Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-12-001.

     Title of Rule and Other Identifying Information: WAC 220-88B-040 Coastal spot shrimp pot experimental fishery -- Season and gear -- Species restriction.

     Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA, on October 6, 2006, begins 8:00 a.m. on October 6, 2006.

     Date of Intended Adoption: October 6, 2006.

     Submit Written Comments to: Rules Coordinator, 600 Capitol Way, Olympia, WA 98501-1091, e-mail barkemwb@dfw.wa.gov, fax (360) 902-2944, by October 4, 2006.

     Assistance for Persons with Disabilities: Contact Nancy Burkhart by September 22, 2006, TTY (360) 902-2207 or (360) 902-2267.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Provide a season closure to protect spot shrimp during egg bearing period, further insuring reproductive capacity. Current rule is open year around.

     Reasons Supporting Proposal: Bulk of females in population are in egg bearing status during closure period proposed.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of fish and wildlife, governmental.

     Name of Agency Personnel Responsible for Drafting: Morris W. Barker, 1111 Washington Street S.E., Olympia, WA, (360) 902-2826; Implementation: Lew Atkins, 1111 Washington Street S.E., Olympia, WA, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street S.E., Olympia, WA, (360) 902-2373.

     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 compliance costs. Calendars are readily available at minimal costs.

     4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? Yes. In the short term fishers who have fished during this fall/winter period will lose the opportunity to fish during the period that will be closing; however, the long-term result will provide for a more productive level of resource, which is available during the open season period.

     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:

     1. Cost per employee;

     2. Cost per hour of labor; or

     3. Cost per one hundred dollars of sales.

     This segment of the commercial fishing industry represents less than 1/2% of the total industry.

     6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: The agency has delayed the implementation of a season closure period for a number of years in an attempt to gather more definitive data. The gathering of that data has been slow in coming and has been largely dependent on the industry for cooperation. Not enough cooperation and limited fishing effort during the time period of data need has forestalled more exact information. The department is taking a proactive approach towards conservation at this point and can liberalize the season in the future if better information is obtained.

     7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The fishers who participate in this fishery will be notified by mail of the proposed action and invited to discuss the proposal with staff and/or provide testimony to the fish and wildlife commission during their public hearing process.

     8. A List of Industries That Will Be Required to Comply with the Rule: The ocean spot shrimp pot fishery.

     A copy of the statement may be obtained by contacting Morris W. Barker, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2826, fax (360) 902-2944, e-mail barkemwb@dfw.wa.gov.

     A cost-benefit analysis is not required under RCW 34.05.328. These proposals do not affect hydraulics.

July 24, 2006

Morris W. Barker

Rules Coordinator

OTS-9009.1

AMENDATORY SECTION(Amending Order 04-21, filed 2/10/04, effective 3/12/04)

WAC 220-88B-040   Coastal spot shrimp pot experimental fishery -- Season and gear -- Species restriction.   It is unlawful to fish for spot shrimp for commercial purposes in coastal and offshore waters using shellfish pot gear except as provided in this section:

     (1) Season - Open to shellfish pot gear ((the entire year)) April 1 through August 31.

     (2) Gear restrictions:

     (a) Maximum of 500 shellfish pots per permit.

     (b) Pot size is limited to a maximum 153 inch bottom perimeter and a maximum 24 inch height.

     (c) Shrimp pot gear must be constructed with net webbing or rigid mesh, and at least 50 percent of the net webbing or mesh covering the sides of the pot must easily allow passage of a seven-eighths inch diameter dowel.

     (d) Pot gear is required to have an escape mechanism as provided for in WAC 220-52-035.

     (e) Groundline end marker buoys must be floating and visible on the surface of the water, equipped with a pole, flag, radar reflector and operating light, and marked with the clear identification of the permittee.

     (3) Incidental catch: It is unlawful to retain any species of finfish or shellfish taken with spot shrimp pot gear, except that it is lawful to retain octopus, squid, and up to 50 pounds round weight of other shrimp species taken with shrimp pot gear. It is unlawful for persons fishing in the coastal spot shrimp experimental fishery to deliver spot shrimp while having on board bottomfish taken in the coastal bottomfish fishery under WAC 220-44-050.

[Statutory Authority: RCW 77.12.047. 04-05-027 (Order 04-21), § 220-88B-040, filed 2/10/04, effective 3/12/04; 02-02-050 (Order 01-287), § 220-88B-040, filed 12/27/01, effective 1/27/02; 00-17-107 (Order 00-152), § 220-88B-040, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 75.08.080. 99-01-154 (Order 98-257), § 220-88B-040, filed 12/22/98, effective 1/22/99.]

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