PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-05-026.
Title of Rule: Amend commercial fishing rules.
Purpose: To delete provisions that no longer apply; establish a harvest subquota for the southern Washington coast; to clarify incidental catch allowances for possession of both spot shrimp and groundfish; and to modify the season opening date for trawl gear in the Grays Canyon area.
Statutory Authority for Adoption: RCW 75.08.080.
Statute Being Implemented: RCW 75.08.080.
Summary: A 100,000 pound harvest subquota will be established for the southern Washington coast, season opening date for trawl gear in the Grays Canyon area will be reset from May 1 to July 1, and groundfish taken with legal groundfish gear may be retained on spot shrimp pot vessels.
Reasons Supporting Proposal: A harvest subquota for the southern Washington coastal area reduces the risk of overfishing in that area. A delay in the season opening date for spot shrimp trawl gear in the Grays Canyon area will provide a more equitable fishing opportunity for pot gear fishers. This should improve the harvest balance between the two competing gear types in accordance with fishery management objectives set by the Fish and Wildlife Commission. Clarification of incidental finfish provisions will allow spot shrimp pot gear fishers to retain groundfish if taken with legal groundfish gear.
Name of Agency Personnel Responsible for Drafting: Morris Barker, 1111 Washington Street, Olympia, WA, (360) 902-2826; Implementation: Lew Atkins, 1111 Washington Street, Olympia, WA, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, WA, (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: Amendments to rules governing the coastal commercial spot shrimp fishery (chapter 220-88B WAC) are being proposed to delete subsections (provisions) that are no longer applicable, to establish a harvest subquota for the southern coastal area, to extend a closure to trawl gear by two months in the Grays Canyon area, and to clarify a provision regarding retention of groundfish by shrimp pot gear fishers.
These rule changes should reduce the risk of overharvest in the southern coastal area, improve the harvest balance between pot and trawl gear fishers by providing more opportunity in the Grays Canyon area for pot gear fishers, and to provide pot gear fishers with an opportunity to retain groundfish taken with legal groundfish gear.
Proposal Changes the Following Existing Rules: A rule is being modified to delete provisions that are no longer applicable. Rules are being amended to implement a 100,000 pound harvest subquota for the southern Washington area coupled with a reduced spot shrimp trawl season in a sub-area to reduce the risk of overharvest and to provide a more equitable distribution of the catch between gear groups.
Rules are being amended to clarify the incidental restriction on finfish. Spot shrimp pot fishers will be allowed to retain groundfish taken with legal groundfish gear within limits set by federal regulation.
See below.
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: No change.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? During calendar year 1999 trawl gear fishers caught 95% and pot gear fishers caught 5% of the total harvest. In accordance with fishery management policy set by the Washington Department of Fish and Wildlife Commission, these rule amendments are intended to provide more fishing opportunity for shrimp pot fishers in order to improve the harvest balance between the two competing gear types, and to reduce the risk of overharvest in the Grays Canyon area. Reduction in fishing opportunity for trawl gear fishers does not necessarily relate directly to loss of revenue because fishers can move to other areas and catch an equivalent total amount. However, individual trawl gear fishers could experience some unquantifiable loss of revenue.
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:
| a. Cost per employee; | Not applicable. |
| b. Cost per hour of labor; or | Not applicable. |
| c. Cost per one hundred dollars of sales. | Not applicable. |
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: Affected fishers participated in development of these rule amendments. A consensus was reached during department and industry meetings held in late January 2000. All fishers were notified by mail in February of the proposed rule changes. No objections have been received from fishers to date. In addition, fishers will have the opportunity to testify prior to rule adoption by the Fish and Wildlife Commission.
8. A List of Industries That Will Be Required to Comply with the Rule: Coastal commercial spot shrimp fishers.
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 27, 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) 902-2940, by August 10, 2000.
Date of Intended Adoption: August 11, 2000.
June 20, 2000
Evan Jacoby
Rules Coordinator
OTS-4118.1
AMENDATORY SECTION(Amending Order 98-257, filed 12/22/98,
effective 1/22/99)
WAC 220-88B-030
Emerging commercial fishery -- Eligibility
for coastal experimental fishery permits -- Terms and conditions of
use -- Renewal.
