PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 02-08-079.
Title of Rule: Commercial license buy-back rules.
Purpose: Amend buy-back amount.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Summary: Increase maximum buy-back amount to $8,000.
Reasons Supporting Proposal: Increase participation.
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, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The sea cucumber and sea urchin fisheries are overcapitalized, and a reduction in the number of participants will provide economic stability. The department is proposing to increase the maximum amount payable to persons who wish to sell their licenses back, in order to increase participation.
Proposal Changes the Following Existing Rules: Increase maximum amount payable under buy-back programs.
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 - see #1.
3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: No compliance is required - optional for any qualified fisher.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No - if options are exercised the potential market share for remaining license holders will increase.
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.
No cost of compliance - compliance is not required. Those exercising the license buyback option may receive a return a market value return on their investment.
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 affected industry as a result of this proposal; however, there are opportunities for the affected industry to increase their share of the harvest.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The department has conferred with the affected industry and jointly supported the legislation that provides this license reduction option. The department will also provide industry, through the Fish and Wildlife Commission process, additional opportunity for further public input.
8. A List of Industries That Will Be Required to Comply with the Rule: The sea urchin and sea cucumber dive fisheries are the industries affected by this rule; however, there are no compliance requirements.
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: Pearsall Multi-Services Center, 2109 Sumner Avenue, Aberdeen, WA, on August 2-3, 2002, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by July 19, 2002, TDD (360) 902-2207, or (360) 902-2267.
Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by July 26, 2002.
Date of Intended Adoption: August 2, 2002.
June 17, 2002
Evan Jacoby
Rules Coordinator
OTS-5709.1
AMENDATORY SECTION(Amending Order 01-274, filed 12/14/01,
effective 1/14/02)
WAC 220-95-100
Sea urchin license reduction program.
In
order to provide for economic stability in the commercial sea
urchin fishery, and in accordance with RCW 77.70.150, the
department establishes the sea urchin license reduction program
(program).
(1) Eligibility: All persons who currently hold a sea urchin commercial fishery license are eligible to offer their license(s) for purchase under the program.
(2) Method of purchase: The department will rank offers to
sell sea urchin licenses from the lowest offer to the highest
offer. The department will purchase licenses each year from the
funds made available under RCW 77.70.150, with a maximum purchase
price of (($6,000)) $8,000 per license.
(3) Offer process: ((For the winter 2001-2002 selection,
the department will accept offers to sell during the thirty-day
period after these rules go into effect, and will purchase
licenses from the funds that were available on December 31, 2001.
Thereafter)) The department will accept offers to sell beginning
August 1st of each year and will purchase licenses based on the
funds that are available on the following September 30th.
(4) Selection process: The department will select licenses to be purchased beginning with the lowest offer to sell, and continuing until there are insufficient funds to purchase a complete offer. If two or more licenses are offered at the same price, selection will be by random draw.
(5) License reduction process: Upon selection, the department will issue a warrant to the license holder in the amount of the offer. On the date the warrant is mailed to the mailing address of the license holder as shown in their department licensing file, the department will void the license. Upon receipt of the warrant, the license holder is to return the license cards to the department.
(6) No prohibition on reentry: License holders who sell a license under the program may reenter the sea urchin commercial fishery.
(7) Program termination: This program terminates when the number of sea urchin commercial fishery licensees is reduced to twenty-five.
[Statutory Authority: RCW 77.12.047. 02-01-069 (Order 01-274), § 220-95-100, filed 12/14/01, effective 1/14/02.]
(1) Eligibility: All persons who currently hold a sea cucumber commercial fishery license are eligible to offer their license(s) for purchase under the program.
(2) Method of purchase: The department will rank offers to
sell sea cucumber licenses from the lowest offer to the highest
offer. The department will purchase licenses each year from the
funds made available under RCW 77.70.190, with a maximum purchase
price of (($5,000)) $8,000 per license.
(3) Offer process: ((For the winter 2001-2002 selection,
the department will accept offers to sell during the thirty-day
period after these rules go into effect, and will purchase
licenses from the funds that were available on December 31, 2001.
Thereafter)) The department will accept offers to sell beginning
August 1st of each year and will purchase licenses based on the
funds that are available on the following September 30th.
(4) Selection process: The department will select licenses to be purchased beginning with the lowest offer to sell, and continuing until there are insufficient funds to purchase a complete offer. If two or more licenses are offered at the same price, selection will be by random draw.
(5) License reduction process: Upon selection, the department will issue a warrant to the license holder in the amount of the offer. On the date the warrant is mailed to the mailing address of the license holder as shown in their department licensing file, the department will void the license. Upon receipt of the warrant, the license holder is to return the license cards to the department.
(6) No prohibition on reentry: License holders who sell a license under the program may reenter the sea cucumber commercial fishery.
(7) Program termination: This program terminates when the number of sea cucumber commercial fishery licensees is reduced to twenty-five.
[Statutory Authority: RCW 77.12.047. 02-01-069 (Order 01-274), § 220-95-110, filed 12/14/01, effective 1/14/02.]