WSR 03-13-085

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 16, 2003, 2:29 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-08-046.

Title of Rule: Redescribe Sea Cucumber District 1 boundary and to set daily hours of sea cucumber harvest operation.

Purpose: Redefine sea cucumber district boundary description to correct rule text error and to set daily hours of operation as an alternative to continuing emergency rule text.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Provides for a more precise and enforceable management boundary description in Sea Cucumber District 1 and reduces verbiage needs in emergency rule text by setting daily hours of harvest operation in permanent rule.

Reasons Supporting Proposal: The current boundary description in Sea Cucumber District 1 is vague and unenforceable, this will provide a clear enforceable boundary. Emergency rules that are promulgated to operate this fishery can be reduced in verbiage by capturing the daily harvest operating hours in permanent rule.

Name of Agency Personnel Responsible for Drafting: Morris Barker, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2826; Implementation: Lew Atkins, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2651; and Enforcement: Bruce Bjork, 600 Capitol Way North, Olympia, WA 98501-1091, (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: Rule change would provide an accurate enforceable boundary in Sea Cucumber District 1 and remove discrepancies associated with reporting and fishing activities in the vicinity of the boundary area. The daily hours of harvest operation have been used consistently in emergency rule promulgation - this would reduce the emergency rule verbiage and convert that language to the permanent rule language.

Proposal Changes the Following Existing Rules: Amends WAC 220-52-071 to provide a more accurate boundary description in Sea Cucumber District 1 and to set daily hours of harvest operations into permanent rule.

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: None required.

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 anticipated.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? 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 costs for compliance of these rules.

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 anticipated with these rule changes.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The rules will be reviewed through the Fish and Wildlife Commission's public rule development process.

8. A List of Industries That Will Be Required to Comply with the Rule: The sea cucumber dive fishing industry.

A copy of the statement may be obtained by writing to Evan Jacoby, Rules Coordinator, 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 hydraulic rules.

Hearing Location: Hampton Inn/Fox Hall, 3985 Bennett Drive, Bellingham, WA 98225, on August 1-2, 2003, at 8 a.m. on August 1, 2003.

Assistance for Persons with Disabilities: Contact Susan Yeager by July 21, 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 July 30, 2003.

Date of Intended Adoption: August 1, 2003.

June 16, 2003

Evan Jacoby

Rules Coordinator

OTS-6372.2


AMENDATORY SECTION(Amending Order 02-186, filed 8/9/02, effective 9/9/02)

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 due west from the southernmost point of Cattle ((Pass)) Point on San Juan Island to the international border and south of a line projected 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.

On days open to sea cucumber harvest, it is unlawful to take sea cucumbers from one-half hour before official sunset to 5:59 a.m. the next morning. Violation of this subsection is punishable under RCW 77.15.550, Violation of commercial fishing area or time -- Penalty.

(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. Failure to display these numbers is punishable under RCW 77.15.540, Unlawful use of a commercial fishery license.

(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. Violation of this subsection is punishable under RCW 77.15.520, Commercial fishing -- Unlawful gear or methods -- Penalty.

(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. Violation of this subsection is punishable under RCW 77.15.550, Violation of commercial fishing area or time -- Penalty.

(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. Violation of this subsection is punishable under RCW 77.15.520, Commercial fishing -- Unlawful gear or methods -- Penalty.

[Statutory Authority: RCW 77.12.047. 02-17-016 (Order 02-186), 220-52-071, filed 8/9/02, effective 9/9/02; 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.]

Legislature Code Reviser 

Register

Washington State Code Reviser's Office