(1) A 1999 coastal spot shrimp pot experimental fishery permit will be issued to a natural person who is the owner of a vessel that can prove by means of valid Washington fish receiving tickets that at least 1,000 round pounds of spot shrimp were taken from waters of the Pacific Ocean between 46.15.00' and 48.28.00" N. latitude with shellfish pot gear and delivered from that vessel during the period January 1, 1992, through March 30, 1998, and that coastal spot shrimp were landed from the vessel during 1996, 1997 or 1998. In order for a fish receiving ticket to be valid it must have been received by the department no later than April 15, 1998. Valid Oregon fish receiving tickets may be used to meet the qualifying criteria for issuance of a coastal spot shrimp pot experimental fishery permit specified in this subsection, provided that reasonable proof is presented to the department that the spot shrimp were taken from waters of the Pacific Ocean adjacent to the state of Washington prior to March 30, 1998, and the fish receiving tickets were received by the Oregon department of fish and wildlife no later than April 15, 1998.
(2) A 1999 coastal spot shrimp trawl experimental fishery permit will be issued to a natural person who is the owner of a vessel that can prove by means of valid Washington fish receiving tickets that at least 10,000 round pounds of spot shrimp were taken from waters of the Pacific Ocean between 46.15.00' and 48.28.00" N. latitude with trawl gear and delivered from that vessel during the period from January 1, 1992, through March 30, 1998, and that coastal spot shrimp were landed from the vessel during 1996, 1997 or 1998. In order for a fish receiving ticket to be valid it must have been received by the department no later than April 15, 1998. Valid Oregon fish receiving tickets may be used to meet the qualifying criteria for issuance of a coastal spot trawl experimental fishery permit specified in this subsection, provided that reasonable proof is presented to the department that the spot shrimp were taken from waters of the Pacific Ocean adjacent to the state of Washington prior to March 30, 1998, and the fish receiving tickets were received by the Oregon department of fish and wildlife no later than April 15, 1998.
(3) For purposes of this section, landings of spot shrimp reported as "tails" on fish receiving tickets will be converted to round pounds by multiplying the reported weight of tails by two.
(4) In the event the owner has replaced a vessel that was used during the qualifying period, the landings from the original and replacement vessels may be combined for purposes of achieving the minimum landing requirement during the qualifying period.
(5) No individual may hold more than one Washington coastal spot shrimp experimental fishery permit.
(6) Coastal spot shrimp experimental fishery permits are not transferable. Only the vessel designated in the emerging commercial fishery license and coastal spot shrimp experimental fishery permit may be used to fish for or deliver spot shrimp.
(7) After 1999, a coastal spot shrimp pot experimental fishery permit or a coastal spot shrimp trawl experimental fishery permit will be issued only to the person who:
(a) Held such a permit the previous year; and
(b) Beginning January 1, 2001, can demonstrate by valid Washington fish receiving tickets that at least 1,000 cumulative round weight pounds of spot shrimp taken from waters of the Pacific Ocean adjacent to the state of Washington were landed from the person's vessel during the previous two calendar years.
(8) The director may convert coastal spot shrimp experimental trawl fishery permits to coastal spot shrimp experimental pot fishery permits.
(9) Coastal spot shrimp experimental fishery permits may be revoked by the director for failure to comply with conditions specified in the permits or violations of other fishing regulations. A coastal spot shrimp experimental fishery permit shall be revoked if the emerging commercial fishery license is revoked or future fishing privileges of the licensee are suspended.
(10) The director may issue a coastal spot shrimp experimental fishery permit to another person if a permittee fails to make the requisite landings, if the person's experimental coastal spot shrimp experimental fishery permit is revoked, or if no application for an emerging commercial fishery license is received by March 31st of each year. The total number of permits issued, including replacement permits, shall not exceed the number of permits issued in 1999. Selection of persons to receive replacement permits shall be by gear type, and replacement permits will be offered in descending order first to persons who made the largest total of Washington coastal spot shrimp landings in each gear type during the qualifying period, and then in descending order to persons who made the largest total of Washington coastal spot shrimp landings in each gear type. If no persons with coastal spot shrimp landings wish to participate, the director may offer a replacement permit by random drawing.
