Original Notice.

Preproposal statement of inquiry was filed as WSR 00-18-100.

Title of Rule: Commercial fishing rules.

Purpose: Commercial salmon sale, reporting and gear rules.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Provide better accountability in Puget Sound commercial salmon fishery; allow variable gear.

Reasons Supporting Proposal: Catch data on salmon is untimely for management; provide flexibility.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2651; Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2927.

Name of Proponent: Washington State 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: A better accounting of salmon will occur if all salmon are sold to wholesale dealers and reported on fish tickets. Chum salmon egg sales have caused problems in fish management as the number of fish caught is not represented when egg-only sales occur. The discard of male chum salmon is not accounted for on fish tickets, making it difficult to assess the actual catch. Some Puget Sound salmon fisheries are of such limited duration that relying on receipt of fish receiving tickets by surface mail will not allow timely fish management. A quick reporting system will increase management confidentiality in catch per unit effort and remaining available harvestable surplus. The bunt length in Puget Sound purse seines is a maximum length, not an absolute. Fishers should have the opportunity to modify gear to a lesser bunt size if that makes the gear easier to operate.

Proposal Changes the Following Existing Rules: Requires sale of salmon, disallows discard of chum salmon, requires chum salmon egg sales to have carcasses accompany eggs, provides quick reporting method for purchase of Puget Sound salmon, relaxes purse seine bunt requirements.

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

Take Home of Commercial-Caught Salmon: All fish must be accounted for on fish receiving tickets. Any salmon possessed after sale must be purchased from a licensed wholesale dealer or buyer, and a receipt must accompany any such possessed fish.

Selling Eggs From Commercial-Caught Salmon: Rule requires accurate accounting of chum salmon when buying or selling eggs. Fish receiving tickets are already used for all salmon transactions and will need to be used to list the number of salmon landed with the eggs.

Quick Reporting of Dealer Purchases: Wholesale fish dealers would be required to summarize fish receiving tickets by gear, area and date and provide that information to WDFW by a specified hour (10:00 a.m. in most cases, but as late as noon in other cases) of the day following the transaction.

Puget Sound Purse Seine Bunt Dimensions: None.

2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements:

Take Home of Commercial-Caught Salmon: None.

Selling of Eggs From Commercial-Caught Salmon: None.

Quick Reporting of Dealer Purchases: None.

Puget Sound Purse Seine Bunt Dimensions: None.

3. Costs of Compliance for Business, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs:

Take Home of Commercial-Caught Salmon: None.

Selling Eggs From Commercial-Caught Salmon: Potential storage and refrigeration costs associated with the additional volume of salmon meat.

Quick Reporting of Dealer Purchases: Additional time spent summarizing catch and recording on an agency provided form. Additional time spent calling, faxing or e-mailing results to the agency. Over the duration of the fishing season, cost is not expected to exceed $60.00 of staff time. A phone line would be required, but is assumed to be a standard piece of business equipment, already possessed by the businesses.

Puget Sound Purse Seine Bunt Dimensions: No cost.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue?

Take Home of Commercial-Caught Salmon: No.

Selling Eggs From Commercial-Caught Salmon: Maybe. The sale of eggs will still be allowed but buyers must dispose of the flesh in a legal manner. Most years the entire chum salmon has a value. Late in the season and when the market is saturated, price on the flesh may drop to less than the cost of long-term storage and handling.

Quick Reporting of Dealer Purchases: No.

Puget Sound Purse Seine Bunt Dimensions: No.

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:

Take Home of Commercial-Caught Salmon:

a. Cost per employee: None.

b. Cost per hour of labor: None.

c. Cost per one hundred dollars of sales: None.

Selling Eggs From Commercial-Caught Salmon:

a. Cost per employee: N/A.

b. Cost per hour of labor: N/A.

c. Cost per one hundred dollars of sales: Unknown and variable with market conditions. In some years this rule may benefit the industry by providing additional income from the fish. In other years the cost of marketing the fish may exceed the value of the carcass.

