WSR 16-17-055
[Filed August 12, 2016, 8:16 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-13-149.
Title of Rule and Other Identifying Information: Classification of shellfish under WAC 220-12-020.
Hearing Location(s): Natural Resource[s] Building, 1111 Washington Street S.E., Olympia, WA 98501, on November 4-5, 2016, at 8:00 a.m. - 5:00 p.m.
Date of Intended Adoption: December 11, 2016.
Submit Written Comments to: Scott Bird, Washington Department of Fish and Wildlife (WDFW), Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail, fax (360) 902-2155, by November 2, 2016.
Assistance for Persons with Disabilities: Contact Delores Noyes by November 3, 2016, TTY (360) 902-2207 or (360) 902-2349.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposed rule is to add three shellfish species to the list of classified shellfish in WAC 220-12-020 which include Paralithodes platypus, Paralithodes camtschaticus and Lithodes aequispinus.
By adding these three species of king crab to the current shellfish classification, brokers and original receivers who currently conduct business in Washington state will be required to obtain a wholesale fish dealers license and maintain and produce records for inspection by fish and wildlife police. Shippers and storage facilities will not be required to be licensed, but will be required to produce records associated with the origin of king crab. These records are already maintained through the regular course of doing business; however, access to these records cannot be compelled for inspection purposes unless a classified species is first identified. A number of the seafood brokers, shippers and cold storage facilities dealing in king crab are already licensed due to their involvement in trading or storing classified species.
Reasons Supporting Proposal: Currently, the illegal, unreported, and unregulated (IUU) fisheries are a global problem and negatively impact conservation, undermine legitimate fishery markets, and affect domestic interests. The Russian king crab fishery is at the top of the unsustainable fishery list, and directly competes with the Alaskan and Washington crab fisheries.
Failing to control the importation of illegally harvested crab from Russia has a rippling effect, driving down prices for west coast harvests. According to members of the Bering Sea Crab Association, the IUU issue has resulted in an estimated $600 million loss in crab related revenue and tax since 2000.
Of the $255 million of the United States' frozen crab imports from Russia in 2015, seventy-nine percent are imported through Washington state ports (Blaine, Seattle, Tacoma, and Bellingham). Over the last five years, as much as eighty-eight percent (2014) of all frozen (king and snow) crab from Russia entered through local ports. Unfortunately, Washington state is considered to be the original receiver and distribution point for illegal Russian origin crab destined for domestic markets. This rule change will help facilitate marketplace enforcement to ensure the interests of Washington commercial fishing businesses and families are protected.
Statutory Authority for Adoption: RCW 77.12.047 [77.04.012], 77.04.020, 77.05.055 [77.04.055], 77.12.047, 77.12.150, 77.12.240, and 77.12.800.
Statute Being Implemented: RCW 77.04.012, 77.04.020, 77.04.055, 77.12.047, 77.12.150, 77.12.240, and 77.12.800.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WDFW, governmental.
Name of Agency Personnel Responsible for Drafting and Enforcement: Mike Cenci, 1111 Washington Street, Olympia, WA 98501, (360) 902-2329; and Implementation: Scott Bird, 1111 Washington Street, Olympia, WA 98501, (360) 902-2403.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Small Business Economic Impact Statement
1. Description of the Reporting, Recordkeeping, and Other Compliance Requirements of the Proposed Rule: The proposed rule adds three species of king crab to the current shellfish rule classification. Currently, brokers, original receivers, shippers and storage facilities maintain and produce records for inspection related to the origin of classified and regulated seafood. If a broker or original receiver buys, sells or receives these three species - blue king crab, red king crab or golden king crab, they will have to obtain a wholesale fish dealer's license and maintain and produce records for inspection as they do for other classified and regulated species. Likewise, both shippers and storage facilities will also be required to maintain and produce records for these three species.
2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: Compliance with the proposed rule will not require professional services.
3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: None. The proposed rule does not affect any costs of compliance; it simply requires certain businesses to ensure that they are properly licensed and maintain records of various species of king crab in their possession.   
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No. Compliance will have no effect on sales or revenue.
5. Cost of Compliance for the Ten Percent 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: None. The proposed rule does not require any additional equipment, supplies, labor or administrative costs.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: Small businesses will not be negatively affected by this proposed rule but will in fact benefit from its adoption. The rule is designed to better account for the large volume of foreign-caught king crab that is imported into Washington state and undermines local businesses and the fishing community in general.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: Local businesses and the North Pacific Crab Association have already provided both oral and written support for the adoption of this rule. A public hearing will be held to review the rule as part of the regular rule-making process.
8. A List of Industries That Will Be Required to Comply with the Rule: Commercial fish brokers, original receivers, shippers, and storage facilities of king crab.
A copy of the statement may be obtained by contacting Scott Bird, WDFW, Enforcement Program, 600 Capitol Way North, Olympia, WA 98501, phone (360) 902-2403, fax (360) 902-2466, e-mail
A cost-benefit analysis is not required under RCW 34.05.328. The rule proposal did not affect hydraulics.
August 8, 2016
Scott Bird
Rules Coordinator
AMENDATORY SECTION (Amending WSR 12-09-046, filed 4/13/12, effective 5/14/12)
WAC 220-12-020 ShellfishClassification.
The following species are classified as shellfish under RCW 77.12.047 and are subject to the provisions of this title:
Pinto abalone
Haliotis kamtschatkana
Blue mussel
Mytilus trossulus
California mussel
Mytilus californianus
Mediterranean mussel
Mytilus galloprovincialis
Pacific pink scallop
Chlamys rubida
Rock scallop
Crassadoma gigantea
Spiny scallop
Chlamys hastata
Weathervane scallop
Patinopecten caurinus
All macoma clams
Macoma spp.
Butter clam
Saxidomus giganteus
Common cockle
Clinocardium nuttallii
Panopea abrupta
Horse or Gaper clam
Tresus nuttallii,
Tresus capax
Mud or soft shell clam
Mya arenaria
Manila clam
Venerupis philippinarum
Zirfaea pilsbryi
Razor clam
Siliqua patula
Rock or native little neck
Leukoma staminea
Varnish clam
Nuttallia obscurata
All other marine clams existing in Washington in a wild state
All oysters
All squid
Sepiolida or Teuthida
Enteroctopus dolfleini
Goose barnacle
Pollicipes polymerus
Coonstripe shrimp
Pandalus danae
Coonstripe shrimp
Pandalus hypsinotus
Ghost or sand shrimp
Neotrypaea spp.
Humpy shrimp
Pandalus goniurus
Mud shrimp
Upogebia pugettensis
Ocean pink shrimp
Pandalus jordani
Pink shrimp
Pandalus eous
Sidestripe shrimp
Pandalopsis dispar
Spot shrimp
Pandalus platyceros
Dungeness or Pacific crab
Cancer magister
Red rock crab
Cancer productus
Tanner crab
Chionoecetes tanneri
King and box crab
Lopholithodes spp.
Blue king crab
Paralithodes platypus
Red king crab
Paralithodes camtschaticus
Golden king crab
Lithodes aequispinus
Pacifastacus sp.
Sea cucumber
Sea cucumber
Parastichopus californicus
Sea urchin
Green urchin
Red urchin
Purple urchin
Strongylocentrotus purpuratus