Original Notice.

Preproposal statement of inquiry was filed as WSR 00-18-085.

Title of Rule: Commercial octopus fishery.

Purpose: Repeal directed harvest fishery for octopus and rules relating to the directed harvest.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Repeal rules that provide for a directed commercial fishery for octopus.

Reasons Supporting Proposal: This low effort fishery has become disorderly with instances of abandoned gear, use of nonselective gear and considerable by-catch potential of species that are already fully subscribed in other fisheries.

Name of Agency Personnel Responsible for Drafting: Morris Barker, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2826; Implementation: Lew 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Explanation of Rule, its Purpose, and Anticipated Effects: The rule being repealed allows for target fishing for octopus with shellfish pot gear. The purpose of the repeal is to remove targeted fishing effort on the octopus population. The primary effects of the action will eliminate a disorderly fishery that promotes a by-catch of depressed marine fish species as well as other shellfish species which are fully subscribed in other limited entry fisheries. It will have no significant effect on the commercial landing levels of octopus because most of these landings occur as a result of by-catch in other fisheries.

Proposal Changes the Following Existing Rules: Modifies WAC 220-52-063 and 220-52-075 to remove allowance for target octopus fishing and associated logbook requirements.

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: No compliance costs would be incurred.

     4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? Yes, harvest sales would be lost. These losses amount to an annual average of $80.00 for the entire fleet.

     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.

     Compliance costs are de minimus as only three different vessels landed octopus between 1998 and 1999 for a total value of $160.61 over the two year period.

     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 were taken as the costs are de minimus and the by-catch reduction is worth more than the landed octopus product.

     7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: A letter will be sent to current license holders inviting discussion. A public hearing under the auspices of the Fish and Wildlife Commission process will also occur.

     8. A List of Industries That Will Be Required to Comply with the Rule: Commercial fishers who fish octopus with a shellfish pot license.

A copy of the statement may be obtained by writing to Evan Jacoby, 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 98188, on December 8-9, 2000, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by November 24, 2000, TDD (360)902-2207, or (360) 902-2861.

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.

November 1, 2000

Evan Jacoby

Rules Coordinator

OTS-4501.1

AMENDATORY SECTION(Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-52-063
Octopus fishery.

(((1) It shall be lawful at any time to take or fish for octopus for commercial purposes with shellfish pot gear in any of the waters of the state of Washington except in those waters of the Tacoma Narrows between a line from the north end of Days Island to the southern tip of Point Fosdick and a line from the navigational buoy at Point Defiance to the navigational buoy at the entrance to Gig Harbor.

     (2))) It shall be ((lawful)) unlawful to possess octopus for commercial purposes except octopus taken incidentally to any ((other)) lawful bottom fish or shellfish fishery, except that it shall be unlawful for divers to take octopus for commercial purposes except as authorized by permit issued by the director for display or scientific purposes.

     (((3) It shall be unlawful to possess any octopus mutilated in the process of its fishing or taking.

     (4) It is unlawful to fish for octopus using more than 200 shellfish pots without first having obtained a permit authorized by the director.

     (5) Licensing: A shellfish pot fishery license is the license required to operate the gear provided for in this section.))

[Statutory Authority: RCW 75.08.080.      94-12-009 (Order 94-23), § 220-52-063, filed 5/19/94, effective 6/19/94; 87-15-022 (Order 87-69), § 220-52-063, filed 7/8/87; 84-08-014 (Order 84-24), § 220-52-063, filed 3/27/84; 80-13-064 (Order 80-123), § 220-52-063, filed 9/17/80; Order 807, § 220-52-063, filed 1/2/69, effective 2/1/69.      Formerly WAC 220-52-060 (2), (3) and (4).]

OTS-4509.1

AMENDATORY SECTION(Amending Order 00-17, filed 2/14/00, effective 3/16/00)

WAC 220-52-075
Shellfish harvest logs.

It is unlawful for any vessel operator engaged in commercial crawfish, sea cucumber, sea urchin, scallop, shrimp other than ocean pink shrimp, squid, ((octopus,)) or sand shrimp fishing or operator of mechanical clam digging device to fail to obtain and accurately maintain the appropriate harvest log available from the Washington department of fish and wildlife.      The harvest log must be kept aboard the vessel while the vessel is engaged in harvest or has crawfish, sea cucumbers, sea urchins, shrimp other than ocean pink shrimp, squid, ((octopus,)) scallops, clams, or sand shrimp aboard.      The vessel operator must submit the harvest logs for inspection upon request by authorized department of fish and wildlife representatives.      The department's copies of the completed harvest log must be submitted to the department for each calendar month in which fishing activity occurs.      State copies must be received within ten days following any calendar month in which fishing activity occurred, except that commercial sea cucumber harvest logs must be received for each month of the season provided for in WAC 220-52-072 regardless of whether harvest activity occurred during the month, and all shellfish harvesters must submit a log that must be received by the tenth day following the termination of commercial fishing activity showing that shellfish harvest has terminated for the year.

     (1) Vessel operators engaged in commercial harvest of shrimp other than Puget Sound shrimp or sand shrimp or crawfish with shellfish pot or ring net gear must record the vessel Washington department of fish and wildlife boat registration number, number of pots or ring nets pulled, date pulled, soak time, and gear location before leaving the catch area where taken, and weights must be recorded upon landing or sale.

     (2) Vessel operators engaged in commercial harvest of shrimp other than ocean pink shrimp with beam trawl or shrimp trawl gear must record the vessel identity, date, location fished, trawl width, Marine Fish-Shellfish Management and Catch Reporting Area, depth fished, latitude and longitude to the nearest tenth of a minute or to the nearest second at the beginning and end of each tow, tow speed, duration of tow and estimated weight of shrimp of each species caught for each tow before leaving the site where the catch was taken or before commencing a new tow, whichever occurs first.

