Original Notice.

Preproposal statement of inquiry was filed as WSR 01-05-001.

Title of Rule: Commercial fishing rules.

Purpose: Amend coastal bottomfish rules.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Sets 2001 coastal bottomfish limits.

Reasons Supporting Proposal: Provides opportunity to harvest bottomfish.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2325; and 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: Coastal bottomfish limits are set upon recommendations of the Pacific Fisheries Management Council. These limits will allow harvest of available surplus.

Proposal Changes the Following Existing Rules: New limits.

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.

3. Costs of Compliance for Business, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: No new compliance requirements.

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: None.

a. Cost per employee.

b. Cost per hour of labor.

c. Cost per one hundred dollars of sales.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: None taken, none needed.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The draft rules were developed after public meetings through the Pacific Fisheries Management Council.

8. A List of Industries That Will Be Required to Comply with the Rule: Coastal bottomfish 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) 902-2155.

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

Hearing Location: Natural Resources Building, 1111 Washington Street, Room 175A, Olympia, WA, on June 5, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Jackie Hursey by June 1, 2001, TDD (360) 902-2207, or (360) 902-2861.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98504-1091, fax (360) 902-2155, by June 4, 2001.

Date of Intended Adoption: June 5, 2001.

May 2, 2001

Evan Jacoby

Rules Coordinator

OTS-4632.1

AMENDATORY SECTION(Amending Order 00-124, filed 7/24/00, effective 8/24/00)

WAC 220-44-050   Coastal bottomfish catch limits.   (1) It is unlawful to possess, transport through the waters of the state, or land in any Washington state port bottomfish taken from Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A, 59B, 60A, 61, 62, or 63 in excess of the amounts or less than the minimum sizes, or in violation of any gear handling or landing requirement, established by the Pacific Fisheries Management Council and published in the Federal Register, Volume ((65)) 66, No. ((2)) 8, ((beginning on page 221,)) published January ((4, 2000)) 11, 2001. Therefore, persons must consult the federal regulations, which incorporated by reference and made a part of chapter 220-44 WAC. Where rules refer to the fishery management area, that area is extended to include Washington state waters coterminous with the exclusive economic zone. A copy of the federal rules may be obtained by contacting Evan Jacoby at (360) 902-2930.

(2) At the time of landing of coastal bottomfish into Washington port, the fish buyer receiving the fish is required to clearly mark on the fish receiving ticket in the space reserved for dealer's use all legally defined trawl gear aboard the vessel at the time of delivery. The three trawl gear types are: Midwater trawl, roller trawl and small foot rope trawl (foot rope less than eight inches in diameter). The notation of the gear type(s) aboard the vessel is required prior to the signing of the fish receiving ticket by the vessel representative.

(3) Vessels engaged in chartered research for National Marine Fisheries Service (NMFS) may land and sell bottomfish caught during that research without the catch being counted toward any trip or cumulative limit for the participating vessel. Vessels that have been compensated for research work by NMFS with an exempted fishing permit (EFP) to land fish as payment for such research may land and sell fish authorized under the EFP without the catch being counted toward any trip or cumulative limit for the participating vessel. Any bottomfish landed during authorized NMFS research or under the authority of a compensating EFP for past chartered research work must be reported on a separate fish receiving ticket and not included on any fish receiving ticket reporting bottomfish landed as part of any trip or cumulative limit. Bottomfish landed under the authority of NMFS research work or an EFP compensating research with fish must be clearly marked "NMFS Compensation Trip" on the fish receiving ticket in the space reserved for dealer's use. The NMFS scientist in charge must sign the fish receiving ticket in the area reserved for dealer's use if any bottomfish are landed during authorized NMFS research. If the fish are landed under the authority of an EFP as payment for research work, the EFP number must be listed in the dealer's use space.

(4) It is unlawful for an original receiver to receive whiting and whiting by-catch under the authority of an exempted fishing permit (EFP) issued by the National Marine Fisheries Service through the department unless the original receiver has entered into a signed agreement with the department specifying the responsibilities of the original receiver in conjunction with the whiting EFP fishery. Failure to comply with the terms of the agreement shall be cause to remove the original receiver from the list of original receivers allowed to receive unsorted whiting catches from EFP vessels.

[Statutory Authority: RCW 77.12.047. 00-16-033 (Order 00-124), 220-44-050, filed 7/24/00, effective 8/24/00. Statutory Authority: RCW 75.08.080. 98-15-033 (Order 98-121), 220-44-050, filed 7/7/98, effective 8/7/98; 98-05-043, 220-44-050, filed 2/11/98, effective 3/14/98; 96-11-055 (Order 96-43), 220-44-050, filed 5/9/96, effective 6/9/96; 95-08-069 (Order 95-29), 220-44-050, filed 4/4/95, effective 5/5/95; 94-13-077 (Order 94-51), 220-44-050, filed 6/10/94, effective 7/11/94; 93-07-093 (Order 93-16), 220-44-050, filed 3/22/93, effective 4/22/93; 92-07-008 (Order 97-07), 220-44-050, filed 3/6/92, effective 4/16/92; 91-07-050 (Order 91-12), 220-44-050, filed 3/18/91, effective 4/18/91; 90-13-108 (Order 90-26), 220-44-050, filed 6/21/90, effective 7/22/90. Statutory Authority: RCW 75.08.070 and 75.08.080. 89-14-069 (Order 89-54), 220-44-050, filed 6/30/89; 89-06-030 (Order 89-07), 220-44-050, filed 2/24/89; 88-14-020 (Order 88-42), 220-44-050, filed 6/28/88. Statutory Authority: RCW 75.08.080. 87-07-042 (Order 87-17), 220-44-050, filed 3/16/87; 86-12-027 (Order 86-39), 220-44-050, filed 5/28/86. Statutory Authority: RCW 75.08.070 and 75.08.080. 85-07-022 (Order 85-17), 220-44-050, filed 3/13/85. Statutory Authority: RCW 75.08.080. 84-08-014 (Order 84-24), 220-44-050, filed 3/27/84; 83-17-030 (Order 83-88), 220-44-050, filed 8/10/83; 83-10-016 (Order 83-31), 220-44-050, filed 4/26/83.]

Washington State Code Reviser's Office