PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-05-040.
Title of Rule: License designation for Puget Sound scallop trawl fishery.
Purpose: Identify license requirement for the operation of this fishery.
Statutory Authority for Adoption: RCW 75.08.080.
Statute Being Implemented: RCW 75.08.080.
Summary: Designate a commercial fishing license type for Puget Sound scallop trawl gear.
Reasons Supporting Proposal: The 1999 legislation that designated Puget Sound commercial shrimp fisheries as a limited entry fishery designated the Puget Sound shrimp trawl fishery license as the license required under the limited entry provision for shrimp beam trawl gear. This license had also been designated as the license required for scallop trawl gear in Puget Sound. As this license is no longer available for the scallop trawl fishery, a different license needs to be designated for this fishery and gear.
Name of Agency Personnel Responsible for Drafting: Morris Barker, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2826; Implementation: Lew Atkins, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2325; and Enforcement: Bruce Bjork, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2373.
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: Rule will provide a license designation that will allow the Puget Sound scallop trawl fishery to operate. This will replace the previously designated license which was used to designate a limited entry license for Puget Sound shrimp beam trawling in 1999.
Proposal Changes the Following Existing Rules: Modifies existing rule to redefine the license designation for the Puget Sound scallop trawl fishery.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
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 10% 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: No additional costs.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: No costs incurred by rule.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: A public hearing process will occur as part of the Fish and Wildlife Commission meeting process.
8. A List of Industries That Will Be Required to Comply with the Rule: Puget Sound scallop trawlers.
A copy of the statement may be obtained by writing to Morris Barker, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2826, fax (360) 902-2944.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulic rules.
Hearing Location: Best Western Hotel, 15901 West Valley Road, Tukwila, WA 98188, on August 11-12, 2000, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by July 25, 2000, TDD (360) 902-2207, or (360) 902-2226.
Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2944, by August 10, 2000.
Date of Intended Adoption: August 11, 2000.
May 10, 2000
Evan Jacoby
Rules Coordinator
OTS-4045.1
AMENDATORY SECTION(Amending Order 94-23, filed 5/19/94,
effective 6/19/94)
WAC 220-52-069
Scallop fishery -- Puget Sound.
It is unlawful to fish for or possess scallops taken for commercial purposes from Puget Sound except as provided for in this section:
(1)(a) Rock scallops and weathervane scallops. It is unlawful at any time to take or possess rock or weathervane scallops taken for commercial purposes from Puget Sound unless a person has first obtained a scallop brood stock permit issued by the department. The permit will specify the species, location, time, and quantity of scallops that can be taken for brood stock or culture purposes.
(b) Licensing:
(i) A shellfish dive fishery license is a license that allows a permittee to retain rock and weathervane scallops for brood stock purposes.
(ii) Shrimp trawl -- Puget Sound and food fish trawl -- Puget Sound fishery licenses are licenses that allow a permittee to retain weathervane scallops for brood stock purposes.
(2) Pink scallops and spiny scallops.
(a) General provisions:
(i) Pink and spiny scallops may be harvested from Puget Sound at any time.
(ii) The minimum commercial pink or spiny scallop size is 2 inches in length from the hinge to the outer margin of the shell.
(iii) Persons fishing for pink or spiny scallops must have approval of the Washington state department of health. Scallops may only be taken from areas approved by the department of health and any fisher taking pink or spiny scallops must have on board the harvesting vessel a valid department of health shellfish toxin sampling agreement.
(iv) No other shellfish except octopus and squid or food fish may be retained while scallop fishing or possessed aboard the scallop fishing vessel.
(b) Trawl gear provisions:
(i) Trawlers may only use single beam trawls not exceeding ten feet in width and having mesh size no smaller than two inches in the intermediate portion and cod end of the trawl.
(ii) Trawling for scallops is prohibited in waters less than 120 feet below mean lower low water.
(iii) Trawling for scallops is prohibited in the following areas:
(A) All waters closed to bottomfish trawl in WAC 220-48-015.
(B) Shrimp Districts 1 and 3 as defined in WAC 220-52-051.
(C) Sea Urchin Districts 1 and 2 closed waters defined in WAC 220-52-073 (1)(a)(i), (ii), and (1)(b)(ii).
(iv) Licensing: A ((shrimp)) food fish trawl -- Puget Sound
fishery license is the license required to operate the gear
provided for in this section.
(c) Shellfish diver gear provisions:
(i) Diving for scallops is prohibited in Sea Urchin Districts 1 and 2 closed waters as defined in WAC 220-52-073 (1)(a)(i), (ii), (1)(b)(i), and (ii).
(ii) Licensing: A shellfish dive fishery license is the license required to take scallops with shellfish diver gear.
[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), § 220-52-069, filed 5/19/94, effective 6/19/94; 93-15-051, § 220-52-069, filed 7/14/93, effective 8/14/93; 91-10-024 (Order 91-22), § 220-52-069, filed 4/23/91, effective 5/24/91; 87-15-022 (Order 87-69), § 220-52-069, filed 7/8/87; 86-08-056 (Order 86-14), § 220-52-069, filed 3/28/86; 84-08-014 (Order 84-24), § 220-52-069, filed 3/27/84; 82-03-045 (Order 82-6), § 220-52-069, filed 1/19/82; Order 807, § 220-52-069, filed 1/2/69, effective 2/1/69. Formerly WAC 220-52-060(7).]