WSR 97-24-087

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Filed December 2, 1997, 4:34 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-19-094.

Purpose: Modify commercial catch reporting of marine fish and shellfish for coastal Washington, WAC 220-22-410.

Statutory Authority for Adoption: RCW 75.08.080.

Summary: This proposal divides two existing catch reporting areas into two subunits each.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Bruce Crawford, 1111 Washington Street, Olympia, (360) 902-2325; and Enforcement: Ron Swatfigure, 1111 Washington Street, Olympia, (360) 902-2927.

Name of Proponent: Washington 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: This modification of catch reporting areas for marine fish and shellfish commercial catches subdivides two existing catch areas each into two smaller subunits. These smaller units align very closely with the "usual and accustomed" fishing areas of coastal treaty Indian tribes. More accurate reporting of location of harvest will, in turn, enable the state and tribes to more accurately determine appropriate harvest allocations.

Proposal Changes the Following Existing Rules: Modifies subsections (11) and (13) of WAC 220-22-410 by subdividing catch Areas 59A and 60A.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

1. Description of the Reporting, Recordkeeping, and Other Compliance Requirements of the Proposed Rule: Two existing commercial marine fish and shellfish catch reporting areas will each be divided into two subunits. Buyers will simply be required to fill the catch area block on fish tickets with 59A-1 or 59A-2 rather than 59A, and with 60A-1 or 60A-2 rather than 60A. The Washington Department of Fish and Wildlife will provide new catch area charts to commercial fish buyers and fishers.

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: None.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No.

5. Cost of Compliance for the Ten Percent 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: None.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: None. There are no additional costs.

7. A Description of How the Agency will Involve Small Businesses in the Development of the Rule: Representatives of the coastal commercial industry have participated in state-tribal negotiations and are aware of the need for more accurate catch area reporting.

8. A List of Industries that will be Required to Comply with the Rule: All buyers of coastal commercial marine fish and shellfish.

A copy of the statement may be obtained by writing to the Washington Department of Fish and Wildlife, Rules Coordinator, 600 Capitol Way, Olympia, WA 98501, phone (360) 902-2930, or FAX (360) 902-2944.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This proposal does not apply to hydraulic code rules.

Hearing Location: Maple Hall, 108 Commercial Street, La Conner, WA, on January 23-24, 1998, at 9 a.m.

Assistance for Persons with Disabilities: Contact Robin Ayers by January 8, 1998, TDD (360) 902-2295, or (360) 902-2933.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way, Olympia, 98501, FAX (360) 902-2940, by January 14, 1998.

Date of Intended Adoption: January 24, 1998.

December 2, 1997

Evan Jacoby

Rules Coordinator

AMENDATORY SECTION (Amending Order 84-24, filed 3/27/84)

WAC 220-22-410 Marine Fish-Shellfish Management and Catch Reporting Areas, coastal waters. (1) Area 50 shall include waters of the Bering Sea north of the Aleutian Islands.

(2) Area 51 shall include waters south of the Aleutian Islands and west of longitude 159 W.

(3) Area 52 shall include waters west of longitude 154 W and east of Area 51.

(4) Area 53 shall include waters west of longitude 147 W and east of Area 52.

(5) Area 54 shall include waters west of longitude 137 W and east of Area 53.

(6) Area 55 shall include waters north of latitude 54 40' N and east of Area 54.

(7) Area 56 shall include waters north of latitude 50 30' N and south of Area 55.

(8) Area 57 shall include waters north of latitude 48 26' N and south of Area 56.

(9) Area 58A shall include waters north of the United States - Canada boundary and south of Area 57.

(10) Area 58B shall include waters west of a line projected 220 true southwest from the equidistant point between the United States and Canada along the Cape Flattery to Bonilla Point line, north of a line projected true west from Point Grenville and south of Area 58A.

(11) Area ((59A)) 59A-1 shall include waters east of the 220 true line, west of a line from Cape Flattery to Bonilla Point, and north of ((a line true west from Point Grenville excluding)) 47 40' 30" N. Latitude (Destruction Island) exclusive of coastal waters (0-3 miles) north of a line projected true west from Cape Alava.

(12) Area 59A-2 shall include waters east of the 220 true line, south of 47 40' 30" N. Latitude (Destruction Island), and north of a line projected true west from Point Grenville.

(13) Area 59B shall include coastal waters (0-3 miles) northerly of a line projected true west from Cape Alava and west of a line projected from the Bonilla Point light on Vancouver Island to the Tatoosh Island light and then to the most westerly point of Cape Flattery.

(((13) Area 60A)) (14) Area 60A-1 shall include waters north of a line projected true west from ((the Washington-Oregon boundary in the Columbia River, and south of Areas 58, 59A, and 59B)) Point Chehalis (46 53' 18" N. Latitude) and south of a line projected true west from Point Grenville exclusive of ((the Columbia River estuary,)) Grays Harbor ((and Willapa Bay)).

(((14))) (15) Area 60A-2 shall include waters north of a line projected true west from the Washington-Oregon boundary in the Columbia River and south of a line projected true west from Point Chehalis (46 53' 18" N. Latitude) exclusive of the Columbia River estuary and Willapa Bay.

(16) Area 60B shall include the waters of Grays Harbor east of a line projected from the outermost end of the north jetty to the outermost end of the south jetty.

(((15))) (17) Area 60C shall include the saltwater areas of Willapa Bay east of a line from Leadbetter Point to Cape Shoalwater light.

(((16))) (18) Area 60D shall include waters of the Columbia River east of a line projected from the inshore end of the north jetty in the state of Washington to the knuckle of the south jetty in the state of Oregon, and west of the Megler-Astoria Bridge.

(((17))) (19) Area 61 shall include waters north of latitude 42 00' N, and south of Area 60A, exclusive of the Columbia River estuary.

(((18))) (20) Area 62 shall include waters north of latitude 38 00' N, and south of Area 61.

(((19))) (21) Area 63 shall include waters north of latitude 32 00' N, and south of Area 62.

(((20))) (22) Area 64 shall include all waters south of Area 63.

(((21))) (23) This WAC will not apply to hardshell clams, oysters, or geoducks.