PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 02-05-074.
Title of Rule: Commercial fishing rules.
Purpose: Amend sea cucumber and sea urchin districts.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Summary: Clarifies, redefine dive fishery districts.
Reasons Supporting Proposal: Sea cucumber and sea urchin fishery management.
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: The closure in Haro Strait provides additional sea cucumber and sea urchin protection. The Eagle Harbor and Sinclair Inlet closed areas have been adopted by emergency rule for each of the past seasons, and these public health and safety closures need to continue on a permanent basis. Creation of two new sea urchin districts will provide for ease of identification of additional fishing opportunity without having to list these sections in the emergency rule that opens the fishery, and will increase the catch data management.
Proposal Changes the Following Existing Rules: Modify sea cucumber and sea urchin districts.
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: No costs anticipated.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenues? 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.
There are no compliance 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 so no steps are taken.
7. A Description of How the Agency will Involve Small Businesses in the Development of the Rule: The department will hold a public hearing through the Fish and Wildlife Commission rule adoption process.
8. A List of Industries That Will be Required to Comply with the Rule: Puget Sound sea urchin and sea cucumber fishers.
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: Pearsall Multi-Services Center, 2109 Sumner Avenue, Aberdeen, WA, on August 2-3, 2002, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by July 19, 2002, TDD (360) 902-2207, or (360) 902-2267.
Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by July 26, 2002.
Date of Intended Adoption: August 2, 2002.
June 18, 2002
Evan Jacoby
Rules Coordinator
OTS-5704.3
AMENDATORY SECTION(Amending Order 01-40, filed 3/14/01,
effective 4/14/01)
WAC 220-52-071
Sea cucumbers.
It is unlawful to take or
possess sea cucumbers taken for commercial purposes except as
provided for in this section.
(1) Sea cucumber districts:
(a) Sea Cucumber District 1 is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, and 23B outside of the following closed areas:
(i) San Juan Channel and Upright Channel within the following lines: South of a line projected from Flat Point on Lopez Island true west to Shaw Island; west of a line from Neck Point on Shaw Island to Steep Point on Orcas Island; south of a line from Steep Point on Orcas Island to Limestone Point on San Juan Island north of a line from Flat Point on Lopez Island to the northernmost point of Turn Island and thence projected true west to San Juan Island.
(ii) Haro Strait north of a line projected ((east-)) due
west ((one-half mile south)) from the southernmost point of
((Eagle Point)) Cattle Pass on San Juan Island to the
international border and south of a line projected ((east-)) due
west from a point one-quarter mile north of Lime Kiln Light on
San Juan Island to the international border.
(b) Sea Cucumber District 2 is defined as the waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23C, 23D, 25A, 25B, 25C, 25D, 25E, and 29.
(c) Sea Cucumber District 3 is defined as the waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, 26A, 26B, and 26C. The following areas within Sea Cucumber District 3 are closed to the harvest of sea cucumbers:
(i) Those waters of Eagle Harbor west of a line projected from Wing Point to Eagle Harbor Creosote Light Number 1, then projected due west to shore on Bainbridge Island.
(ii) Those waters of Sinclair Inlet west of a line projected southerly from the easternmost point of Point Turner to landfall directly below the Veteran's Home in Annapolis.
(d) Sea Cucumber District 4 is defined as the waters of Marine Fish-Shellfish Management and Catch Reporting Areas 27A, 27B, and 27C.
(e) Sea Cucumber District 5 is defined as the waters of Marine Fish-Shellfish Management and Catch Reporting Areas 26D, 28A, 28B, 28C, and 28D.
(2) Sea cucumber areas and seasons:
Sea cucumber areas and seasons will be set by emergency rule.
(3) Shellfish diver gear:
(a) Divers operating from a vessel must have a number assigned by the department placed on both sides and the top of the vessel in such a manner that the number is clearly visible when the vessel is viewed from either side or from the air, and the letters must be black on white no less than eighteen inches in height and of proportional width.
(b) Only one diver from each harvesting vessel is allowed in the water at any one time during the sea cucumber harvest operation or when commercial quantities of sea cucumbers are aboard except that two divers may be in the water if the vessel has been designated on two sea cucumber dive fishery licenses.
(c) Divers may not fish for or possess geoduck clams during commercial sea cucumber harvesting operations, or possess geoduck clams on a vessel that has sea cucumbers on board.
(d) Licensing: A sea cucumber dive fishery license is the license required to operate the gear provided for in this section.
(4) Trawl gear:
It is unlawful to fish for or possess sea cucumbers taken with trawl gear.
[Statutory Authority: RCW 77.12.047. 01-07-021 (Order 01-40), § 220-52-071, filed 3/14/01, effective 4/14/01. Statutory Authority: RCW 75.08.080. 00-03-042 (Order 00-07), § 220-52-071, filed 1/13/00, effective 2/13/00; 99-17-068 (Order 99-126), § 220-52-071, filed 8/13/99, effective 9/13/99; 94-12-009 (Order 94-23), § 220-52-071, filed 5/19/94, effective 6/19/94; 93-15-051, § 220-52-071, filed 7/14/93, effective 8/14/93; 91-18-030 (Order 91-73), § 220-52-071, filed 8/28/91, effective 9/28/91; 91-10-024 (Order 91-22), § 220-52-071, filed 4/23/91, effective 5/24/91; 87-23-006 (Order 87-187), § 220-52-071, filed 11/6/87; 87-15-022 (Order 87-69), § 220-52-071, filed 7/8/87; 87-02-013 (Order 86-199), § 220-52-071, filed 12/30/86; 81-11-006 (Order 81-31), § 220-52-071, filed 5/11/81; 79-02-053 (Order 79-6), § 220-52-071, filed 1/30/79; Order 77-145, § 220-52-071, filed 12/13/77; Order 77-65, § 220-52-071, filed 8/5/77; Order 1105, § 220-52-071, filed 12/28/73; Order 990, § 220-52-071, filed 5/11/72.]
