Original Notice.

Preproposal statement of inquiry was filed as WSR 00-05-027.

Title of Rule: Commercial fishing rules.

Purpose: Open a coastal sardine fishery.

Statutory Authority for Adoption: Sections 7 and 137, chapter 107, Laws of 2000.

Statute Being Implemented: Sections 7 and 137, chapter 107, Laws of 2000.

Summary: Provides for a coastal sardine fishery.

Reasons Supporting Proposal: In recent years sardines have appeared off the coast of Washington in commercially harvestable numbers. Oregon opened a fishery in 1999.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-26561 [902-2651]; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2927.

Name of Proponent: Washington State 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: Sardine fishing has not been allowed in coastal waters because of low population levels. During the recent El Nino, sardine levels started to increase. In 1999 Oregon opened an experimental sardine fishery which took several hundred tons of fish. Currently there are sufficient numbers of sardines to allow for a trial emerging commercial fishery off Washington. Although the prospect of colder waters may result in sardines staying more southerly, a trial fishery with at least half-time observer coverage will provide valuable information on sardine abundance and tell if a sardine fishery encounters salmon. Should significant salmon encounters take place, the fishery will be closed.

Proposal Changes the Following Existing Rules: Deletes unrealistic season.

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

     2. Professional Services Required for Compliance: None.

     3. Costs of Compliance, Including Costs of Equipment, Supplies, Labor and Increased Administrative Costs: There is a minimal cost in keeping the logbook current. A person who wants to participate in the fishery needs to buy an emerging commercial fishery license ($185 resident; $295 nonresident).

     4. Will Compliance Cause Businesses to Lose Sales or Revenue? These rules provide for a fishery that was previously closed.

     5. Comparison of Costs for the 10% of Businesses That are the Largest Business Required to Comply with the Proposed Rule: Costs are dependent on days fished. No comparison information is available.

     6. Steps Taken by Agency to Reduce the Costs of the Rule on Small Businesses: This fishery was designed with industry and processors.

     7. Description of How the Agency Will Involve Small Businesses in the Development of the Rule: Industry and processors met to design the experimental fishery.

     8. List of Industries Required to Comply with this Rule: No one is required to participate in this fishery.

A copy of the statement may be obtained by writing to Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2942.

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

Hearing Location: Best Western Hotel, 15901 West Valley Road, Tukwila, WA, 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, 600 Capitol Way North, Olympia, WA 98501, fax (360) 902-2942, by August 10, 2000.

Date of Intended Adoption: August 11, 2000.

June 29, 2000

Evan Jacoby

Rules Coordinator

OTS-4177.1

AMENDATORY SECTION(Amending Order 95-166, filed 11/8/95, effective 12/9/95)

WAC 220-33-060
Herring and anchovies.

It is unlawful to fish for herring or anchovies in the lower Columbia River for commercial purposes or to possess herring or anchovies taken from those waters for commercial purposes, except as provided in this section:

Gear

     (1) Purse seine and lampara gear may be used to fish for herring or anchovies if the cork line of the gear does not exceed 1,400 feet in length and the mesh size of the gear is not less than one-half inch stretch measure.

     (2) It is unlawful to fish with purse seine or lampara gear in the waters of the Columbia River if any part of the purse seine or lampara is in waters that are less than 20 feet deep.

Licensing

     (3)(a) A baitfish purse seine fishery license is a license required to operate a gear provided for in this section and allows the operator to retain anchovies.

     (b) A herring purse seine fishery license is a license required to operate a gear provided for in this section and allows the operator to retain herring.

     (c) A baitfish lampara fishery license is a license required to operate a gear provided for in this section and allows the operator to retain anchovies.

     (d) A herring lampara fishery license is a license required to operate a gear provided for in this section and allows the operator to retain herring.

Fishing periods

     (4) Purse seine and lampara gear may be used to fish for herring or anchovies in SMCRA 1A 7 days per week from January 1 through December 31 of each year.

General

     (5) Species of fish other than herring or anchovies, except shad and pilchard, taken in the operation of the purse seine and lampara gear shall be returned immediately to the water. Pilchard taken incidental to the herring and anchovy fisheries provided for in this section may not exceed twenty-five percent of the weight of any landing.

[Statutory Authority: RCW 75.08.080.      95-23-020 (Order 95-166), § 220-33-060, filed 11/8/95, effective 12/9/95; 94-12-009 (Order 94-23), § 220-33-060, filed 5/19/94, effective 6/19/94; 88-18-066 (Order 88-86), § 220-33-060, filed 9/2/88.]

OTS-4178.1

AMENDATORY SECTION(Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-44-020
Coastal baitfish gear.

It is unlawful to fish for or possess smelt, anchovies, candlefish, herring or pilchard taken for commercial purposes from Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A, 59B, or 60A, except as provided for in this section.