Quick Reporting of Dealer Purchases:

a. Cost per employee: Uncertain.

b. Cost per hour of labor: Uncertain.

c. Cost per one hundred dollars of sales: Uncertain. Requirement for quick reporting would be limited. For example, in the Puget Sound region it is anticipated to be in effect no more than twelve days during the course of the annual fishing season. In many cases, the largest businesses are already providing the required data voluntarily. Since one of the contact methods allowed is a toll-free number, there would be no telephone related cost to the wholesale dealer. Dealers who choose to use either fax or e-mail would incur those charges associated with maintaining equipment plus long distance charges, if any.

Dealers with tenders that stay out for extended periods of time would need to maintain contact either by cell phone, radio or other means. As most wholesale dealers are already set up to talk with their tenders, the rule should not cause additional costs.

Preparation of data summaries are not expected to take more than twenty - thirty minutes of time, if organized properly. Over the twelve days when the rule is in effect, it should amount to no more than a total of four - six hours of time. For an employee being paid at a rate of $10.00 per hour, this cost over the duration of the season would be no more than $60.00.

Puget Sound Purse Seine Bunt Dimensions:

a. Cost per employee: None.

b. Cost per hour of labor: None.

c. Cost per one hundred dollars of sales: None.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So:

Take Home of Commercial-Caught Salmon: No steps necessary. No cost to industry.

Selling Eggs From Commercial-Caught Salmon: The rule still allows eggs to be removed from the fish and weighed/sold separately. The buyer, once the salmon have been counted and listed on the fish receiving ticket, may market the fish or give the fisher back the fish at cost.

Quick Reporting of Dealer Purchases: A toll-free number has been proposed as one of three acceptable methods of contacting the agency. This shifts the burden of long-distance telephone charges to the agency. The rule only applies to fisheries that are likely to need special in-season management considerations. Most fisheries will not require next day reporting. Also, the agency will make work sheets available for distribution that contain the desired format of the data summary.

Puget Sound Purse Seine Bunt Dimensions: No steps necessary. No cost to industry.

7. A Description of How the Agency Will Involve Small Businesses in the Development of all four of These Rules: The draft rules were developed after three public hearings around the region. Letters were sent to all license holders in the commercial industry and follow-up phone calls were made to key industry members. Once drafted, the rules will go through the standard public process set up for promulgating and revising Washington Administrative Code.

8. A List of Industries That Will Be Required to Comply with the Rule:

Take Home of Commercial-Caught Salmon: All nontreaty commercial salmon fishers licensed to fish Puget Sound waters.

Selling Eggs From Commercial-Caught Salmon: All nontreaty commercial salmon license holders who fish chum salmon in Washington state waters. All wholesale fish dealers, acting in the capacity of an original receiver, buying chum salmon eggs.

Quick Reporting of Dealer Purchases: All wholesale dealers licensed to buy fish in Washington state.

Puget Sound Purse Seine Bunt Dimensions: All nontreaty Puget Sound purse seine salmon fishers.

A copy of the statement may be obtained by writing to Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98504-1091, phone (360) 902-2930, fax (360) 902-2942.

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

Hearing Location: Best Western Hotel, 15901 West Valley Road, Tukwila, WA, on February 9-10, 2001, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by January 23, 2001, TDD (360) 902-2207, or (360) 902-2226.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501, fax (360) 902-2942, by February 8, 2001.

Date of Intended Adoption: February 9, 2001.

January 3, 2001

Evan Jacoby

Rules Coordinator

OTS-4592.2

AMENDATORY SECTION(Amending Order 99-202, filed 11/19/99, effective 12/20/99)

WAC 220-20-016   Sale and purchase of commercial caught salmon.   (1) It is unlawful for any person licensed to take salmon for commercial purposes as required under chapter ((75.28)) 77.65 RCW to:

(((1) Retain for personal use more than the equivalent of one daily sport bag limit for the area being fished. All salmon taken under commercial license must be recorded on state of Washington fish receiving tickets. The daily limit and possession limit described in this subsection also apply to crew members of the licensed fishing vessel.