(1) Sea urchin districts:
(a) Sea Urchin District 1 (Northern San Juan Islands) is defined as Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, and those waters of Area 22A north of a line projected east-west one-quarter mile north of Lime Kiln Light on San Juan Island and west of a line projected true north from Limestone Point on San Juan Island.
(b) Sea Urchin District 2 (Southern San Juan Islands and Port Townsend) is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A south of a line projected east-west one-quarter mile north of Lime Kiln Light on San Juan Island and east of a line projected true north from Limestone Point on San Juan Island and Areas 21A, 21B, 22B, 23A, 23B, 25A and 25B. The following areas within Sea Urchin District 2 are closed to the harvest of sea urchins at all times:
(i) Those waters of Haro Strait north of a line projected
((east-)) due west ((one-half mile south)) from the southernmost
point of ((Eagle Point)) Cattle Point on San Juan Island to the
international border and south of a line projected ((east-)) due
west from a point one-quarter mile north of Lime Kiln Light on
San Juan Island to the international border.
(ii) Those waters of San Juan Channel and Upright Channel within the following lines: South of a line projected from Flat Point on Lopez Island true west to Shaw Island; west of a line from Neck Point on Shaw Island to Steep Point on Orcas Island; south of a line from Steep Point on Orcas Island to Limestone Point on San Juan Island north of a line from Flat Point on Lopez Island to the northernmost point of Turn Island and thence projected true west to San Juan Island.
(c) Sea Urchin District 3 (Port Angeles) is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Area 23C east of a line projected true north from Low Point, and Area 23D.
(d) Sea Urchin District 4 (Sekiu) is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Area 23C west of a line projected true north from Low Point and those waters of Area 29 east of a line projected true north from the mouth of Rasmussen Creek (3.1 miles southeast of Sail Rock).
(e) Sea Urchin District 5 is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Area 29 west of a line projected true north from the mouth of Rasmussen Creek (3.1 miles southeast of Sail Rock) and Areas 59A and 59B. Within Sea Urchin District 5, waters within one-quarter mile of Tatoosh Island are closed to the harvest of sea urchins at all times.
(f) Sea Urchin District 6 is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D and 26A.
(g) Sea Urchin District 7 is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 26B, 26C, 26D and 28A. The following areas within Sea Urchin District 7 are closed to the harvest of sea urchins at all times.
(i) Those waters of Eagle Harbor west of a line projected from Wing Point to Eagle Harbor Creosote Light Number 1, then projected due west to the shore on Bainbridge Island.
(ii) The waters of Sinclair Inlet west of a line projected southerly from the easternmost point of Point Turner to landfall directly below the Veteran's Home in Annapolis.
(2) Sea urchin seasons and sizes:
Sea urchin seasons and sizes will be set by emergency rule.
(3) Shellfish diver gear:
(a) It is unlawful to take sea urchins by any means other than shellfish diver gear.
(b) Divers may only use hand-operated equipment that does not penetrate the shell.
(c) Sea urchins may not be taken from water shallower than 10 feet below mean lower low water.
(d) Purple sea urchins may not be taken.
(e) Divers operating from a vessel must have a number assigned by the department, placed on both sides and the top of the vessel in such a manner that the number is clearly visible when the vessel is viewed from either side or from the air and the number must be black on white no less than 18 inches high and of proportionate width.
(f) Divers may not take sea urchins from one-half hour after sunset to one-half hour before sunrise.
(g) No processing of sea urchins is permitted aboard the harvest vessel.
(h) Divers may not take sea urchins for use other than as human food.
(i) Only one diver from each harvesting vessel is allowed in the water at any one time during the sea urchin harvesting operation or when commercial quantities of sea urchins are aboard except that two divers may be in the water if the vessel has been designated on two sea urchin dive fishery licenses.
(j) Variance from any of the provisions of this subsection is only allowed if authorized by a permit issued by the director.
(k) Licensing: A sea urchin dive fishery license is the license required to operate the gear provided for in this section.
[Statutory Authority: RCW 77.12.047. 01-07-021 (Order 01-40), § 220-52-073, filed 3/14/01, effective 4/14/01. Statutory Authority: RCW 75.08.080. 00-03-042 (Order 00-07), § 220-52-073, filed 1/13/00, effective 2/13/00; 94-12-009 (Order 94-23), § 220-52-073, filed 5/19/94, effective 6/19/94; 91-22-064 (Order 91-132), § 220-52-073, filed 11/1/91, effective 12/2/91; 91-10-024 (Order 91-22), § 220-52-073, filed 4/23/91, effective 5/24/91; 87-23-006 (Order 87-187), § 220-52-073, filed 11/6/87; 87-15-022 (Order 87-69), § 220-52-073, filed 7/8/87; 86-20-028 (Order 86-123), § 220-52-073, filed 9/23/86; 85-01-010 (Order 84-214), § 220-52-073, filed 12/7/84; 83-04-025 (Order 83-04), § 220-52-073, filed 1/27/83; 80-13-064 (Order 80-123), § 220-52-073, filed 9/17/80; 79-02-053 (Order 79-6), § 220-52-073, filed 1/30/79; Order 77-145, § 220-52-073, filed 12/13/77; Order 76-152, § 220-52-073, filed 12/17/76; Order 1105, § 220-52-073, filed 12/28/73; Order 990, § 220-52-073, filed 5/11/72.]