Original Notice.

Preproposal statement of inquiry was filed as WSR 00-18-084.

Title of Rule: Herring purse seine rule.

Purpose: Change from year around open fishery to open only by emergency order.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Moves fishery to permanently closed status from permanently open status and operate by emergency rule.

Reasons Supporting Proposal: The herring purse seine limited entry license requires annual purchase in order to renew the license in the following year. There has been no pursuit of this fishery and the attrition on the fleet has been a reduction of about 50% for failure to renew the license. As long as the department has an open fishery the license must be purchased to maintaining future options - closing the fishery will allow those remaining license holders to forego annual license purchase requirements without the risk of limited entry license loss.

Name of Agency Personnel Responsible for Drafting: Morris Barker, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2826; Implementation: Let Atkins, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2325; and Enforcement: Bruce Bjork, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2373.

Name of Proponent: Washington Department of Fish and Wildlife, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule changes an open year around season to a closed season except open only by emergency order. The purpose is to provide extra protection to herring stocks from the available latent fishing effort and provide economic relief to the license holders by not requiring annual license purchase to maintain their limited entry license. The anticipated effect is to withdraw an inactive fishery and prevent future unanticipated exploitation on herring and to maintain the limited entry herring purse seine fleet at its current effort level.

Proposal Changes the Following Existing Rules: Changes year around open season to closed except open only by emergency order.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

     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 of compliance.

     4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No - even though the season would close no one has been fishing this gear for quite a few years, hence no revenue/sales loss.

     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:

     a. Cost per employee;

     b. Cost per hour of labor; or

     c. Cost per one hundred dollars of sales.

     As there is no negative economic consequences from the action there will be no cost of compliance.

     6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: The agency was requested to take this action by the industry to save them money - so this action represents the department action to reduce industry cost.

     7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The agency will hold a public hearing under the Fish and Wildlife Commission process to take public input on the rule proposal.

     8. A List of Industries That Will Be Required to Comply with the Rule: The limited entry herring purse seine fishers.

A copy of the statement may be obtained by writing to Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2942.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulic rules.

Hearing Location: Best Western Hotel, 15901 West Valley Road, Tukwila, WA, on December 8-9, 2000, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by November 20, 2000, TDD (360) 902-2207, or (360) 902-2226.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2944, by December 7, 2000.

Date of Intended Adoption: December 8, 2000.

October 31, 2000

Evan Jacoby

Rules Coordinator

OTS-4502.1

AMENDATORY SECTION(Amending Order 99-127, filed 8/13/99, effective 9/13/99)

WAC 220-49-020
Herring and anchovy -- Seasons -- Lawful gear -- Purposes.

It shall be unlawful to take, fish for or possess for commercial purposes herring or anchovy in Puget Sound except during lawful seasons, with lawful gear and for such purposes as provided for hereinafter in each respective fishing area:

     (1) Area 20A.

     (a) Closed September 1 through May 31 to all commercial fishing gear except for the spawn on kelp fishery as provided for in WAC 220-49-063.

     (b) Closed June 1 through August 31 to all commercial fishing.

     (2) It is unlawful to use purse seine gear in any Puget Sound area except 23A, 23B, 23C, 23D, and 29.      Areas 23A, 23B, 23C, 23D and 29 are open to purse seine gear ((the entire year)) only during seasons set by emergency rule.

     (3) All other Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas - Open entire year with drag seine, lampara, and dip bag net for human consumption or bait only except for closures set out in subsections (4), (5) and (6) of this section.

     (4) The following areas are closed the entire year to all gear:

     Areas 20B, 21A, 21B, 22A, 22B, 25A, and 25E.

     (5) The following areas are closed from January 16 through April 15, except to dip bag net gear:

     (a) Area 24A except for a year round closure in Swinomish Channel in those waters between the bridge spanning the channel south of La Conner and a line perpendicular to the channel at the northeast end of the La Conner boat basin, 24B, and 24D.

     (b) Waters of Area 25C south of a line from Tala Point to Foulweather Bluff.

     (c) Area 25D.

     (d) Waters of Area 26B west of a line from Point Monroe to Point Jefferson.

     (e) Area 26C.

     (f) Waters of Area 26D north of a line from Neill Point to Piner Point.

     (g) Waters of Area 27A north of a line from South Point to Lofall and contiguous waters of 27A south of a line projected true east from Hazel Point including all waters of Dabob and Quilcene Bays.

     (h) Waters of Area 27B north of a line from Triton Head to Tekiu Point.

     (i) Waters of Area 27C east of a line from Ayers Point to Union.

     (j) Waters of Area 28A west of a line projected true north-south through Treble Point on Anderson Island, including Henderson Inlet.

     (k) Waters of Area 28B west of a line projected true north from Penrose Point, including Mayo Cove and Von Geldern Cove.

     (l) All contiguous waters of Area 28D north and east of a line projected from Dofflemeyer Point through Cooper Point to landfall on the west shore of Eld Inlet, including Totten Inlet, Hammersley Inlet and Oakland Bay.

[Statutory Authority: RCW 75.08.080.      99-17-067 (Order 99-127), § 220-49-020, filed 8/13/99, effective 9/13/99; 98-05-043, § 220-49-020, filed 2/11/98, effective 3/14/98; 95-23-020 (Order 95-166), § 220-49-020, filed 11/8/95, effective 12/9/95; 94-12-009 (Order 94-23), § 220-49-020, filed 5/19/94, effective 6/19/94; 84-08-014 (Order 84-24), § 220-49-020, filed 3/27/84; 83-24-024 (Order 83-200), § 220-49-020, filed 11/30/83, effective 1/1/84; 83-04-025 (Order 83-04), § 220-49-020, filed 1/27/83; 79-03-014 (Order 79-11), § 220-49-020, filed 2/15/79; Order 76-148, § 220-49-020, filed 12/2/76; Order 1105, § 220-49-020, filed 12/28/73.]

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