Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-10-027.

     Title of Rule: Commercial fishing rules.

     Purpose: Amend dogfish set net and set line seasons.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: Closes dogfish fishery during summer pupping season.

     Reasons Supporting Proposal: Protection of dogfish shark.

     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: Dogfish shark stocks in Puget Sound are in decline and additional protection is warranted. This rule closes the fishery during the summer pupping season, when the shark give birth. Eliminating the fishery during this period should add recruitment.

     Proposal Changes the Following Existing Rules: Changes dogfish set net and bottom fish set line seasons in Puget Sound.

     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: None.

     4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? This rule closes the Puget Sound dogfish shark fishery during the summer pupping season. This is a low effort period. Since the dogfish quota is not changed by this rule, it is not anticipated that a loss of revenue will occur on a yearly basis.

     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.

     7. A Description of How the Agency will Involve Small Businesses in the Development of the Rule: Industry has been consulted in the drafting of this rule.

     8. A List of Industries That Will Be Required to Comply with the Rule: Puget Sound dogfish 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-5717.3

AMENDATORY SECTION(Amending Order 91-39, filed 6/14/91, effective 7/15/91)

WAC 220-48-029   Set net -- Dogfish -- Seasons.   (1) It is ((lawful)) unlawful to take, fish for and possess dogfish and other species of bottomfish((, except halibut, salmon and shellfish,)) taken with dogfish set net gear for commercial purposes in the following Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas except during the seasons designated below:

     (((1))) (a) Areas 20A and 20B - November 1 through June 15.

     (((2))) (b) Area 21A - March 1 through June 15.

     (((3))) (c) Areas 21B, 22A, 22B, 23A, and 23B - Closed all year.

     (((4))) (d) Areas 23C and 23D - ((Open all year)) September 16 through June 15.

     (((5))) (e) Areas 24A, 24B, and 24D - ((Open all year)) September 16 through June 15.

     (((6))) (f) Area 24C - ((Open all year)) September 16 through June 15, except those waters south of a line projected due east of East Point on Whidbey Island are closed all year.

     (((7))) (g) Areas 25A, 25B and that portion of Area 25C west of a line from Twin Spits to the Port Gamble Millstack - ((Open all year)) September 16 through June 15.

     (((8))) (h) Area 25D and that portion of 25C east of line from Twin Spits to the Port Gamble Millstack - Closed all year.

     (((9))) (i) Area 25E - Closed all year ((except by permit issued by the director)).

     (((10))) (j) Area 26A - ((Open all year)) September 16 through June 15, except those waters southerly and westerly of a line between the ferry dock at Mukilteo and the ferry dock at Clinton are closed all year.

     (((11))) (k) Area 26B - ((Open all year)) September 16 through June 15, except those waters provided for in WAC 220-20-020(4) (Shilshole Bay) are closed at all times and those waters west of a line from Point Jefferson to Point Monroe are closed from January 1 to April 15. Those waters west of a line projected 178 degrees true from the end of the Indianola dock to the landfall on the south shore of Port Madison are closed at all times.

     (((12))) (l) Area 26C - Open April 16 through June 15 and September 16 through December 31, except those waters north of a line projected true east of Point Bolin and those waters west of a line projected 178 degrees true from the end of the Indianola dock to the landfall on the south shore of Port Madison are closed at all times.

     (((13))) (m) Area 26D - ((Open all year)) September 16 through June 15, except Quartermaster Harbor and those waters south of lines projected from Dash Point to Point Piner on Maury Island and from Point Dalco true west to the Kitsap Peninsula are closed all year.

     (((14))) (n) Areas 27A, 27B, and 27C - ((Open all year)) September 16 through June 15.

     (((15))) (o) Area 28A - ((Open all year)) September 16 through June 15, except those waters north of a line projected true east of Fox Point on Fox Island, and east of a line projected due north from the northwest tip of Fox Island are closed all year.

     (((16))) (p) Areas 28B, 28C, and 28D - ((Open all year)) September 16 through June 15, except those waters provided for in WAC 220-20-010(6) (upper Carr Inlet).

     (((17))) (q) Area 29 - ((Open all year)) September 16 through June 15.

     (2) Incidental catch: It is unlawful to retain any shellfish or fish other than bottomfish.

[Statutory Authority: RCW 75.08.080. 91-13-051 (Order 91-39), § 220-48-029, filed 6/14/91, effective 7/15/91; 89-14-010 (Order 89-48), § 220-48-029, filed 6/22/89; 84-08-014 (Order 84-24), § 220-48-029, filed 3/27/84; 82-24-080 (Order 82-215), § 220-48-029, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), § 220-48-029, filed 7/1/82.]

     (2) It is ((lawful)) unlawful to take, fish for, and possess dogfish and other bottomfish taken with set lines in:

     (a) All Marine Fish-Shellfish Management and Catch Reporting Areas ((the entire year except as follows:

     (1))) June 16 through September 15.

     (b) That portion of Area 26C north of a line projected due east from Point Bolin to Bainbridge Island is closed all year.

     (((2))) (c) That portion of Area 26D south of lines projected due west of Point Dalco on Vashon Island, and from Dash Point to Point Piner on Maury Island, is closed all year.

     (((3))) (d) That portion of Area 28A east of a line projected due north from the northwest tip of Fox Island, and north of a line projected due east from Fox Point on Fox Island is closed all year.

     (((4))) (e) Those waters provided for in WAC 220-20-010(6) and 220-20-020(4).

     (((5))) (3) Incidental catch: It is unlawful to retain any shellfish and any fish other than bottomfish, and the cumulative weight of rockfish and lingcod shall not exceed 30 pounds for any vessel trip in all open Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.

[Statutory Authority: RCW 75.08.080. 98-05-043, § 220-48-032, filed 2/11/98, effective 3/14/98; 87-04-003 (Order 87-03), § 220-48-032, filed 1/22/87; 82-24-080 (Order 82-215), § 220-48-032, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), § 220-48-032, filed 7/1/82.]

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