the whole (also known as round) condition, unless specifically exempted in regulation. This rule would expand the list of exempted species/species groups to include rockfishes, again as authorized by permit of the director.

Reasons Supporting Proposal: Some commercial fishers in the fixed gear sablefish fishery, as well as the salmon troll fishery, have requested that additional species, such as rockfishes, be exempted from the existing rule because dressing them at sea would preserve their marketability and reduce discarding early in the trip due to spoilage. The average trip in the largest portion of the fixed gear sablefish fishery lasts seven to eight days. Therefore, some first receivers (or buyers) are refusing rockfish deliveries unless the rockfish was caught within the last few days of the trip, and some fishers are therefore discarding or are unable to market a portion of their incidentally caught rockfish. Even for the rockfish that vessels are able to sell, a dressed/gutted fish may get a higher price. Additionally, the department has received support letters about growing interest in selling dressed rockfish at direct-to-consumer markets, and allowing dressing of rockfish at sea may better serve this type of market. Rockfish are an important contribution to overall revenue, and this rule change would allow more fishers to sell a larger percentage of their catch. Buyers have also commented that, with this rule change, they expect to be able to resell more of the rockfish they receive from fishers. Overall, this rule change would be expected to reduce waste by reducing discards. The permits, which will be issued at the discretion of the director, will include terms and conditions designed to ensure that the department maintains the ability to adequately sample rockfish for stock assessments.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.013, 77.04.020, 77.12.045, 77.04.055, and 77.12.047.

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

Name of Proponent: Washington department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Whitney Roberts, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2675; Implementation: Kelly Cunningham, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2325; and Enforcement: Chief Steve Bear, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2938.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not require a cost-benefit analysis under RCW 34.05.328.

Scope of exemption for rule proposal from Regulatory Fairness Act requirements:

Is not exempt.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The fishing businesses that would be affected by this proposed rule all qualify as small businesses under the Regulatory Fairness Act. The proposed change would reduce existing substantive regulatory requirements through a voluntary, permit-based program. Businesses would be expected to participate only if the opportunity to earn additional revenues from the improved quality of dressing fish at sea outweigh the costs of participating.

The department expects any additional costs of participation to be minor. Permits will be provided at no cost to applicants. New costs would arise only from the time needed to apply for the permit and to comply with permit terms and conditions, including training. Permit terms and conditions will not add reporting or recordkeeping requirements beyond those already required. Likewise, the time needed to interact with the department would be minimal compared to the time businesses already spend applying for fishery licenses and interacting with department port biologists. Neither the application process nor compliance would be expected to reduce time available for fishing.

The department collects information on revenues earned by fishing businesses delivering fish into the state (exvessel revenues) and has access to the equivalent information collected by our counterparts in Oregon and California. The set of businesses that would participate is unknown. Revenues vary widely among fishery sectors and individual businesses. The request to land dressed rockfish originated from participants in the primary fixed gear sablefish fishery. Businesses that participated in that fishery in 2021 earned, on average, exvessel revenues of $309,042. The 0.3 percent minor cost threshold corresponding to this amount is $927. As a measure of business earning lower than the 2021 west coast average, the minor cost threshold associated with the 20th percentile revenue value was $259. Considering only west coast revenues leads to an understatement of revenues, as many businesses also fish in the Alaska sablefish and halibut fishery. The department does not have the same access to Alaska landings information. However, publicly available data show that the average per exvessel revenue earnings from that fishery were $289,570 in 2021 (source: Pacific States Marine Fisheries Commission Alaska Fisheries Information Network).

Individuals from the salmon troll fishery sector have also expressed interest in participating in the proposed program. Many trollers choose to not land groundfish because of the added cost of federal vessel monitoring regulations. Only 14 landed groundfish in 2021. The minor cost threshold for those vessels, based on the average west coast exvessel revenues, was $341. The 20th percentile value was $109.

Finally, although the department has concluded that the costs of participating in the voluntary program will be minor, we will nonetheless work with participants to ensure that permit terms and conditions are kept to the minimum needed to ensure accurate data collection for stock assessment and catch accounting.

January 31, 2023

Chris Fredley

Acting Agency Rules Coordinator

OTS-4308.1