PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-07-067.
Title of Rule: Commercial fishing rules.
Purpose: Prohibit landing thresher shark.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Summary: Prohibits landing thresher shark taken in coastal or offshore waters into a Washington port.
Reasons Supporting Proposal: Protection of thresher shark stocks.
Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Phil Anderson, 1111 Washington Street, Olympia, 902-2720; 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: Thresher shark are taken incidental to the swordfish fishery, but few swordfish are encountered off Washington or northern Oregon. Oregon has set a 10:1 ratio of swordfish to thresher shark in the Oregon experimental swordfish fishery, and does not allow landings in excess of that ratio. Fishers who target thresher shark, however, can land into Washington, which has neither a landing ratio nor restrictions on the shark fishery. Thus, the Oregon permit fishery has resulted in a directed thresher shark fishery, during a time that thresher shark stocks are rebuilding. It is expected that thresher shark fishing will be regulated by the Pacific Fisheries Management Council, but this is not anticipated until at least the winter of 2001. The current emergency rule prohibiting landing of thresher shark will expire. Thresher shark need protection and this rule will provide such protection until federal management plans take effect.
Proposal Changes the Following Existing Rules: New section.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
2. Profession[al] Services Required by the Rule: None.
3. Costs of Compliance, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: There is no cost of compliance.
4. Will Compliance Cost Businesses to Lose Sales or Revenue? This rule may result in a loss of sales revenue of persons who are in violation of the Oregon experimental swordfish-thresher shark fishery ratio, and make a landing into Washington that would be illegal into Oregon. The loss would be the amount of overage they could not land into Oregon, which cannot be estimated.
5. Comparison of Costs for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rule:
No additional costs.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses: There are no costs.
7. Description of How the Agency Will Involve Small Businesses in Rule Development: All of the participants in the Oregon swordfish fishery are Oregon licensees. The department has not been involved in the development of the Oregon experimental fishery.
8. List of Industries Required to Comply with the Rule: Coastal fishers who may not land thresher shark.
A copy of the statement may be obtained by writing to Evan Jacoby, 600 Capitol Way, 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: Methow Valley Community Center, 231 Methow Valley Road, Twisp, on August 3-4, 2001, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by July 27, 2001, TDD (360) 902-2207, or (360) 902-2226.
Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98504-1091 [98501-1091], fax (360) 902-2155, by August 2, 2001.
Date of Intended Adoption: August 3, 2001.
June 19, 2001
Evan Jacoby
Rules Coordinator
[]