WSR 03-13-002

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-111 -- Filed June 4, 2003, 2:31 p.m. ]

Date of Adoption: June 3, 2003.

Purpose: Amend sardine emerging commercial fishery rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-88C-020, 220-88C-030, 220-88C-040, and 220-88C-050.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 03-08-100 on April 2, 2003.

Changes Other than Editing from Proposed to Adopted Version: WAC 220-88C-030:

Subsection (1)(a), change "two hundred" to "forty"; change "coastal pilchard trial fishery permit" to "emerging commercial fishery license"; at end add, "or can demonstrate by valid Washington fish receiving tickets that pilchard were landed under the person's emerging commercial fishery license during two of the three calendar years (2000, 2001, or 2002)."

Subsection (1)(c), at beginning, add "As of July 1, 2003, (h)as..."

Delete subsections (2)(b) and (e).

Subsection (2)(c), at beginning, add "As of April 1, 2004, (h)as..."

Insert the following new subsection:

(3) Beginning 2005, a coastal pilchard experimental fishery permit will be issued only to a natural person who:

(a) Held such a permit the previous year;

(b) Can demonstrate by valid Washington fish receiving tickets that at least forty metric tons cumulative weight of pilchard taken from Pacific Ocean waters were landed under the person's emerging commercial fishery license during the previous two calendar years;

(c) Has purchased an emerging commercial fisheries license by April 1st; and

(d) As of April 1st of each licensing year has no outstanding observer fees owed to the department.

Renumber subsection (3) to (4), and after, "revoked by the director", add, ", and future permits denied by the director,"; after "specified in the permits" add "or violation of other commercial fishing rules".

Renumber subsection (4) as (5), and change to read "If less than twenty permits are issued to persons who meet the permit renewal requirements specified in subsections (2) and (3) of this section, the director may offer replacement permits, provided that:"

Subsection (5)(a), change "twenty" to "twenty-five."

Subsection (5)(b), change "on order from highest to lowest cumulative landing total for that period" to "by random drawing."

Renumber subsection (5) as (6).

Renumber subsection (6) as (7), delete text, and insert, "Permit holders must designate a vessel to be used in the coastal pilchard emerging commercial fishery by May 31 of each year. Permit holders may not change vessel designation between June 1 and October 1, except in an emergency and then only if allowed by the director."

WAC 220-88C-040:

Delete subsection (3) and renumber.

WAC 220-88C-050:

Restore last sentence in subsection (3).

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 5, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

June 3, 2003

J. P. Koenings

Director

by Larry Peck

OTS-6306.6


AMENDATORY SECTION(Amending Order 01-36, filed 3/13/01, effective 4/13/01)

WAC 220-88C-020   Designation of the coastal pilchard fishery as an emerging commercial fishery.   (1) The director designates the coastal pilchard fishery as an emerging commercial fishery for which use of a vessel is required. It is unlawful for any person to fish for, possess, or deliver pilchard taken from Washington waters west of the Bonilla-Tatoosh line or from the waters of the Exclusive Economic Zone unless the fisher has a valid emerging commercial fishery license and a valid coastal pilchard ((trial)) experimental fishery permit, or except as otherwise provided.

(2) ((After the effective date of this section,)) The following fishery licenses may not be used to take pilchard from Washington waters west of the Bonilla-Tatoosh line or from the waters of the Exclusive Economic Zone: Baitfish lampara; baitfish purse seine; Columbia River smelt; food fish trawl -- non-Puget Sound; herring dip bag net; herring gill net; herring lampara; herring purse seine; smelt dip bag net; smelt gill net, except as provided for in chapter 220-44 WAC.

(3) ((After the effective date of this section,)) Pilchard taken from Washington waters west of the Bonilla-Tatoosh line or from the waters of the Exclusive Economic Zone may not be delivered into a Washington port under a nonlimited entry delivery license, and may not be delivered under the licenses provided for in RCW 77.65.210.

[Statutory Authority: RCW 77.12.047. 01-07-016 (Order 01-36), 220-88C-020, filed 3/13/01, effective 4/13/01.]


AMENDATORY SECTION(Amending Order 01-36, filed 3/13/01, effective 4/13/01)

WAC 220-88C-030   Eligibility to participate in the coastal pilchard fishery.   (((1) All persons who are eligible to purchase a commercial fishery license may obtain a coastal pilchard trial fishery permit and purchase an emerging commercial fishery license.

(2) Persons who violate the terms of the coastal pilchard trial fishery permit will have the permit revoked, pursuant to appeal rights under chapter 34.05 RCW, and will be ineligible to obtain a coastal pilchard trial fishery permit for the remainder of the calendar year for which the emerging commercial fishery license is valid.)) (1) For 2003, a coastal pilchard experimental fishery permit will be issued only to a person who:

(a) Can demonstrate by valid Washington fish receiving tickets that at least forty metric tons cumulative weight of pilchard taken from Pacific Ocean waters were landed under the person's emerging commercial fishery license during the previous three calendar years (2000, 2001, and 2002) or can demonstrate by valid Washington fish receiving tickets that pilchard were landed under the person's emerging commercial fishery license during two of the three calendar years (2000, 2001, or 2003);

(b) Has purchased an emerging commercial fisheries license by July 1, 2003; and

(c) As of July 1, 2003, has no outstanding observer fees owed to the department for the 2000, 2001, or 2002 coastal pilchard trial fisheries.

