WSR 99-02-017

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-256--Filed December 29, 1998, 2:26 p.m., effective January 1, 1999, 12:01 a.m.]



Date of Adoption: December 28, 1998.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-44-05000T; and amending WAC 220-44-050.

Statutory Authority for Adoption: RCW 75.08.080.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: These regulations are necessary to achieve conservation goals and to maintain consistency between state and federal regulations. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: January 1, 1999, 12:01 a.m.

December 28, 1998

Sara G. LaBorde

for Larry Peck

Acting Director



NEW SECTION



WAC 220-44-05000U   Coastal bottomfish catch limits. Notwithstanding the provisions of WAC 220-44-050, effective 12:01 a.m. January 1, 1999 until further notice, it is unlawful to possess, transport through the waters of the state or land in any Washington State port bottomfish taken from Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A-1, 59A-2, 59B, 60A-1, 60A-2, 61, 62, or 63 in excess of the amounts or less than the minimum sizes shown below for the following species:

1. The following definitions apply to this section:

a. Cumulative limit - A cumulative limit is the maximum amount of fish that may be taken and retained, possessed or landed per vessel per calendar month or cumulative period, without a limit on the number of landings or trips. The cumulative limit includes all fish harvested by a vessel during the cumulative period, whether taken in limited entry or open access fisheries. Once a cumulative limit has been achieved, an operator may begin fishing on the next cumulative limit so long as the fish are not landed until after the beginning of the next cumulative period. For B-platoon vessels a calendar month shall be the 16th of the month through the 15th of the following month. b. Cumulative period - Period 1 - January through March.

c. Daily trip limit - The maximum amount of fish that may be taken and retained, possessed or landed per vessel from a single fishing trip in 24 consecutive hours, starting at 0001 hours.

d. Groundfish limited entry fishery - Fishing activity by a trawl, setline or bottomfish pot equipped vessel that has received a federal limited entry permit issued by the National Marine Fisheries Service endorsed for the qualifying gear type.

e. Groundfish open access fishery - Fishing activity by a vessel equipped with setline or bottomfish pot gear that has not received a federal limited entry permit, or a vessel using gear other than trawl, setline or bottomfish pot gear.

f. Shrimp trawl fishery includes pink shrimp and spot prawn.

g. Vessel trip - A vessel trip is defined as having occurred upon the initiation of transfer of catch from a fishing vessel.

h. Vessel trip limit - The amount of fish that may not be exceeded per vessel trip. All fish aboard a fishing vessel upon the initiation of transfer of catch are to be counted towards the vessel trip limit.

i. Dressed length - The dressed length of a fish is the distance from the anterior insertion of the first dorsal fin to the tip of the tail.

2. Groundfish limited entry fishery limits. The following limits apply to the groundfish limited entry fishery in Coastal Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A-1, 59A-2, 59B, 60A-1, 60A-2, 61, 62, and 63 (notwithstanding the provisions of WAC 220-44-030):

a. Pacific ocean perch - One-month cumulative limit of 4,000 pounds. No minimum size.

b. Widow rockfish - Cumulative period limits as follows: Period 1 - 70,000 pounds. No minimum size.

c. Shortbelly rockfish - No minimum size. No maximum poundage.

d. Black rockfish - The vessel trip limit for black rockfish for commercial fishing vessels using hook-and-line gear between the U.S. Canada border and Cape Alava (4809'30" N. latitude) and between Destruction Island (4740'00" N. latitude) and Leadbetter Point (4638'10" N. latitude), is 100 pounds (round weight) or 30 percent by weight of all fish on board including salmon, whichever is greater, per vessel trip.

e. Sebastes complex - All species of rockfish except Pacific ocean perch, widow, shortbelly, and thornyhead (Sebastolobus spp.) Cumulative period limits as follows: Period 1 - 24,000 pounds of which no more than 15,000 pounds may be yellowtail rockfish and 9,000 pounds may be canary rockfish.

f. DTS Complex - (Dover sole, Thornyhead rockfish, and Sablefish) -

(1) Dover sole, cumulative period limits as follows: Period 1 - 70,000 pounds.

(2) Longspine thornyheads, cumulative period limits as follows: Period 1 - 12,000 pounds.

(3) Shortspine thornyheads, cumulative period limits as follows: Period 1 - 3,000 pounds.

