Preproposal statement of inquiry was filed as WSR 98-06-065.

Title of Rule: Emerging commercial fishery--Puget Sound shrimp experimental fishery permits--Nontransferability--Primary operator participation requirements--Single alternate operator--Medical exceptions.

Purpose: To modify rule to meet original intent of promoting an owner/operator fishing business and reduce the incidence of leasing arrangements to nonpermitted participants.

Statutory Authority for Adoption: RCW 75.08.080 and 75.30.220.

Statute Being Implemented: RCW 75.08.080 and 75.30.220.

Summary: Requires permit holder to be the vessel operator except in cases of medical reasons as documented by physician's statement, including statement of condition and expected date of recovery.

Reasons Supporting Proposal: RCW requires permits issued to be nontransferable. This proposal removes loophole that is allowing a defacto transfer to occur.

Name of Agency Personnel Responsible for Drafting: Morris Barker, 1111 Washington Street, Olympia, WA, (360) 902-2826; Implementation: Bruce Crawford, 1111 Washington Street, Olympia, WA, (360) 902-2325; and Enforcement: Ron Swatfigure, 1111 Washington Street, Olympia, WA, (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 proposal (WAC 220-88A-050) will require the permit holder to be the vessel operator except in the case of a bona fide medical circumstance. The purpose of the rule is to close a loophole that is allowing some abuse of the RCW requiring nontransferability of permits. The anticipated effects will result in approximately two fishers (less than 10% of permit holders) being required to fish their own vessel. This also has the potential to reduce some pot effort when the alternate operator's financial incentive is removed from the equation.

Proposal Changes the Following Existing Rules: See Small Business Economic Impact Statement below.

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

Small Business Economic Impact Statement

Emerging commercial fishery--Puget Sound shrimp experimental fishery permits--Nontransferability--Primary operator participation requirement--Single alternate operator--Medical exception, WAC 220-88A-050.

1. Description of Reporting, Recordkeeping and Other Compliance Requirements by the Proposed Rule: There are no reporting or recordkeeping requirements with this proposal. The only record required is a letter from a physician in case an alternate operator is needed.

2. Kinds of Professional Services that a Small Business is Likely to Need in Order to Comply with Such Requirements: None, unless a medical condition exists and the fisher wants an alternate operator to operate the vessel - in that circumstance a letter from the applicant's physician is required.

3. Costs of Compliance for Businesses, Including Cost of Equipment, Supplies, Labor, and Increased Administrative Costs: The cost of compliance will be any extra fee the attending physician may charge, over and above normal medical charges, for providing the required letter to qualify a permit holder for an alternate operator authorization. Costs should not be expected to exceed $50 in any circumstance.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No, not unless a permit holder is unable to fish their vessel because of circumstances other than medical reasons. Compliance can have the effect of increasing gross income due to reduced labor.

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: a. Cost per employee; b. Cost per hour of labor; or c. Cost per one hundred dollars of sales. As no business is substantially affected there is no comparison.

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 costs of substance to small businesses.

7. A Description of How the Agency will Involve Small Business in the Development of the Rule: The department held public workshops in late 1997 and early 1998 with target user groups. At the request of the majority of the Puget Sound shrimp fishing industry, the agency agreed to promulgate this rule proposal.

8. A List of Industries that will be Required to Comply with the Rule: The Puget Sound shrimp trawl and shrimp pot fishers.

A copy of the statement may be obtained by writing to Evan Jacoby, 1111 Washington Street, Olympia, WA, phone (360) 902-2930, or FAX (360) 902-2940.

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

Hearing Location: Doubletree Hotel, Port Angeles, Washington, on June 13, 1998, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Robin Ayres by May 26, 1998, TDD (360) 902-2295, or (360) 902-2933.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA, FAX (360) 902-2940, by June 11, 1998.

Date of Intended Adoption: June 13, 1998.

April 21, 1998

Evan Jacoby

Rules Coordinator

AMENDATORY SECTION (Amending Order 94-14, filed 3/17/94, effective 4/17/94)

WAC 220-88A-050  Emerging commercial fishery--Puget Sound shrimp experimental fishery permits--Nontransferability--Primary operator participation requirement--Single alternate operator--Medical exception. Puget Sound shrimp pot experimental fishery permits and Puget Sound shrimp trawl experimental fishery permits are nontransferable. The following conditions apply to issuance and use of these permits:

(1) A permit will only be issued to an individual who is a natural person, and this person shall be the primary operator. ((The primary operator is required to operate the gear more than one-half of the season and make at least one-half of the landings, as established by valid fish receiving tickets.))

(2) Holders of Puget Sound shrimp pot experimental fishery permits and Puget Sound shrimp trawl experimental fishery permits may designate a single alternate operator per permit. The alternate operator may operate the gear ((up to but not equaling one-half of the fishing effort of the vessel per season, and may make up to but not equaling one-half of the landings, as established by valid fish receiving tickets, except that the director may allow operation of the gear and sale of the shrimp by an alternate operator in excess of one-half of the fishing effort)) in the case of a bona fide medical emergency for which the primary operator has presented a physician's statement which includes the medical condition and expected date of recovery of the primary operator. ((Notification of the medical emergency, presentation of the physician's statement, and obtaining a waiver from the director must be accomplished prior to the end of the season for which the emerging commercial fishery license and experimental fishery permit holder is seeking exception from the seasonal requirement that the primary operator perform more than one half of the fishing effort.))

[Statutory Authority: RCW 75.28.740 and 75.30.220. 94-07-092 (Order 94-14), § 220-88A-050, filed 3/17/94, effective 4/17/94.]