(2))) (a) Fail to sell all salmon taken under such license.

(b) Sell any salmon he takes under such license to anyone other than a licensed wholesale dealer located within or outside the state of Washington: Provided, That a person who is himself licensed as a wholesale dealer under the provisions of RCW ((75.28.300)) 77.65.280 may sell his catch to individuals or corporations other than licensed wholesale dealers.

(c) Sell, barter or attempt to sell or barter chum salmon eggs that have been removed from the body cavity of chum salmon unless all carcasses from which eggs have been removed are sold to the same buyer.

(d) Discard chum salmon.

(2) It is unlawful for any person licensed as a wholesale dealer as required under RCW 77.65.280 and acting in the capacity as an original receiver to purchase or attempt to purchase chum salmon eggs without also purchasing all male and female chum salmon taken by the fisher, including the salmon carcasses from which the eggs were removed.

[Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-20-016, filed 11/19/99, effective 12/20/99; 85-11-020 (Order 85-43), 220-20-016, filed 5/10/85; 80-01-021 (Order 79-137), 220-20-016, filed 12/14/79.]

OTS-4591.1

AMENDATORY SECTION(Amending Order 97-124, filed 7/29/97, effective 8/29/97)

WAC 220-47-301   Puget Sound -- Lawful gear -- Purse seine.   (1) Lawful purse seine salmon nets in Puget Sound shall not exceed 1,800 feet in length along the cork line while wet and purse seine and lead combined shall not exceed 2,200 feet. Neither shall contain meshes of a size less than 4 inches, nor shall the meshes of the seine and lead be lashed together to form one continuous piece of webbed gear. It shall be lawful as part of the purse seine to have a bunt not more than 10 fathoms long ((and 200 meshes deep)) which may contain mesh of a size not less than 3-1/2 inches.

(2) It shall be unlawful to take or fish for salmon with purse seine gear in Puget Sound which contains mesh webbing constructed of a twine size smaller than 210/30d nylon, 12 thread cotton or the equivalent diameter in any other material.

(3) It shall be unlawful for any purse seine vessel to carry an extra lead or portion thereof unless stowed below decks during the fishing operation, nor may an extra lead or portion thereof be carried aboard its skiff.

(4) Purse seine mesh size shall be defined as the distance between the inside of one knot to the outside of the opposite vertical knot of one mesh. Minimum mesh size is met if a wedge of legal size can be passed without undue force through the mesh while wet.

(5) A purse seine will not be considered to be fishing once both ends of the seine are attached to the primary vessel.

(6) It shall be unlawful to take or fish for salmon with purse seine gear in Puget Sound unless at least four sections, each measuring no less than 12 inches in length, along the corkline in the bunt and within 75 fathoms of the bunt have no corks or floats attached. These four sections must be spaced such that one section is along the corkline in the bunt, within 5 fathoms of the seine net, and the other three sections must be spaced at least 20 fathoms apart along the corkline within 75 fathoms of the bunt.

[Statutory Authority: RCW 75.08.080. 97-16-030 (Order 97-124), 220-47-301, filed 7/29/97, effective 8/29/97; 87-15-059 (Order 87-72), 220-47-301, filed 7/14/87; 86-13-038 (Order 86-46), 220-47-301, filed 6/12/86; Order 988, 220-47-301, filed 4/28/72.]

OTS-4593.2

AMENDATORY SECTION(Amending Order 99-221, filed 12/20/99, effective 1/20/00)

WAC 220-69-240   Duties of commercial purchasers and receivers.   (1) Every person originally receiving or purchasing fresh or iced food fish or shellfish or parts thereof, or frozen food fish or shellfish or parts thereof that have not been previously landed in another state, territory, or country from fishermen, firms, or individuals, regardless of whether or not the receiver or purchaser holds a license as required under Title ((75)) 77 RCW, must immediately, completely, accurately, and legibly prepare the appropriate state of Washington fish receiving ticket regarding each and every purchase or receipt of such commodities. Any employee of a licensed wholesale dealer who has authorization to receive or purchase fish or shellfish for that dealer on the premises of the primary business address or any of its branch plant locations shall be authorized to initiate and sign fish receiving tickets on behalf of his employer. The business or firm shall be responsible for the accuracy and legibility of all such documents initiated in its name. Each delivery must be recorded on a separate state of Washington fish receiving ticket.

