PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-01-053.
Title of Rule: Commercial fishing rules.
Purpose: Amend commercial geoduck harvest rules.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Summary: Allows for retention of geoduck parts taken under terms of a Department of Natural Resources (DNR) harvest agreement and allows for harvest of horse clams.
Reasons Supporting Proposal: Provides better catch accounting of geoduck clams and increased opportunity on horse clams.
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: Washington 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: Allows for retention of parts of geoduck clams and retention of horse clams, if such retention is allowed under the terms of the DNR harvest agreement. This will increase catch accountability and provide additional opportunity.
Proposal Changes the Following Existing Rules: Changes geoduck harvest 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: None required.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No - it can actually increase revenues.
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 for compliance anticipated.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: No costs are anticipated to the industry.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The department will hold a public hearing under the auspices of the Fish and Wildlife Commission public process.
8. A List of Industries That Will Be Required to Comply with the Rule: Contractors holding harvest agreements with DNR.
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: Moses Lake Convention Center, 1475 Nelson Road N.E., Moses Lake, WA 98837, on April 11-12, 2003, begins at 8:00 a.m. on April 11, 2003.
Assistance for Persons with Disabilities: Contact Susan Yeager by April 4, 2003, 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 April 4, 2003.
Date of Intended Adoption: April 11, 2003.
March 3, 2003
Evan Jacoby
Rules Coordinator
OTS-6237.1
AMENDATORY SECTION(Amending Order 94-23, filed 5/19/94,
effective 6/19/94)
WAC 220-52-019
Geoduck clams -- Gear and unlawful acts.
(1) It is unlawful to take, fish for or possess geoduck clams
taken for commercial purposes from any of the beds of
navigable waters of the state of Washington except as provided
in RCW 75.24.100 and rules of the director.
(2)(a) Only a manually operated water jet, the nozzle of which shall not exceed 5/8 inch inside diameter may be used to commercially harvest geoduck clams. Use of any other gear requires a permit from the director.
(b) It is unlawful in the commercial harvest of geoducks for through-hull fittings for water discharge hoses connected to the harvest gear to be below the surface of the water. Any through-hull fitting connected to the harvest gear which is above the surface of the water must be visible at all times.
(3) It is unlawful to take or fish for geoduck clams taken for commercial purposes between one-half hour before official sunset or 7:00 p.m. whichever is earlier and 7:00 a.m. No geoduck harvest vessel may be on a geoduck tract or harvest area after 7:30 p.m. or before 6:30 a.m. It is unlawful to take or fish for geoduck clams on Sundays or on state holidays as defined by the office of financial management. It is unlawful to possess geoduck clams taken in violation of this section.
(4) It is unlawful to harvest geoduck clams with any instrument that penetrates the skin, neck or body of the geoduck.
(5) It is unlawful to possess only the siphon or neck portion of a geoduck clam aboard a geoduck harvest vessel, except when a geoduck is incidentally damaged during harvest and must be reported under a department of natural resources harvest agreement.
(6) It is unlawful to retain any food fish or shellfish other than geoduck clams during geoduck harvesting operations, except for horse clams (Tresus capax and Tresus nuttallii) when horse clam harvest is provided for under a department of natural resources harvest agreement.
(7) It is unlawful for more than two divers from any one geoduck harvest vessel to be in the water at any one time.
(8) The following documents must be on board the geoduck harvesting vessel at all times during geoduck operations:
(a) A copy of the department of natural resources geoduck harvesting agreement for the tract or area where harvesting is occurring;
(b) A map of the geoduck tract or harvest area and complete tract or harvest area boundary identification documents or photographs issued by the department of natural resources for the tract or harvest area;
(c) A geoduck diver license for each diver on board the harvest vessel or in the water; and
(d) A geoduck fishery license as described in WAC 220-52-01901.
(9) It is unlawful to process geoducks on board any harvest vessel.
(10) It is unlawful to take or fish for geoduck clams for commercial purposes outside the tract or harvest area designated in the department of natural resources geoduck harvesting agreement required by subsection (8)(a) of this section. It is unlawful to possess geoduck clams taken in violation of this subsection.
(11) It is unlawful to harvest geoduck clams in areas deeper than seventy feet below the water surface at any tide height.
(12) Holders of geoduck fishery licenses shall comply with all applicable commercial diving safety regulations adopted by the Federal Occupational Safety and Health Administration established under the Federal Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq. Some of those regulations appear at 29 C.F.R. Part 1910, Subpart T.
[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), § 220-52-019, filed 5/19/94, effective 6/19/94; 93-15-051, § 220-52-019, filed 7/14/93, effective 8/14/93; 84-08-014 (Order 84-24), § 220-52-019, filed 3/27/84; 81-11-006 (Order 81-31), § 220-52-019, filed 5/11/81; 79-12-039 (Order 79-129), § 220-52-019, filed 11/20/79; 79-02-053 (Order 79-6), § 220-52-019, filed 1/30/79; Order 77-65, § 220-52-019, filed 8/5/77 and 8/25/77; Order 76-152, § 220-52-019, filed 12/17/76; Order 76-26, § 220-52-019, filed 1:45 p.m., 4/20/76; Order 1258, § 220-52-019, filed 8/25/75; Order 857, § 220-52-019, filed 12/11/69.]