WSR 02-02-072

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed December 28, 2001, 4:32 p.m. ]

Supplemental Notice to WSR 01-21-126.

Preproposal statement of inquiry was filed as WSR 01-18-070.

Title of Rule: Commercial fishing rules.

Purpose: Amend marine protected area rules.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Establish three conservation areas, two marine preserves, and change one marine preserve into a conservation area.

Reasons Supporting Proposal: Protection of bottom fish populations, particularly rockfish.

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, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Marine preserves have been shown to enhance fish life both within the preserve and in adjacent waters. The department is proposing conservation areas at Keystone, Admiralty Head and Rosario Beach, which will prohibit all take of crab, and at Zee's Reef, which will only allow harvest of fish and shellfish. The department is proposing marine preserves at Scatchet Head, which will only allow harvest of crab, and at Zee's Reef, which will only allow harvest of salmon with recreational fly fishing gear. Sund Rock, currently a marine preserve allowing salmon fishing, is changed to a conservation area, as incidental take of protected species has been observed. The anticipated effects will be an increase in the number and size of rockfish in the marine protected areas, and a corresponding increase in stocks in adjacent waters.

Proposal Changes the Following Existing Rules: Changes Sund Rock Marine Preserve to a conservation area.

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

Small Business Economic Impact Statement

1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: There are no reporting or record-keeping requirements in the proposed rule.

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? The rule is not expected to produce a loss of revenue for any commercial fishing operation in the area. The total allowable catch for all species will remain the same for the Puget Sound and Hood Canal area following establishment of these conservation areas and preserve. Total commercial catch for the basins involved will not be affected by the establishment of the conservation areas or the marine preserves, although nontribal fishers will be displaced geographically.

Keystone is a relatively small site close to the jetty at Fort Casey State Park that has not been subject to commercial interest in the past. For several years, it has been marked on the uplands as an underwater park by parks and recreation staff. The other areas are all predominantly rocky habitat and not ideal areas for commercial salmon fishing. Other fisheries of interest in these sites are the commercial urchin and cucumber fisheries. No harvest guidelines or quotas for any species will be changed based on the proposed closures. Therefore the catch for commercial fishers will remain the same. Well more than 80% of the rocky habitat will remain open in each major basin of Puget Sound if all proposed areas are closed. Based on the lack of change in harvest quotas and on the majority of the rocky habitat staying open, no significant impact on any commercial fishery is anticipated.

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 cost.

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 for this rule.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: A. Several public meetings will be held to discuss these sites and the appropriate rules.

The meetings are as follows:

Silverdale, at 5:30 p.m. - 8:30 p.m., January 17, Westpark Community Center;

Bellingham, at 5:30 p.m. - 8:30 p.m., January 22, Squalicum Boat House;

Mill Creek, at 5:30 p.m. - 8:30 p.m., January 24, Region 4/Mill Creek Office; and

Olympia, at 5:30 p.m. - 8:30 p.m., January 29, Conference Room 175A.

B. Public hearings during the WDFW commission rule adoption process.

Public testimony was taken by the commission during the recreational rule adoption process at the December 2001 hearing.

Testimony on the commercial closures will be taken at the February meeting of the WDFW commission.

8. A List of Industries That Will Be Required to Comply with the Rule: All commercial fishers must 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: Natural Resources Building, 1111 Washington Street, Olympia, on February 8-9, 2002, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by January 18, 2002, 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 February 1, 2002.

Date of Intended Adoption: February 8, 2002.

December 28, 2001

Evan Jacoby

Rules Coordinator

OTS-5400.1


AMENDATORY SECTION(Amending Order 99-215, filed 12/16/99, effective 1/16/00)

WAC 220-16-480   Sund Rock ((Marine Preserve)) Conservation Area.   The "Sund Rock ((Marine Preserve)) Conservation Area" is defined as those waters and bed lands enclosed by a line originating at the shore of Hood Canal, at the mouth of Sund Creek (47 26.4'N, 123 7.1'W), thence due east to 123 6.9'W, thence due south to 47 26'N, thence due west until it intersects the beach, thence north along the ordinary high water line to the point of origin, including all of the underwater feature known as Sund Rock.

[Statutory Authority: RCW 75.08.080. 00-01-103 (Order 99-215), 220-16-480, filed 12/16/99, effective 1/16/00; 98-15-031 (Order 98-120), 220-16-480, filed 7/7/98, effective 8/7/98.]

