PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-07-069.
Title of Rule: Commercial fishing rules.
Purpose: Establish sea cucumber and sea urchin buyback programs.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.70.150, 77.70.190.
Summary: Establishes program to reduce the number of sea cucumber and sea urchin licenses.
Reasons Supporting Proposal: Reduction of the number of licenses will provide economic stability in two fisheries that are over-capitalized.
Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.
Name of Proponent: Department of Fish and Wildlife.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The sea cucumber and sea urchin fisheries are over subscribed, and a reduction of the number of participants will provide economic stability by providing additional income to fishers who remain in the fishery. In order to reduce the number, the legislature has provided a funding source, and there are currently sufficient funds to reduce the licenses. The department is proposing rules that require the minimum amount of administrative overhead, in order to purchase the maximum number of licenses.
Proposal does not change existing rules.
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 required.
3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: There is no cost for compliance. The license buy-backs are voluntary.
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:
a. Cost per employee;
b. Cost per hour of labor; or
c. Cost per one hundred dollars of sales.
No costs.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: There are no costs.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The department met with a group of industry participants to develop the rules.
8. A List of Industries That Will Be Required to Comply with the Rule: No one is required to comply.
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) 902-2155.
RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.
Hearing Location: Best Inn and Suites, 221 N.E. Chkalov, Vancouver, WA, on December 7-8, 2001, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by November 21, 2001, 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) 902-2155, by December 6, 2001.
Date of Intended Adoption: December 7, 2001.
October 24, 2001
Evan Jacoby
Rules Coordinator
OTS-5270.2
NEW SECTION
WAC 220-95-100
Sea urchin license reduction program.
In
order to provide for economic stability in the commercial sea
urchin fishery, and in accordance with RCW 77.70.150, the
department establishes the sea urchin license reduction program
(program).
(1) Eligibility: All persons who currently hold a sea urchin commercial fishery license are eligible to offer their license(s) for purchase under the program.
(2) Method of purchase: The department will rank offers to sell sea urchin licenses from the lowest offer to the highest offer. The department will purchase licenses each year from the funds made available under RCW 77.70.150, with a maximum purchase price of $6,000 per license.
(3) Offer process: For the winter 2001-2002 selection, the department will accept offers to sell during the thirty-day period after these rules go into effect, and will purchase licenses from the funds that were available on December 31, 2001. Thereafter the department will accept offers to sell beginning August 1st of each year and will purchase licenses based on the funds that are available on the following September 30th.
(4) Selection process: The department will select licenses to be purchased beginning with the lowest offer to sell, and continuing until there are insufficient funds to purchase a complete offer. If two or more licenses are offered at the same price, selection will be by random draw.
(5) License reduction process: Upon selection, the department will issue a warrant to the license holder in the amount of the offer. On the date the warrant is mailed to the mailing address of the license holder as shown in their department licensing file, the department will void the license. Upon receipt of the warrant, the license holder is to return the license cards to the department.
(6) No prohibition on reentry: License holders who sell a license under the program may reenter the sea urchin commercial fishery.
(7) Program termination: This program terminates when the number of sea urchin commercial fishery licensees is reduced to twenty-five.
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(1) Eligibility: All persons who currently hold a sea cucumber commercial fishery license are eligible to offer their license(s) for purchase under the program.
(2) Method of purchase: The department will rank offers to sell sea cucumber licenses from the lowest offer to the highest offer. The department will purchase licenses each year from the funds made available under RCW 77.70.190, with a maximum purchase price of $5,000 per license.
(3) Offer process: For the winter 2001-2002 selection, the department will accept offers to sell during the thirty-day period after these rules go into effect, and will purchase licenses from the funds that were available on December 31, 2001. Thereafter the department will accept offers to sell beginning August 1st of each year and will purchase licenses based on the funds that are available on the following September 30th.
(4) Selection process: The department will select licenses to be purchased beginning with the lowest offer to sell, and continuing until there are insufficient funds to purchase a complete offer. If two or more licenses are offered at the same price, selection will be by random draw.
(5) License reduction process: Upon selection, the department will issue a warrant to the license holder in the amount of the offer. On the date the warrant is mailed to the mailing address of the license holder as shown in their department licensing file, the department will void the license. Upon receipt of the warrant, the license holder is to return the license cards to the department.
(6) No prohibition on reentry: License holders who sell a license under the program may reenter the sea cucumber commercial fishery.
(7) Program termination: This program terminates when the number of sea cucumber commercial fishery licensees is reduced to twenty-five.
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