     (1)(a) It is unlawful to fish for or possess smelt taken for commercial purposes except by hand net gear not exceeding 72 inches maximum frame width.      It is unlawful to take smelt for commercial purposes during weekly closed periods from 8:00 a.m. Friday to 8:00 a.m. Sunday.

     (b) Licensing: A smelt dip bag net fishery license is the license required to operate the gear provided for in this section.

     (c) Incidental catch: It is lawful to retain only anchovies and candlefish taken incidental to a lawful smelt fishery.

     (2)(a) It is unlawful to fish for or possess candlefish or anchovies taken for commercial purposes with any gear except purse seine or lampara not exceeding 1,400 feet in length nor having mesh size less than 1/2 inch, or dip bag net not exceeding 72 inches maximum frame width.

     (b) Licensing:

     (i) A baitfish lampara fishery license is the license required to operate the lampara gear provided for in this section.

     (ii) A baitfish purse seine fishery license is the license required to operate the purse seine gear provided for in this section.

     (iii) A smelt dip bag net fishery license is the license required to operate the hand dip net gear provided for in this section.

     (c) Incidental catch: It is lawful to retain only shad and pilchard taken incidental to a lawful anchovy or candlefish fishery. Pilchard may not exceed twenty-five percent of the weight of the landing.      Any sturgeon must be released unharmed.

     (3)(a) It is unlawful to fish for or possess herring or pilchard taken for commercial purposes except as authorized by permit issued by the director, except pilchard taken incidental to candlefish and anchovy.

     (b) Licensing:

     (i) An emerging commercial fishery license is the license for a permittee to fish for or retain pilchard.

     (ii) Herring dip bag net, herring drag seine, herring gill net, herring lampara or herring purse seine are the licenses for a permittee to fish for or retain herring.

[Statutory Authority: RCW 75.08.080.      94-12-009 (Order 94-23), § 220-44-020, filed 5/19/94, effective 6/19/94; 84-08-014 (Order 84-24), § 220-44-020, filed 3/27/84; 79-06-085 (Order 79-38), § 220-44-020, filed 6/4/79; 78-10-046 (Order 78-83), § 220-44-020, filed 9/20/78; 78-05-067 and 78-06-002 (Order 78-20), § 220-44-020, filed 4/27/78 and 5/4/78; 78-04-039 (Order 78-11), § 220-44-020, filed 3/20/78; Order 77-14, § 220-44-020, filed 4/15/77; Order 1221, § 220-44-020, filed 7/1/75; Order 813, § 220-44-020, filed 5/5/69; Order 726, § 4 (part), filed 4/24/67; subsection 1 from Order 547, filed 7/5/62; Orders 384 and 256, filed 3/1/60; subsection 2 from Orders 448 and 256, filed 3/1/60; subsection 3 from Orders 397 and 256, filed 3/1/60; subsections 4 and 5 from Orders 355 and 256, filed 3/1/60; subsection 6 from Orders 406 and 256, filed 3/1/60.]

OTS-4179.1

NEW SECTION
WAC 220-88C-010
Emerging commercial fishery -- Coastal pilchard fishery.

The purpose of this chapter is to establish the coastal pilchard fishery as an emerging commercial fishery.

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(1) The director designates the coastal pilchard fishery as an emerging commercial fishery for which use of a vessel is required. It is unlawful for any person to fish for, possess, or deliver pilchard taken from Washington waters west of the Bonilla-Tatoosh line or from the waters of the Exclusive Economic Zone unless the fisher has a valid emerging commercial fishery license and a valid coastal pilchard trial fishery permit, or except as otherwise provided.

     (2) After the effective date of this section, the following fishery licenses may not be used to take pilchard from Washington waters west of the Bonilla-Tatoosh line or from the waters of the Exclusive Economic Zone: Baitfish lampara; baitfish purse seine; Columbia River smelt; food fish trawl -- non-Puget Sound; herring dip bag net; herring gill net; herring lampara; herring purse seine; smelt dip bag net; smelt gill net, except as provided for in chapter 220-44 WAC.

     (3) After the effective date of this section, pilchard taken from Washington waters west of the Bonilla-Tatoosh line or from the waters of the Exclusive Economic Zone may not be delivered into a Washington port under a nonlimited entry delivery license, and may not be delivered under the licenses provided for in RCW 75.28.125(2).

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(1) All persons who are eligible to purchase a commercial fishery license may obtain a coastal pilchard trial fishery permit and purchase an emerging commercial fishery license.

     (2) Persons who violate the terms of the coastal pilchard trial fishery permit will have the permit revoked, pursuant to appeal rights under chapter 34.05 RCW, and will be ineligible to obtain a coastal pilchard trial fishery permit for the remainder of the calendar year for which the emerging commercial fishery license is valid.

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