(4) Sablefish-

(a) Trawl vessels - Cumulative period limits as follows: Period 1 - 13,000 pounds. Not more than 500 pounds (round weight) of sablefish per trip may be smaller than 22 inches. Sablefish total length of 22 inches is equivalent to dressed length of 15.5 inches. To convert sablefish from dressed weight to round weight, multiply the dressed weight by 1.6.

(b) Non-trawl vessels - Daily trip limit of 300 pounds (round weight). Cumulative limit of 2,400 pounds per two-month period.

g. Pacific Whiting - Trip limit of 10,000 pounds. No minimum size.

h. Lingcod - Cumulative period limits as follows: Period 1 - 1,500 pounds. Total length minimum size limit of 24 inches. Lingcod total length of 24 inches is equivalent to dressed length of 19.5 inches. To convert lingcod from dressed weight to round weight, multiply the dressed weight by 1.5. To convert lingcod from dressed, head on (gutted only), weight, multiply the dressed weight by 1.1.

(1) It shall be lawful to land up to 100 pounds of lingcod under 24 inches taken in the trawl fishery only.

3. Groundfish open access fishery limits. The following limits apply to the groundfish open access fishery in Coastal Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A-1, 59A-2, 59B, 60A-1, 60A-2, 61, 62, and 63 (notwithstanding the provisions of WAC 220-44-030). Notwithstanding the provisions of this subsection, no groundfish open access fishery limit may exceed a groundfish limited entry fishery daily, vessel or cumulative limit or more than 33% of any period 1 cumulative limit.

(a) Sablefish - Daily trip limit of 300 pounds (round weight) not to exceed two-month cumulative limit of 1,800 pounds. No minimum size.

(b) Pacific ocean perch - Cumulative limit of 100 pounds per calendar month.

(c) Widow rockfish - Cumulative limit of 2,000 pounds per calendar month.

(d) Sebastes complex - All species of rockfish except Pacific ocean perch, widow, shortbelly, and thornyhead (Sebastolobus spp.) Cumulative limit of 3,600 pounds per calendar month of which no more than 2,600 pounds may be yellowtail rockfish and 1,000 pounds may be canary rockfish.

(e) Lingcod - Illegal to take, possess, transport or land lingcod, except April 1st until further notice when there is a cumulative limit of 250 pounds per calendar month.

(f) Pacific whiting - Cumulative limit of 100 pounds per calendar month.

(g) Dover sole - Cumulative limit of 100 pounds per calendar month.

(h) Shortspine thornyheads - Illegal to take, possess, transport or land shortspine thornyheads.

(i) Longspine thornyheads - Illegal to take, possess, transport or land longspine thornyheads.

4. Shrimp trawl fishery limits: Trip limit of 300 pounds of groundfish, not to exceed any single open access species limit.

5. Vessels engaged in chartered research for National Marine Fisheries Service (NMFS) may land and sell bottomfish caught during that research without the catch being counted toward any trip or cumulative limit for the participating vessel. Vessels that have been compensated for research work by NMFS with an Exempted Fishing Permit (EFP) to land fish as payment for such research may land and sell fish authorized under the EFP without the catch being counted toward any trip or cumulative limit for the participating vessel. Any bottomfish landed during authorized NMFS research or under the authority of a compensating EFP for past chartered research work must be reported on a separate fish receiving ticket and not included on any fish receiving ticket reporting bottomfish landed as part of any trip or cumulative limit. Bottomfish landed under the authority of NMFS research work or an EFP compensating research with fish must be clearly marked "NMFS Compensation Trip" on the fish receiving ticket in the space reserved for dealer's use. The NMFS scientist in charge must sign the fish receiving ticket in the area reserved for dealer's use if any bottomfish are landed during authorized NMFS research. If the fish are landed under the authority of an EFP as payment for research work, the EFP number must be listed in the dealer's use space.

6. It is unlawful during the unloading of the catch and prior to its being weighed or leaving the unloading facility to intermix with any other species or category of bottomfish having a cumulative limit, vessel trip limit or daily trip limit.

7. The fisher's copy of all fish receiving tickets showing landings of species provided for in this section shall be retained aboard the landing vessel for 90 days after landing.



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REPEALER



The following section of the Washington Administrative Code is repealed effective 11:59 p.m. December 31, 1998:



WAC 220-44-05000T Coastal bottomfish catch limits. (98-236)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office