(2) State of Washington fish receiving tickets are required for:

(a) Fresh food fish and shellfish landed in the state of Washington including fish or shellfish not purchased, which fish shall be recorded as weigh back or take home fish or shellfish.

(b) Fresh food fish and shellfish previously landed in another state, territory, or country and shipped or transported into the state of Washington to an original receiver.

(c) Frozen food fish or shellfish not previously landed in another state, territory, or country and shipped or transported into the state of Washington to an original receiver.

(3) State of Washington fish receiving tickets are not required for:

(a) Purchases or receipts made by individuals or consumers at retail.

(b) Purchases or receipts from any person possessing a valid Washington wholesale dealer's license except that a wholesale dealer purchasing fish from a commercial fisherman or shellfish gatherer shall complete the appropriate fish receiving ticket regardless of whether the commercial fisherman or shellfish gatherer possesses a wholesale dealer's license. It is the purchaser's responsibility to obtain the name, address, and Washington wholesale dealer's license number, together with such sales receipt documents or information as may be required, to show the deliverer's name, quantity of fish, and date of the transaction and retain these with the food fish or shellfish.

(c) Fresh or frozen food fish or shellfish that are in transit through the state of Washington, if no storage, handling, processing, or repackaging occurs within the state.

(d) Private sector cultured aquatic products.

(4) Fishermen, fishermen-wholesalers, and wholesalers shall determine the weight of baitfish contained in an average and normal brail and multiply the number of such brailers of baitfish by this weight factor and report such baitfish in both dozens and total weight: Provided, That it is lawful for such fishermen, fishermen-wholesalers, and wholesalers, when receiving herring, candlefish, anchovy, or pilchards for bait purposes, to delay completing that portion of the fish receiving ticket which indicates number of herring received, only if the herring, candlefish, anchovy, or pilchards are sold individually or counted as dozens. Such counts must be entered on the fish tickets immediately. An estimate of herring, candlefish, anchovy, or pilchards caught but not sold due to mortality must be included on the fish ticket as "loss estimate."

(5) It is lawful for an original receiver, when receiving purse seine-caught herring taken from Areas 20A, 20B, 21A, and 21B during the period April 16 through May 31, to delay completing that portion of the fish receiving ticket which indicates the weight of herring received only until the herring are off-loaded from the original receiver's vessel. The herring must then be weighed and the weight immediately entered in the appropriate space on the ticket. A separate state of Washington fish receiving ticket must be initiated at the time of each individual receipt of herring from the purse seine catching vessel.

(6) The original receiver of herring taken from Puget Sound Marine Fish-Shellfish Catch Areas 20A, 20B, 21A, and 21B, during the period April 16 through May 31 must report each calendar day's receipts by noon of the following day to the Department of Fish and Wildlife, LaConner, Washington; telephone (360) 466-4345 ext. 243.

(7) It is unlawful for any person receiving or purchasing geoducks from fishermen, firms, or individuals, regardless of whether or not the purchaser or receiver holds a license as required under Title 75 RCW, to fail to accurately and legibly complete the fish receiving ticket initiated on the harvest tract immediately upon the actual landing of geoducks from the harvesting vessel onto the shore. This fish receiving ticket shall accompany the harvested geoducks from the department of natural resources harvest tract to the point of landing.

(8) It is unlawful for the original receiver of Pacific whiting to fail to enter an estimated weight of Pacific whiting on the fish receiving ticket immediately upon completion of the landing. The exact weights of whiting, by grade, and all incidental species in the landing must be entered on the fish receiving ticket within twenty-four hours of the landing.