(11) Coastal spot shrimp experimental fishery permits are only valid for the year issued and expire on December 31st of the year issued with the expiration of the emerging commercial fishery license.
(12) The total allowable catch of spot shrimp taken from Washington territorial waters west of the Bonilla-Tatoosh line and from adjacent waters of the Pacific Ocean during a calendar year is 250,000 pounds round weight, and shall be equally divided between trawl and pot gear fishers, provided that not more than 100,000 pounds may be taken south of 47°04.00' N. latitude. The allowable catch may be reallocated between gear types if the allowable catch of a gear type is unlikely to be taken during the calendar year.
[Statutory Authority: RCW 75.08.080. 99-01-154 (Order 98-257), § 220-88B-030, filed 12/22/98, effective 1/22/99.]
It is unlawful to fish for spot shrimp for commercial purposes in coastal and offshore waters using shellfish pot gear except as provided in this section:
(1) Season - Open to shellfish pot gear the entire year.
(2) Gear restrictions:
(a) Maximum of 500 shellfish pots per permit.
(b) Effective January 1, 2001, pot size is limited to a maximum 153 inch bottom perimeter and a maximum 24 inch height.
(c) Effective January 1, 2001, shrimp pot gear must be constructed with net webbing or rigid mesh, and at least 50 percent of the net webbing or mesh covering the sides of the pot must easily allow passage of a seven-eighths inch diameter dowel.
(d) Pot gear is required to have an escape mechanism as provided for in WAC 220-52-035.
(e) Groundline end marker buoys must be floating and visible on the surface of the water, equipped with a pole, flag, radar reflector and operating light, and marked with the clear identification of the permittee.
(3) Incidental catch: It is unlawful to retain any species of finfish or shellfish taken with spot shrimp pot gear, except that it is lawful to retain octopus, squid, and up to 50 pounds round weight of other shrimp species taken with shrimp pot gear. It is lawful for persons fishing in the coastal spot shrimp experimental fishery to participate in the coastal bottomfish fishery under WAC 220-44-050, and to retain on board bottomfish taken in that fishery.
[Statutory Authority: RCW 75.08.080. 99-01-154 (Order 98-257), § 220-88B-040, filed 12/22/98, effective 1/22/99.]
It is unlawful to fish for spot shrimp for commercial purposes in coastal and offshore waters using trawl gear except as provided for in this section:
(1) Season - Open to trawl gear May 1 through November 30 except closed May 1 through June 30 north of 46°54.50' and south of 47°04.00' N. latitude, and closed at all times within 3 miles of shore.
(2) Gear:
(a) Fish excluder devices required.
(b) Single-layered codends only, minimum mesh one and one-half inches measured between adjacent knots. Effective January 1, 2001, minimum mesh size is two inches measured between adjacent knots.
(c) Chafing gear may encircle no more than 50 percent of the circumference of the net codend and the terminal end of chafing gear may not be attached to the codend except at the corners.
(d) Trawl gear may not be rigged such that tickler chains, or any other gear drags across the bottom in front of the mouth of the net; each roller, bobbin, disc, or similar device added to the footrope of the trawl net that is intended to make contact with the sea bottom may not be less than eight inches nor more than twenty-eight inches in diameter and must roll independently and freely.
(3) Spot shrimp pot gear may not be aboard any vessel designated in the coastal spot shrimp trawl experimental fishery.
(4) Incidental catch:
(a) It is unlawful to retain more than 50 pounds round weight of other shrimp species. It is lawful to retain octopus and squid.
(b) It is unlawful to retain salmon.
(c) It is unlawful to retain any bottomfish species except as provided for in WAC 220-44-050.
[Statutory Authority: RCW 75.08.080. 99-01-154 (Order 98-257), § 220-88B-050, filed 12/22/98, effective 1/22/99.]