WSR 12-15-019

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-140 -- Filed July 10, 2012, 5:12 p.m. , effective August 10, 2012 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Amends WAC 220-95-100 Sea urchin license reduction program and 220-95-110 Sea cucumber license reduction program, to implement a permit buy-back program to reduce the number of commercial sea urchin permits to twenty and sea cucumber permits to twenty.

Citation of Existing Rules Affected by this Order: Amending WAC 220-95-100 and 220-95-110.

Statutory Authority for Adoption: RCW 77.12.047, 77.70.150, and 77.70.190.

Adopted under notice filed as WSR 12-09-053 on April 16, 2012.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 15, 2012.

Miranda Wecker, Chair

Fish and Wildlife Commission

OTS-4723.1


AMENDATORY SECTION(Amending Order 07-88, filed 5/18/07, effective 6/18/07)

WAC 220-95-100   Sea urchin license reduction program.   In order to provide for economic stability in the commercial sea urchin fishery, and in accordance with RCW 77.70.150, the department establishes the sea urchin license reduction program (program).

(1) Eligibility: All persons who currently hold a sea urchin commercial fishery license are eligible to offer their license(s) for purchase ((under the program)) by the department.

(2) ((Method of purchase: The department will rank offers to sell sea urchin licenses from the lowest offer to the highest offer. The department will purchase licenses each year from the funds made available under RCW 77.70.150, with a maximum purchase price of $11,000 per license.

(3))) Offer process: The department will accept sales offers ((to sell)) beginning August 1st of each year and will purchase licenses based on the funds that are available on ((the following)) September 30th of that same year.

(((4))) (3) Selection process: The department will ((select licenses to be purchased beginning with the lowest offer to sell, and continuing)) rank sales offers from the lowest offer to the highest. It will purchase the lowest-cost licenses first, then the next lowest, and continue until there are insufficient funds to ((purchase a)) complete a purchase on an offer. If two or more licenses are offered at the same price, selection will be by random draw. To purchase licenses, the department will use the funds made available under RCW 77.70.150, with a maximum purchase price of twenty thousand dollars per license.

(((5))) (4) License reduction process: ((Upon selection,)) When the department purchases a license, it will issue a warrant (a check from the department) in the amount of the offer to the license holder ((in the amount of the offer)). On the date that the department mails the warrant ((is mailed)) to the license holder's mailing address ((of the license holder as shown in their)) on file with the department ((licensing file, the department)), it will void the license. ((Upon receipt of)) When the license holder receives the warrant, ((the license holder is to)) he or she must return ((the)) his or her commercial sea urchin license cards to the department.

(((6))) (5) No prohibition on reentry: License holders who sell a license under the program may reenter the sea urchin commercial fishery if they purchase a license.

(((7))) (6) Program termination: This program terminates when the number of sea urchin commercial fishery licensees is reduced to ((twenty-five)) twenty.

[Statutory Authority: RCW 77.12.047. 07-11-110 (Order 07-88), 220-95-100, filed 5/18/07, effective 6/18/07; 02-17-014 (Order 02-184), 220-95-100, filed 8/9/02, effective 9/9/02; 02-01-069 (Order 01-274), 220-95-100, filed 12/14/01, effective 1/14/02.]


AMENDATORY SECTION(Amending Order 07-88, filed 5/18/07, effective 6/18/07)

WAC 220-95-110   Sea cucumber license reduction program.   In order to provide for economic stability in the commercial sea cucumber fishery, and in accordance with RCW 77.70.190, the department establishes the sea cucumber license reduction program (program).

(1) Eligibility: All persons who currently hold a sea cucumber commercial fishery license are eligible to offer their license(s) for purchase ((under the program)) by the department.

(2) ((Method of purchase: The department will rank offers to sell sea cucumber licenses from the lowest offer to the highest offer. The department will purchase licenses each year from the funds made available under RCW 77.70.190, with a maximum purchase price of $15,000 per license.

(3))) Offer process: The department will accept sales offers ((to sell)) beginning August 1st of each year and will purchase licenses based on the funds that are available on ((the following)) September 30th of that same year.

(((4))) (3) Selection process: The department will ((select licenses to be purchased beginning with the lowest offer to sell, and continuing)) rank sales offers from the lowest offer to the highest. It will purchase the lowest-cost licenses first, then the next lowest, and continue until there are insufficient funds to ((purchase a)) complete a purchase on an offer. If two or more licenses are offered at the same price, selection will be by random draw. To purchase licenses, the department will use the funds made available under RCW 77.70.190, with a maximum purchase price of sixty thousand dollars per license.

(((5))) (4) License reduction process: ((Upon selection,)) When the department purchases a license, it will issue a warrant (a check from the department) in the amount of the offer to the license holder ((in the amount of the offer)). On the date that the department mails the warrant ((is mailed)) to the license holder's mailing address ((of the license holder as shown in their)) on file with the department ((licensing file, the department)), it will void the license. ((Upon receipt of)) When the license holder receives the warrant, ((the license holder is to)) he or she must return ((the)) his or her commercial sea cucumber license cards to the department.

(((6))) (5) No prohibition on reentry: License holders who sell a license under the program may reenter the sea cucumber commercial fishery if they purchase a license.

(((7))) (6) Program termination: This program terminates when the number of sea cucumber commercial fishery licensees is reduced to ((twenty-five)) twenty.

[Statutory Authority: RCW 77.12.047. 07-11-110 (Order 07-88), 220-95-110, filed 5/18/07, effective 6/18/07; 05-17-027 (Order 05-170), 220-95-110, filed 8/5/05, effective 9/5/05; 02-17-014 (Order 02-184), 220-95-110, filed 8/9/02, effective 9/9/02; 02-01-069 (Order 01-274), 220-95-110, filed 12/14/01, effective 1/14/02.]

Washington State Code Reviser's Office