(2) Beginning 2004, a coastal pilchard experimental fishery permit will be issued only to a natural person who:

(a) Held such a permit the previous year;

(b) Has purchased an emerging commercial fisheries license by April 1st; and

(c) As of April 1st has no outstanding observer fees owed to the department.

(3) Beginning 2005, a coastal pilchard experimental fishery permit will be issued only to a natural person who:

(a) Held such a permit the previous year;

(b) Can demonstrate by valid Washington fish receiving tickets that at least forty metric tons cumulative weight of pilchard taken from Pacific Ocean waters were landed under the person's emerging commercial fishery license during the previous two calendar years;

(c) Has purchased an emerging commercial fisheries license by April 1st; and

(d) As of April 1st of each licensing year has no outstanding observer fees owed to the department.

(4) Coastal pilchard experimental fishery permits may be revoked by the director, and future permits denied by the director, for failure to comply with conditions specified in the permits or violation of other commercial fishing rules, and shall be revoked if the emerging commercial fishery license is suspended. A coastal pilchard experimental fishery permit will not be renewed if the emerging commercial fishery license is revoked or future fishing privileges of the licensee are suspended.

(5) If less than twenty permits are issued to persons who meet the permit renewal requirements specified in subsections (2) and (3) of this section, the director may offer replacement permits, provided that:

(a) The total number of permits issued by the director, including replacement permits, shall not exceed twenty-five.

(b) Replacement permits shall be issued to persons who had landed a minimum of five metric tons (cumulative round weight) of pilchard taken from Pacific Ocean waters in 2000, 2001, and 2002, by random drawing.

(c) If less than twenty permits are issued to persons who meet the minimum landing requirements specified in (b) of this subsection, the director may offer a replacement permit by random drawing.

(6) Coastal pilchard experimental fishery permits are only valid for the year issued and expire on December 31st of the year issued with the expiration of the emerging commercial fishery license.

(7) Permit holders must designate a vessel to be used in the coastal pilchard emerging commercial fishery by May 31 of each year. Permit holders may not change vessel designation between June 1 and October 31, except in an emergency and then only if allowed by the director.

[Statutory Authority: RCW 77.12.047. 01-07-016 (Order 01-36), 220-88C-030, filed 3/13/01, effective 4/13/01.]


AMENDATORY SECTION(Amending Order 01-36, filed 3/13/01, effective 4/13/01)

WAC 220-88C-040   Coastal pilchard fishery -- Seasons and lawful catch.   (1) The coastal pilchard fishery season is open to purse seine fishing ((only)) May 15 through October 31((, or until 15,000 metric tons of pilchard have been taken, whichever is earlier)) only. Fishing under ((a trial)) an experimental commercial fishery permit for pilchard is closed within three miles of shore.

(2) It is unlawful to retain any species taken incidental to pilchard in the coastal pilchard fishery except anchovy, mackerel, and squid. Incidental landings of Pacific mackerel cannot exceed forty-five percent, by weight, of the total landing. Any salmon encircled in the purse seine must be released prior to completion of the set, and no salmon may be landed on the fishing ((vessel's deck)) vessel.

(3) The transfer of catch from one vessel to another is prohibited.

(4) Legal purse seine gear must be aboard the vessel making the landing.

(5) Pilchard landings must be delivered to a shoreside processing facility.

[Statutory Authority: RCW 77.12.047. 01-07-016 (Order 01-36), 220-88C-040, filed 3/13/01, effective 4/13/01.]


AMENDATORY SECTION(Amending Order 01-36, filed 3/13/01, effective 4/13/01)

WAC 220-88C-050   Coastal pilchard fishery -- Observer and sampler coverage, logbook requirements.   (1) As a condition of the ((trial)) experimental commercial fishery permit, participants in the coastal pilchard fishery are required to have on-board observers for any pilchard fishing effort, and are required to have observer coverage for one-half of the vessel trips. Fishers may elect to use either department-provided observers, or ((NMFS)) National Marine Fisheries-certified observers, but must notify the department of their irrevokable decision on which type of observer to use at least 48 hours before their first pilchard fishing trip of the season. NMFS-certified observers must have completed a department training session. Department-provided observer coverage will be made available to fishers who agree to reimburse the department at a rate of $100 per landing, whether or not the vessel trip was observed. Payment for department-provided observer coverage is due by the tenth day of the following month for the previous month's landings, and failure to make timely payment will result in revocation of the ((trial)) experimental commercial fishery permit.

(2) In order to allow sufficient time for observer coverage and sampling efforts, fishers must notify the department's ((marine fish division)) sardine hotline during normal business hours at least 48 hours before the first vessel trip and at least 24 hours before each subsequent trip. Fishers must provide name and contact phone number, time and location of departure, and estimated time and location of landing. Up to 500 sardine per vessel trip may be retained by WDFW samplers for biological information.

(3) All persons who obtain ((a trial)) an experimental commercial fishery permit for the coastal pilchard fishery must complete a department-issued logbook, and the logbook is required to be returned to the department by November 15th of the year of issuance. Failure to submit the logbook will cause the person to be ineligible for a permit in the following season.

[Statutory Authority: RCW 77.12.047. 01-07-016 (Order 01-36), 220-88C-050, filed 3/13/01, effective 4/13/01.]

Legislature Code Reviser 

Register

Washington State Code Reviser's Office