WSR 01-20-117

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 23, 2001, 4:35 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-16-104.

Title of Rule: Commercial fishing rules.

Purpose: Require permit for commercial carp fishing.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Provides that any person fishing for carp for commercial purposes first acquires a permit.

Reasons Supporting Proposal: Protection of nontargeted species.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

Name of Proponent: Department of Fish and Wildlife.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Extends current commercial carp permit required for lower Columbia to statewide requirement. Restrictions on time and gear will allow for a directed carp harvest and reduce the by-catch of salmonid species.

Proposal Changes the Following Existing Rules: Expands permit requirement.

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

Small Business Economic Impact Statement

1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: The proposed rule requires application for a commercial carp permit. There is no cost for the permit.

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: The cost of completing and mailing an application for a commercial carp permit.

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.

Cost of completing an application - 15 minutes at $30/hour = $7.50 plus mailing at $0.35. Total cost $7.85.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: The department will provide the application form in an easy-to-prepare format.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: This rule represents the status quo. Although the current permit requirement is only for the lower Columbia River, commercial carp fishers from other parts of the state have been applying for and receiving commercial carp permits. This puts into rule what carp fishers are currently doing, and, as such, the development of the carp permit program has been with the voluntary agreement of the industry.

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

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) 902-2155.

RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Best Inn and Suites, 221 N.E. Chkalov, Vancouver, WA, on December 7-8, 2001, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by November 21, 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) 902-2155, by December 6, 2001.

Date of Intended Adoption: December 7, 2001.

October 23, 2001

Evan Jacoby

Rules Coordinator

OTS-5170.1


AMENDATORY SECTION(Amending Order 00-149, filed 8/16/00, effective 9/16/00)

WAC 220-20-020   General provisions -- Lawful and unlawful acts -- Food fish other than salmon.   (1) It is unlawful to fish for or possess for commercial purposes any round, undressed white sturgeon less than 48 inches or greater than 60 inches in length or any round, undressed green sturgeon less than 48 inches or greater than 66 inches in length.

(2) It is unlawful to fish for or possess for commercial purposes or possess aboard a commercial fishing vessel for any purpose any species of halibut (Hippoglossus) unless permitted by the current regulations of the International Pacific Halibut Commission.

(3) It is unlawful to fish for or possess for commercial purposes sturgeon taken from any of the waters of Puget Sound or tributaries, and any sturgeon taken with any type of commercial gear incidental to a lawful fishery shall immediately be returned to the water unharmed.

(4) It is unlawful to fish for food fish for commercial purposes in the waters of Shilshole Bay inland and inside a line projected in a southwesterly direction from Meadow Point to West Point.

(5) It is unlawful to fish for or possess for commercial purposes any starry flounder less than 14 inches in length taken by any commercial gear, in all Puget Sound Marine Fish-Shellfish Areas.

(6) It shall be unlawful to harvest herring eggs naturally deposited on marine vegetation or other substrate, unless a person has a permit issued by the director.

(7) It is unlawful to fish for or possess food fish other than salmon taken for commercial purposes from the San Juan Islands Marine Preserve, except that it is lawful to take herring.

(8) It is unlawful to fish for or possess food fish other than salmon taken from the Titlow Beach Marine Preserve, the Sund Rock Marine Preserve or the Colvos Passage Marine Preserve.

(9) It is unlawful to fish for or possess carp taken for commercial purposes except as authorized by written permit from the director, except that carp taken incidental to a commercial fishery for other species may be retained for commercial purposes. Failure to comply with the provisions of the carp permit constitute unlawful use of the carp commercial fishery license.

[Statutory Authority: RCW 77.12.047. 00-17-106 (Order 00-149), 220-20-020, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 75.08.080. 00-01-103 (Order 99-215), 220-20-020, filed 12/16/99, effective 1/16/00; 98-15-031 (Order 98-120), 220-20-020, filed 7/7/98, effective 8/7/98; 97-07-043 (Order 97-51), 220-20-020, filed 3/14/97, effective 4/14/97; 95-23-020 (Order 95-166), 220-20-020, filed 11/8/95, effective 12/9/95; 93-14-042 (Order 93-54), 220-20-020, filed 6/29/93, effective 7/30/93. Statutory Authority: RCW 75.08.080 and 75.28.245. 90-07-003 (Order 90-17), 220-20-020, filed 3/8/90, effective 4/8/90. Statutory Authority: RCW 75.08.080. 90-06-045 (Order 90-15), 220-20-020, filed 3/1/90, effective 4/1/90; 80-09-072 (Order 80-69), 220-20-020, filed 7/18/80; 79-03-014 (Order 79-11), 220-20-020, filed 2/15/79; Order 77-147, 220-20-020, filed 12/16/77; Order 77-14, 220-20-020, filed 4/15/77; Order 76-148, 220-20-020, filed 12/2/76; Order 76-26, 220-20-020, filed 4/20/76; Order 1193-A, 220-20-020, filed 3/5/75; Order 1193, 220-20-020, filed 3/4/75; Order 1143, 220-20-020, filed 8/8/74; Order 1105, 220-20-020, filed 12/28/73; Order 1057, 220-20-020, filed 5/22/73; Order 1045, 220-20-020, filed 3/8/73; Order 988, 220-20-020, filed 4/28/72; Order 920, 220-20-020, filed 5/13/71; Order 862, 220-20-020, filed 4/16/70; Order 817, 220-20-020, filed 5/29/69; Order 810, 220-20-020, filed 4/17/69.]

OTS-5171.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-33-050 Carp.

Washington State Code Reviser's Office