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State
Washington Regulations
Chapter 220-88 WAC Emerging commercial fisheries

Last Update: 7/14/93




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220-88-010
Emerging commercial fisheries — Definitions.
The following definitions apply to this chapter:

(1) "Experimental fishery permit" means a permit issued by the director for either:

(a) An "emerging commercial fishery" defined as a fishery for a newly classified species for which the department has determined that there is a need to limit participation; or

(b) An "expanding commercial fishery" defined as a fishery for a previously classified species in a new area, by a new method, or at a new effort level, for which the department has determined that there is a need to limit participation.

(2) "Trial commercial fishery permit" means a permit issued by the department for trial harvest of a newly classified species, or harvest of a previously classified species in a new area or by a new means. A trial commercial fishery permit will only be issued when the department has determined that there is no need to limit participation. The director may redesignate a trial commercial fishery as an emerging or expanding commercial fishery if the director finds that there is a need to limit participation in that fishery.



[Statutory Authority: RCW 75.08.080. 92-19-012 (Order 92-89), § 220-88-010, filed 9/3/92, effective 10/4/92.]




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220-88-020
Experimental fishery permits.
(1) The director will issue experimental fishery permits after the date rules designating a fishery as either an emerging commercial fishery or an expanding commercial fishery and establishing the number and qualifications of permit holders take effect.

(2) Only persons meeting the following requirements may hold an experimental fishery permit:

(a) The person must hold a commercial fishing license under chapter 75.28 RCW for the gear to be used with the experimental fishery permit or own a vessel that holds such a license. An experimental fishery permit is supplemental to a commercial fishing license, and may not be used unless the fisher or the fisher's vessel is currently licensed.

(b) No person ineligible to hold a commercial fishing license will be issued an experimental fishery permit. The person must meet the qualifications established for the experimental fishery permit that the person seeks.

(c) In the event an emerging or expanding commercial fishery arises from a trial commercial fishery, the director shall consider whether a fisher making application for an experimental fishery permit had previously held a trial commercial fishery permit for that fishery.

(3) An experimental fishery permit will not be issued for any species for which a license, endorsement, or validation limitation has been established pursuant to chapter 75.30 RCW, or for any fishery under the jurisdiction of the secretary of commerce.

(4) The director may at any time close an emerging or expanding commercial fishery for conservation reasons.



[Statutory Authority: RCW 75.08.080. 92-19-012 (Order 92-89), § 220-88-020, filed 9/3/92, effective 10/4/92.]




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220-88-030
Experimental fishery permit advisory board.
The five-person advisory board that will review and make recommendations regarding number and qualifications of persons who will receive experimental fishery permits shall have knowledge of the commercial fishing industry.



[Statutory Authority: RCW 75.08.080. 93-15-051, § 220-88-030, filed 7/14/93, effective 8/14/93; 92-19-012 (Order 92-89), § 220-88-030, filed 9/3/92, effective 10/4/92.]




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220-88-040
Trial commercial fishery permits.
(1) Applications for trial commercial fishery permits must specify the species, fishing area, and fishing method to be used.

(2) The department will respond to any request for a trial commercial fishery permit within sixty days of receiving the application.

(3) Only persons who hold a commercial fishing license under chapter 75.28 RCW for the gear to be used with the trial commercial fishery permit or own a vessel that holds such a license are eligible to hold a trial commercial fishery permit. A trial commercial fishery permit is supplemental to a commercial fishing license, and may not be used unless the fisher or the fisher's vessel is currently licensed.

(4) The director will issue a trial commercial fishery permit for a newly classified species only after the director has by rule classified the species as a food fish or shellfish in chapter 220-12 WAC. If emergency classification is required, the director will issue the trial commercial fishery permit only for the period of emergency classification, and will not renew the permit unless the department has received a request for permanent classification at least two weeks before the end of the permit period.

(5) The director may redesignate a trial commercial fishery as an emerging or expanding commercial fishery if the director finds that there is a need to limit participation. A trial commercial fishery permit for that fishery does not guarantee future eligibility for an experimental fishery permit.

(6) The director may at any time close a trial commercial fishery for conservation reasons.



[Statutory Authority: RCW 75.08.080. 92-19-012 (Order 92-89), § 220-88-040, filed 9/3/92, effective 10/4/92.]