Original Notice.

Preproposal statement of inquiry was filed as WSR 01-01-110.

Title of Rule: Modification of rule language governing bottom fish trawl seasons in the southern Strait of Georgia.

Purpose: Clarify the language intent regarding why and when the seasons will be closed.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Housekeeping change to clarify language intent - no substantive change to current rule.

Reasons Supporting Proposal: Language rationale for season closure is vague and likely unenforceable.

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: Rule will be a housekeeping change to clarify existing rule intent, provide rationale for the seasonal closure and provide for regulatory enforcement.

Proposal Changes the Following Existing Rules: [See Small Business Economic Impact Statement below.]

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 costs will occur.

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

a. Cost per employee;

b. Cost per hour of labor; or

c. Cost per one hundred dollars of sales. There are no costs for compliance.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: There are no costs to the industry associated with this rule.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The department will hold a workshop with the affected industry and the Fish and Wildlife Commission will hold a public hearing on the rule proposal.

8. A List of Industries That Will Be Required to Comply with the Rule: Puget Sound food fish trawlers.

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: Ramada Inn, 8909 Airport Road, Spokane, WA, on April 6 and 7, 2001, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by March 14, 2001, 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 April 4, 2001.

Date of Intended Adoption: April 6, 2001.

February 14, 2001

Evan Jacoby

Rules Coordinator

OTS-4676.1

AMENDATORY SECTION(Amending Order 00-266, filed 12/29/00, effective 1/29/01)

WAC 220-48-015   Beam trawl and bottom trawl -- Seasons.   (1) It is lawful to fish for and possess bottomfish taken with bottom trawl and beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 22A, 22B, 23A, 23B, 23C, 25A, and 25B the entire year with the following exceptions:

(a) Those waters of Area 20A east of a line projected from Point Whitehorn to Sandy Point are closed the entire year.

(b) Those waters of Area 20A within an area bounded by lines from Lilly Point to Birch Point and from the southwest corner of Point Roberts to Point Whitehorn to where these two lines are intersected by a line south from Kwomais Point in British Columbia and a line from Lilly Point to the north Alden Bank buoy are closed April 15 through May 31.

(c) Those waters of Area 20A within an area bounded by lines from Lilly Point to Birch Point and Lilly Point to the north Alden Bank buoy to where those lines are intersected by a line projected approximately 230 degrees south from Birch Point to Alden Point on Patos Island are closed June 1 through June 30.

(d) Areas 20A, 20B, 21A, 22A and 22B are closed to all trawl fishing in waters less than 30 feet deep.

(e) Areas 20A, 20B, 21A, 22A and 22B are closed in waters deeper than 40 fathoms from ((such time as)) 12:01 a.m. September 15 through December 31 except if the Pacific cod quota for these waters has not been ((obtained)) taken by September 15, these waters may be opened by emergency rule for the taking of the Pacific cod quota.

(f) Area 23C is closed to otter trawl fishing the entire year in waters shallower than 50 fathoms and is closed to beam trawl fishing in waters less than 60 feet deep.

(g) Area 23C is closed to otter trawl Wednesday, Saturday and Sunday, January 1 through August 31, and closed to all otter trawl September 1 through December 31.

(2) It is lawful to fish for and possess bottomfish taken with beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 25A and 25B the entire year with the following exceptions:

(a) All of Area 25A is closed February 1 through April 15 of each year.

(b) Those waters of Area 25A lying southerly and westerly of a line projected from Kiapot Point to Gibson Spit (Sequim Bay) are closed the entire year.

(c) Areas 23A, 25A and 25B are closed to beam trawl fishing in waters less than 60 feet deep.

(3) It is unlawful to fish for or possess bottomfish taken with otter trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 25A and 25B the entire year.

(4) It is unlawful to take, fish for or possess bottomfish taken with bottom trawl or beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 21B, 23D, 24A, 24B, 24C, 24D, 25C, 25D, 25E, 26A, 26B, 26C, 26D, 27A, 27B, 27C, 28A, 28B, 28C, 28D, and 29 the entire year.

(5) It is unlawful to take more than 500 pounds of rockfish with beam trawl and bottom trawl gear during any vessel trip in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.

[Statutory Authority: RCW 77.12.047. 01-02-060 (Order 00-266), 220-48-015, filed 12/29/00, effective 1/29/01. Statutory Authority: RCW 75.08.080. 98-05-043, 220-48-015, filed 2/11/98, effective 3/14/98; 97-07-053 (Order 97-52), 220-48-015, filed 3/17/97, effective 4/17/97; 94-19-001 (Order 94-96), 220-48-015, filed 9/7/94, effective 10/8/94; 94-12-009 (Order 94-23), 220-48-015, filed 5/19/94, effective 6/19/94; 91-13-051 (Order 91-39), 220-48-015, filed 6/14/91, effective 7/15/91; 89-14-010 (Order 89-48), 220-48-015, filed 6/22/89; 87-04-003 (Order 87-03), 220-48-015, filed 1/22/87; 85-08-023 (Order 85-24), 220-48-015, filed 4/1/85; 84-08-014 (Order 84-24), 220-48-015, filed 3/27/84; 83-24-024 (Order 83-200), 220-48-015, filed 11/30/83, effective 1/1/84; 83-04-025 (Order 83-04), 220-48-015, filed 1/27/83; 82-24-080 (Order 82-215), 220-48-015, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), 220-48-015, filed 7/1/82.]

Washington State Code Reviser's Office