WSR 07-03-032




[ Filed January 9, 2007, 3:29 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-21-065.

Title of Rule and Other Identifying Information: WAC 220-88C-030 Eligibility to participate in the coastal pilchard fishery.

Hearing Location(s): Natural Resources Building, Room #585, 1111 Washington Street S.E., Olympia, WA, on February 27, 2007, at 1:30 p.m.

Date of Intended Adoption: On or after March 27, 2007.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail, fax (360) 902-2155, by February 23, 2007.

Assistance for Persons with Disabilities: Contact Susan Yeager, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Modify continuing participation provisions in the coastal pilchard fishery to provide greater flexibility for fishers to maintain eligibility in the face of changing market conditions.

Reasons Supporting Proposal: Current rules are too rigid to allow continued fisher eligibility when markets are not buying product.

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, Olympia, (360) 902-2826; Implementation: Phil Anderson, 1111 Washington Street, Olympia, (360) 902-2720; and Enforcement: Bruce Bjork, 1111 Washington Street, 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: This action drops the compliance requirements for landing poundage to maintain license eligibility.

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: There are no costs for business for this action.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? There are no compliance requirements therefore no impacts to sales or 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:

1. Cost per employee;

2. Cost per hour of labor; or

3. Cost per one hundred dollars of sales.

There are no compliance costs.

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 there are no costs incurred.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The department will conduct a public hearing and receive public comment on the rule proposal for consideration in the rule-making process.

8. A List of Industries That Will Be Required to Comply with the Rule: Coastal sardine fishers will be affected by the rule which will reduce their burden on the requirements to maintain their license eligibility.

A copy of the statement may be obtained by contacting Lori Preuss, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail

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

January 9, 2007

Loreva M. Preuss

Rules Coordinator


AMENDATORY SECTION(Amending Order 06-59, filed 4/3/06, effective 5/4/06)

WAC 220-88C-030   Eligibility to participate in the coastal pilchard fishery.   (1) Beginning in 2007, a coastal pilchard experimental fishery permit will be issued only to a natural person who:

(a) Held such a permit or held a replacement 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))) (c) Has an ownership interest of at least fifty percent in the vessel designated on the emerging commercial fishery license.

(2) 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.

(3) The director may offer replacement permits, provided that the total number of permits issued by the director, including replacement permits, shall not exceed twenty-five.

(4) A coastal pilchard replacement permit will only be issued to a natural person who:

(a) Has an ownership interest of at least fifty percent in a vessel that was designated on a Washington coastal pilchard experimental fishery permit in 2004 or 2005; and

(b) ((Landed a minimum of 40 mt cumulative weight of pilchard into Washington using the designated vessel referenced in (a) of this subsection in 2004 and 2005; and

(c))) Has purchased an emerging commercial fisheries license by August 1, 2006.

(5) Coastal pilchard experimental fishery permits and replacement permits are only valid for the year issued and expire with the expiration of the emerging commercial fishery license.

(6) Replacement permit holders must designate a vessel in which the replacement permit holder has an ownership interest of at least fifty percent.

(7) Permit holders must designate a vessel to be used in the coastal pilchard emerging commercial fishery at least forty-eight hours before their first pilchard fishing trip of each season. Once designated, permit holders may not change vessel designation for the remainder of the season, except as provided in subsection (8) of this section in an emergency and then only if allowed by the director. The same vessel may not be designated on more than one emerging commercial fishery license and accompanying coastal pilchard experimental fishery permit.

(8) Vessel designation may be changed during the pilchard season provided that the designated vessel has not yet participated in the pilchard fishery during the current calendar year.

[Statutory Authority: RCW 77.12.047. 06-08-078 (Order 06-59), 220-88C-030, filed 4/3/06, effective 5/4/06; 05-08-056 (Order 05-53), 220-88C-030, filed 3/30/05, effective 4/30/05; 04-10-035 (Order 04-94), 220-88C-030, filed 4/29/04, effective 5/30/04; 03-13-002 (Order 03-111), 220-88C-030, filed 6/4/03, effective 7/5/03; 01-07-016 (Order 01-36), 220-88C-030, filed 3/13/01, effective 4/13/01.]

Washington State Code Reviser's Office