     It shall be unlawful to fail to permanently record this information into the department-supplied harvest log before leaving each catch site.      Harvest logs must be maintained and submitted in ascending consecutive order of harvest log serial numbers.      Harvest logs must be submitted for each month in which fishing activity occurs and must be received by the department within ten days following any month in which fishing occurs.      The fish receiving ticket serial number must be recorded onto the harvest log at the time of sale, or before leaving the last catch site of the day if the vessel operator holds a wholesale dealer license and is the original receiver of the catch.

     (3) Vessel operators engaged in commercial harvest of sea urchins or sea cucumbers must record the vessel identity, date, location fished, depth fished, latitude and longitude to the nearest tenth of a minute or to the nearest second, and the approximate number of sea urchins or sea cucumbers taken before leaving the site where taken and the exact weight must be recorded upon landing or sale.

     (4) Vessel operators engaged in commercial harvest of clams with mechanical digging devices must record the vessel identity, location, and date of harvest before the end of each day's fishing and the weights by clam species must be recorded upon landing or sale.

     (5) Vessel operators engaged in commercial harvest of scallops must record the vessel identity, date, location, and duration of harvest and estimated weight of scallops caught for each tow or dive hour before leaving the catch area where taken.

     (6) Vessel operators engaged in commercial harvest of squid, except when taken incidental to any other lawful fishery, must record before leaving the Marine Fish-Shellfish Management and Catch Reporting Area where taken, the vessel department of fish and wildlife boat registration number, gear type, catch area, starting and ending time of fishing, and numbers of other species caught and returned.      Weights of squid must be recorded on landing or sale.

     (7) ((Vessel operators engaged in commercial harvest of octopus, except when taken incidental to any other lawful fishery, must record before leaving the Marine Fish-Shellfish Management and Catch Reporting Area where taken, the vessel department of fish and wildlife boat registration number, gear type and amount, catch area and hours fished.      Weights of octopus must be recorded on landing or sale.

     (8))) Vessel operators engaged in commercial harvest of sand shrimp, except when taken incidental to any other lawful fishery, must record the location or identification number of the harvest tract, date of harvest, number of trenches pumped, average length and width of trenches (yards), total number of sand shrimp retained (dozens), total number of sand shrimp sold (dozens), and the name of the sand shrimp buyer.

     (((9))) (8) Vessel operators engaged in commercial harvest of shrimp (other than sand shrimp) using shellfish pot gear in Puget Sound must record the vessel's Washington department of fish and wildlife boat registration number, number of pots pulled, soak time, gear location (including latitude and longitude to the nearest tenth of a minute), and weight(s) of catch before leaving the site where catch is taken.      A separate weight for each species caught and retained must be recorded.      When single pots are fished an entry is required for each pot site.      When two or more pots are fished on a common ground line the catch site must be recorded at the location of the last pot on the ground line that is pulled.      It shall be unlawful to fail to permanently record this information into the department-supplied harvest log before leaving each catch site.      Harvest logs must be maintained and submitted in ascending consecutive order of harvest log serial numbers.      Harvest logs must be submitted for each month in which fishing activity occurs and must be received by the department within ten days following any month in which fishing occurs.      The fish receiving ticket serial number must be recorded onto the harvest log at the time of sale, or before leaving the last catch site of the day if the vessel operator holds a wholesale dealer license and is the original receiver of the catch.      Vessel operators engaged in commercial harvest of shrimp from Puget Sound with shellfish pot gear must report their daily catch by telephone before leaving the last catch site fished each day.      For harvest in Crustacean Management Regions 1A, 1B, 1C, or 2, reports must be made to the voice recorder at the La Conner district office.      For harvest in Crustacean Management Regions 3, 4, or 6, reports must be made to the voice recorder at the Point Whitney shellfish laboratory.      All reports must specify the fisher's name, estimated total number of pounds of each shrimp species in possession, number of pots fished, number of pot pulls (pots multiplied by pulls), the Marine Fish-Shellfish Management and Catch Reporting Area where shrimp were harvested, and the port or name of vessel where the catch will be landed or sold.      The fish receiving ticket reporting requirements of WAC 220-69-240 remain in effect.

[Statutory Authority: RCW 75.08.080.      00-05-054 (Order 00-17), § 220-52-075, filed 2/14/00, effective 3/16/00; 97-08-052 (Order 97-55), § 220-52-075, filed 3/31/97, effective 5/1/97; 94-12-009 (Order 94-23), § 220-52-075, filed 5/19/94, effective 6/19/94; 93-15-051, § 220-52-075, filed 7/14/93, effective 8/14/93; 91-10-024 (Order 91-22), § 220-52-075, filed 4/23/91, effective 5/24/91; 87-15-022 (Order 87-69), § 220-52-075, filed 7/8/87; 87-02-013 (Order 86-199), § 220-52-075, filed 12/30/86; 84-08-014 (Order 84-24), § 220-52-075, filed 3/27/84; 83-09-014 (Order 83-24), § 220-52-075, filed 4/12/83; 82-03-045 (Order 82-6), § 220-52-075, filed 1/19/82; 81-11-006 (Order 81-31), § 220-52-075, filed 5/11/81; 80-13-064 (Order 80-123), § 220-52-075, filed 9/17/80; 79-12-039 (Order 79-129), § 220-52-075, filed 11/20/79; 79-02-053 (Order 79-6), § 220-52-075, filed 1/30/79.]

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