Original Notice.

Preproposal statement of inquiry was filed as WSR 99-10-059.

Title of Rule: Commercial fishing rules for forage fish.

Purpose: Close commercial fishing for forage fish with dip bag net fishing gear.

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: Closes commercial fishing with dip bag net gear in Areas 20A, 20B, 21A, and 21B.

Reasons Supporting Proposal: Dip net fishery in these areas would adversely affect herring population.

Name of Agency Personnel Responsible for Drafting: Morris Barker, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2826, Implementation: Bruce Crawford, 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 close the commercial fishery for forage fish with dip bag gear in Areas 20A, 20B, 21A, and 21B. Benefits will be protection of declining herring populations in the affected areas.

Proposal Changes the Following Existing Rules: The dip bag fishery is currently open during certain months in the affected area. The proposed change will close the dip bag fishery at all times.

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 businesses, including costs of equipment, supplies, labor, and increased administrative costs. None.

4. Will compliance with the rule cause businesses to lose sales or revenue? No. There has been no fishing with dip bag net gear in the affected areas for 5 years.

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 - 0.

b. Cost per hour of labor - N/A.

c. Cost per one hundred dollars of sales - N/A.

6. Steps taken by the agency to reduce the costs of the rule on small businesses or reasonable justification for not doing so. The areas proposed for closure were minimized to the smallest amount needed for conservation.

7. A description of how the agency will involve small businesses in the development of the rule. A letter informing them of proposed action, a meeting in July, and a public hearing on August 6-7.

8. A list of industries that will be required to comply with the rule. Nontreaty herring fishers.

A copy of the statement may be obtained by writing to Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2930, fax (360) 902-2944.

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

Hearing Location: Shilo Inn, 707 Ocean Shores Boulevard N.W., Ocean Shores, WA, on August 6-7, 1999, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by July 23, 1999, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2944 by August 4, 1999.

Date of Intended Adoption: August 7, 1999.

June 15, 1999

Evan Jacoby

Rules Coordinator

OTS-3209.1

AMENDATORY SECTION(Amending WSR 98-05-043, filed 2/11/98, effective 3/14/98)

WAC 220-49-020
Herring and anchovy--Seasons--Lawful gear--Purposes.

It shall be unlawful to take, fish for or possess for commercial purposes herring or anchovy in Puget Sound except during lawful seasons, with lawful gear and for such purposes as provided for hereinafter in each respective fishing area:

(1) Area 20A.

(a) Closed September 1 through May 31 to all commercial fishing gear except for the spawn on kelp fishery as provided for in WAC 220-49-063.

(b) Closed June 1 through August 31 to all commercial fishing ((gear except dip bag net)).

(2) It is unlawful to use purse seine gear in any Puget Sound area except 23A, 23B, 23C, 23D, and 29.   Areas 23A, 23B, 23C, 23D and 29 are open to purse seine gear the entire year.

(3) All other Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas - Open entire year with drag seine, lampara, and dip bag net for human consumption or bait only except for closures set out in subsections (4), (5) and (6) of this section.

(4) The following areas are closed the entire year to all gear ((except dip bag net gear)):

(((a))) Areas 20B, 21A, 21B, 22A ((and)), 22B, 25A, and 25E.

(((b) Swinomish Channel - Waters between the bridge spanning the channel south of La Conner and a line perpendicular to the channel at the northeast end of the La Conner boat basin.))

(5) The following areas are closed from January 16 through April 15, except to dip bag net gear:

(a) Area((s 22B,)) 24A except for a year round closure in Swinomish Channel in those waters between the bridge spanning the channel south of La Conner and a line perpendicular to the channel at the northeast end of the La Conner boat basin, 24B, and 24D.

(b) Waters of Area 25C south of a line from Tala Point to Foulweather Bluff.

(c) Area 25D.

(d) Waters of Area 26B west of a line from Point Monroe to Point Jefferson.

(e) Area 26C.

(f) Waters of Area 26D north of a line from Neill Point to Piner Point.

(g) Waters of Area 27A north of a line from South Point to Lofall and contiguous waters of 27A south of a line projected true east from Hazel Point including all waters of Dabob and Quilcene Bays.

(h) Waters of Area 27B north of a line from Triton Head to Tekiu Point.

(i) Waters of Area 27C east of a line from Ayers Point to Union.

(j) Waters of Area 28A west of a line projected true north-south through Treble Point on Anderson Island, including Henderson Inlet.

(k) Waters of Area 28B west of a line projected true north from Penrose Point, including Mayo Cove and Von Geldern Cove.

(l) All contiguous waters of Area 28D north and east of a line projected from Dofflemeyer Point through Cooper Point to landfall on the west shore of Eld Inlet, including Totten Inlet, Hammersley Inlet and Oakland Bay.

(((6) The following areas are closed the entire year to all gear: Areas 25A and 25E.))

[Statutory Authority: RCW 75.08.080.  98-05-043, § 220-49-020, filed 2/11/98, effective 3/14/98; 95-23-020 (Order 95-166), § 220-49-020, filed 11/8/95, effective 12/9/95; 94-12-009 (Order 94-23), § 220-49-020, filed 5/19/94, effective 6/19/94; 84-08-014 (Order 84-24), § 220-49-020, filed 3/27/84; 83-24-024 (Order 83-200), § 220-49-020, filed 11/30/83, effective 1/1/84; 83-04-025 (Order 83-04), § 220-49-020, filed 1/27/83; 79-03-014 (Order 79-11), § 220-49-020, filed 2/15/79; Order 76-148, § 220-49-020, filed 12/2/76; Order 1105, § 220-49-020, filed 12/28/73.]

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