(9) It is unlawful for the original receiver of shrimp other than ghost shrimp taken from Puget Sound to fail to report to the department the previous day's purchases by 10:00 a.m. the following morning. Such report must be by telephone call to the Point Whitney Shellfish Laboratory or by facsimile transmission (FAX) to the Point Whitney Shellfish Laboratory. All reports must specify the total number of pounds caught by gear type, Marine Fish-Shellfish Management and Catch Reporting Area, and species. The fish receiving ticket reporting requirement of WAC 220-69-240 remains in effect.

(10) It is unlawful for the original receiver to fail to initiate the completion of the fish receiving ticket immediately upon receipt of any portion of a commercial catch. Should the unloading of a catch take more than one day, the date that the unloading is completed shall be entered on the fish receiving ticket as the date of landing. If, for any purpose, the vessel leaves the unloading site, the original receiver must immediately enter the current date on the fish receiving ticket.

(11) During any fishery opening designated by rule as "quick reporting required," it is unlawful for any wholesale dealer acting in the capacity of an original receiver to fail to report a summary of all purchases of salmon and sturgeon made on the previous calendar day. The summary must include dealer name and purchasing location, date of purchase, list of fish ticket numbers used on the purchasing date, and the following summary catch data for each species purchased: Gear, catch area, species, number and total weight of fish. When quick reporting is required, it is unlawful to fail to comply with the following reporting requirements:

(a) Puget Sound summary reports must be reported by 10:00 a.m. on the day after the purchase date by either:

(i) FAX transmission to (360) 902-2949

(ii) E-mail to psfishtickets@dfw.wa.gov or

(iii) Telephone to 1-800-902-9999

(b) Coastal troll summary reports must be reported by 10:00 a.m. on the day after the purchase date by either:

(i) FAX transmission to (360) 902-2949

(ii) E-mail to trollfishtickets@dfw.wa.gov or

(iii) Telephone to 1-800-902-9999

(c) Grays Harbor and Willapa Bay summary reports must be reported by 10:00 a.m. on the day after the purchase date by either:

(i) FAX transmission to (360) 664-0689

(ii) E-mail to harborfishtickets@dfw.wa.gov or

(iii) Telephone to (360) 249-4628 Ext. 270

(d) Columbia River summary reports must be reported by 12:00 noon on the day after the purchase date by either:

(i) FAX transmission to (360) 906-6776 or (360) 906-6777

(ii) E-mail to harlash@dfw.wa.gov or

(iii) Telephone to 1-800-906-9999.

(12) It is unlawful for any wholesale dealer acting in the capacity of an original receiver and receiving sea urchins or sea cucumbers from nontreaty fishers to fail to report to the department each day's purchases by 10:00 a.m. the following day. For red sea urchins the report must specify the number of pounds received from each sea urchin district. For green sea urchins and sea cucumbers the report must specify the number of pounds received from each Marine Fish-Shellfish Management and Catch Reporting Area. The report must be made by facsimile (FAX) transmission to (360) 586-8408 or by telephone to (360) 796-4601, extension 500. Additionally, it is unlawful for the original receiver of red sea urchins to fail to record on the fish receiving ticket the sea urchin district where the red sea urchins were taken, and it is unlawful for the original receiver of any sea urchins to fail to record on the fish receiving ticket the name of the port of landing where the sea urchins were landed ashore.

[Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), 220-69-240, filed 12/20/99, effective 1/20/00; 97-08-052 (Order 97-55), 220-69-240, filed 3/31/97, effective 5/1/97. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), 220-69-240, filed 9/12/86. Statutory Authority: RCW 75.08.080. 85-11-020 (Order 85-43), 220-69-240, filed 5/10/85; 83-24-049 (Order 83-203), 220-69-240, filed 12/2/83; 82-17-040 (Order 82-105), 220-69-240, filed 8/13/82; 81-11-006 (Order 81-31), 220-69-240, filed 5/11/81; Order 77-14, 220-69-240, filed 4/15/77; Order 76-153, 220-69-240, filed 12/17/76.]

Washington State Code Reviser's Office