WSR 11-05-042




[ Filed February 9, 2011, 9:48 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-22-005 on October 20, 2010.

Title of Rule and Other Identifying Information: WAC 220-52-035 Commercial shellfish pot gear -- Escape mechanism required.

Hearing Location(s): Natural Resources Building, Director's Conference Room, 5th Floor, 1111 Washington Street S.E., Olympia, WA 98504, on April 15, 2011, at 8:30 a.m.

Date of Intended Adoption: On or after April 15, 2011.

Submit Written Comments to: Lori Preuss, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail, fax (360) 902-2155, by March 31, 2011.

Assistance for Persons with Disabilities: Contact Susan Galloway by March 31, 2011, at (360) 902-2267 or TTY 1-800-833-6388.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department seeks more stringent rules for shellfish pot escape mechanisms so that the rules are easier to enforce and the mechanisms can work as intended. This will save shellfish that are trapped in lost and abandoned pots.

Reasons Supporting Proposal: This proposal will allow the Washington department of fish and wildlife to protect the state's shellfish resources and enhance commercial and recreational shellfish harvesting opportunities.

Statutory Authority for Adoption: RCW 77.04.012 and 77.12.047.

Statute Being Implemented: RCW 77.04.012 and 77.12.047.

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

Name of Proponent: Washington department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Lori Preuss, 1111 Washington Street S.E., Olympia, (360) 902-2930; Implementation: Mike Cenci, 1111 Washington Street S.E., Olympia, (360) 902-2938; and Enforcement: Bruce Bjork, 1111 Washington Street S.E., Olympia, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The costs for commercial shellfishers to comply with this rule are negligible. These fishermen already use the required materials to provide for shellfish escapement. This rule simply directs the fishermen to use only one single strand of cotton when lacing or sewing wire mesh of shellfish pots closed. The rule prohibits fishermen from wrapping the single strand of cotton multiple times or doubling it.

A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not involve hydraulics.

February 9, 2011

Lori Preuss

Rules Coordinator


AMENDATORY SECTION(Amending Order 06-38, filed 3/9/06, effective 4/9/06)

WAC 220-52-035   Commercial shellfish pot gear -- Escape mechanism required.   It is unlawful to fish for or possess crab, shrimp, or crawfish taken for commercial purposes with shellfish pot gear unless the gear allows for escapement using at least one of the following methods:

(1) Attachment of pot lid hooks or tiedown straps with a single strand or loop of untreated cotton twine or other natural fiber no larger than thread size 120 so that the pot lid will open freely if the twine or fiber is broken. It is permissible to use a single strand of cotton twine or other natural fiber tied together at the ends so that it can be looped between the tie down straps and the lid hook to connect them together.

(2) Providing an opening in the pot mesh no less than three inches by five inches ((which is)) and laced or sewn closed with one single strand of untreated cotton twine or other natural fiber no larger than thread size 120. The single strand of cotton may not be wrapped multiple times or doubled in any way when lacing or sewing the wire mesh closed. The opening must be located within the top half of the pot and be unimpeded by the entry tunnels, bait boxes, or any other structures or materials.

[Statutory Authority: RCW 77.12.047. 06-07-044 (Order 06-38), 220-52-035, filed 3/9/06, effective 4/9/06; 03-16-097 (Order 03-180), 220-52-035, filed 8/6/03, effective 9/6/03. Statutory Authority: RCW 75.08.080. 87-23-006 (Order 87-187), 220-52-035, filed 11/6/87.]

Washington State Code Reviser's Office