WSR 06-16-018

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed July 24, 2006, 8:22 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-12-067.

Title of Rule and Other Identifying Information: WAC 220-88E-030 Hagfish pot trial fishery -- Seasons and gear.

Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA, on October 6-7, 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 North, 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: Increases pot limits to one hundred pots per trial permit.

Reasons Supporting Proposal: Increases economic efficiency of fishers by reducing operating costs in relationship to harvest.

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, (360) 902-2826; Implementation: Lew Atkins, 1111 Washington Street S.E., Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street S.E., Olympia, (360) 902-2373.

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: Permit holders will be required to maintain and file logbooks on a quarterly basis.

2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None - this is a common requirement in commercial fisheries and can be easily implemented by the fisher.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: No costs anticipated - logbooks are supplied by the department, complete with a postage paid return envelope.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No - as no current fishery exists, no revenue will be gained without the implementation of these rules.

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.

There is no compliance cost - without the rules there is no business opportunity.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: No steps taken as no costs are anticipated.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The department will conduct a public hearing under the auspices of the fish and wildlife commission process for adopting rules.

8. A List of Industries That Will Be Required to Comply with the Rule: All emerging commercial fishery license holders who hold trial fishery permits for hagfish.

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 rule proposals do not affect hydraulics.

July 24, 2006

Morris W. Barker

Rules Coordinator

OTS-9007.1


AMENDATORY SECTION(Amending Order 05-245, filed 10/14/05, effective 11/14/05)

WAC 220-88E-030   Hagfish pot trial fishery -- Season and gear.   It is unlawful to fish for hagfish for commercial purposes except as provided in this section:

(1) Season - Open year-round to hagfish pot gear only.

(2) Area - Open only in Pacific Ocean waters greater than 50 fathoms in depth.

(3) Gear restrictions:

(a) Maximum of ((50)) 100 hagfish pots per permit. Pots may be fished individually or on a common ground line.

(b) Hagfish pot gear requirements:

(i) Maximum entrance tunnel size of eleven square inches. Entrance tunnels may be of any shape.

(ii) Each pot is required to have at least one escape exit of at least nine and one-half square inches in opening and which must be constructed of 120 thread size or smaller untreated cotton twine.

(c) Buoy requirements: Hag fish pot gear must be buoyed. 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. If ground lines are used, ground line end marker buoys must display the number of pots on the ground line.

[Statutory Authority: RCW 77.12.047. 05-21-067 (Order 05-245), 220-88E-030, filed 10/14/05, effective 11/14/05.]

Washington State Code Reviser's Office