OTS-5260.2


NEW SECTION
WAC 220-16-760   Keystone Conservation Area.   "Keystone Conservation Area" is defined as all bedlands and tidelands and the waters over these starting at the extreme high water line on the east side of the jetty at Keystone then easterly along the extreme high water line to 12240'07"W, 4809'30"N, then along a line perpendicular to the shore southeasterly for 600 feet then southwest parallel to the shoreline to a point due south of the southern tip of the jetty, then north to the extreme high water line on the southern tip of the jetty, then along the extreme high water line on the east side of the jetty to the point of origin.

[]


NEW SECTION
WAC 220-16-770   Scatchet Head Marine Preserve.   "Scatchet Head Marine Preserve" is defined as tidelands, bedlands and waters within a line beginning on the Whidbey Island shore one nautical mile northeasterly of the green No. 1 flashing light immediately southwest of Scatchet Head, then following the radius of a circle one nautical mile east of the green No. 1 flashing light to a point due south of the light, then due north through the light to the intersection with shore on Whidbey Island, then following the high tide line to the point of origin.

[]


NEW SECTION
WAC 220-16-780   Admiralty Head Conservation Area.   "Admiralty Head Conservation Area" is defined as waters and bedlands inside a line beginning at the extreme low water line on the west shore of Whidbey Island at 48 09.40' N then northerly along the extreme low water line for 0.6 nautical miles, then due west 400 yards, then southerly parallel to the shore to 48 09.40' N, 122 41.14' W, then due east to the point of origin.

[]


NEW SECTION
WAC 220-16-790   Zee's Reef Marine Preserve.   "Zee's Reef Marine Preserve" is defined as waters and bedlands inside a line beginning at the extreme low water line on the northeast side of Fox Island at 47 14.56' N, 122 35.98' W, then 0.5 nautical mile northerly along the extreme low water line to 47 14.96' N, 122 36.37' W, then northeasterly 400 yards offshore to 47 15.10' N, 122 36.16' W, then southeasterly parallel to the extreme low water line to 47 14.70' N, 122 35.76' W, then southwesterly to the point of origin.

[]


NEW SECTION
WAC 220-16-800   Rosario Beach Conservation Area.   "Rosario Beach Conservation Area" is defined as those tidelands, bedlands and waters adjacent to Fidalgo Island within a line beginning at the high tide mark at the south tip of Rosario Head, then due west to the 10 fathom contour, then northwesterly to the southwest end of Northwest Island, then from the northwest end of Northwest Island due north to intersection with the high tide line on Fidalgo Island, then following the high tide line southerly to the point of origin.

[]

OTS-5261.1


NEW SECTION
WAC 220-20-100   General provisions -- Marine protected areas.   (1) It is unlawful to fish for or possess fish, shellfish, or wildlife taken from any conservation area defined in chapter 220-16 WAC.

(2) The following marine preserves are closed to the taking of fish, shellfish, and wildlife as indicated:

(a) The Colvos Passage Marine Preserve is closed to the taking shellfish and wildlife, closed to all commercial harvest of fish, and closed to recreational harvest of fish except it is lawful to take salmon for personal use by trolling, defined as fishing from a vessel under power and in gear making forward progress.

(b) The San Juan Island Marine Preserve is closed to the taking of shellfish except it is lawful to take crab from Parks Bay, and closed to the taking of food fish other than salmon except it is lawful to take herring.

(c) The Scatchet Head Marine Preserve is closed to the taking of fish and wildlife, and closed to the taking of shellfish except crab.

(d) The Sund Rock Marine Preserve is closed to the taking of shellfish and wildlife, closed to the commercial harvest of all fish, and closed to the recreational harvest of all fish except that it is lawful to take salmon.

(e) The Titlow Beach Marine Preserve is closed to the taking of shellfish and wildlife, closed to the commercial harvest of all fish, and closed to the recreational harvest of all fish except that it is lawful to take salmon if taken with artificial lures from shore or from a nonmotorized vessel.

(f) The Zee's Reef Marine Preserve is closed to the taking of shellfish and wildlife, closed to the commercial harvest of all fish, and closed to the recreational harvest of all fish except that it is lawful to take salmon with fly fishing gear as defined in WAC 220-56-210.

[]

Washington State Code Reviser's Office