WSR 99-13-119

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 16, 1999, 7:30 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-08-079.

Title of Rule: Dungeness crab catch record cards.

Purpose: To require recreational Dungeness crab fishers to possess, fill and return a catch record card designed to provide harvest data for management of the crab resource.

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: Requires a Dungeness crab catch record card for persons fishing for and possessing recreationally caught Dungeness crab.

Reasons Supporting Proposal: To meet the legislative intent of ESSB 5508.

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 require recreational fishers for Dungeness crab to possess, fill out and turn in to the department a catch record card for the purpose of creating accurate crab catch estimates to manage the crab fishery to meet allocation objectives.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a recreational rule and not subject to chapter 19.85 RCW.

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-3215.1


AMENDATORY SECTION(Amending Order 91-13, filed 4/2/91, effective 5/3/91)

WAC 220-56-175
((Salmon, sturgeon, and halibut)) Catch record cards.

It is unlawful for any person to fail to comply with the catch record requirements as provided for in this section:

(1) In order to fish for or possess for personal use any crab, anadromous salmon, Columbia River, Grays Harbor, or Willapa Bay sturgeon (including sturgeon taken from any tributary), ((or)) halibut taken from Catch Record Card Areas 5 through 13 or steelhead, a fisherman must obtain and have in his possession the appropriate catch record card (also referred to as punch card in chapter 75.25 RCW) as described in WAC ((220-69-237, 220-69-238, and 220-69-239)) 220-69-236 except for commercially caught salmon retained for personal use as provided for in WAC 220-20-016 and commercially caught sturgeon retained for personal use as provided for in WAC 220-20-021.

(2) Any angler, when obtaining a catch record card shall completely, accurately, and legibly complete all personal identification information in ink on the catch record card prior to detaching the catch record card from the underlying copy of the catch record card.

(3) Immediately upon catching and possessing a salmon, steelhead, sturgeon or halibut, the angler shall enter in ink in the appropriate space the place, date of catch, species (catch type), ((and,)) for sturgeon, length and, for halibut, vessel type.

(4) Immediately upon retaining a Dungeness crab, the fisher must enter in ink in the appropriate space the place and date of catch, and enter a tally mark for each Dungeness crab retained from each catch record card area fished.

(5) Every person possessing a catch record card shall by ((January 31)) April 30 of the year following the year printed on the card return such card to the department of ((fisheries)) fish and wildlife.

(((5))) (6) Any person possessing a catch record card shall, upon demand of any law enforcement officer or authorized fisheries department employee, exhibit said card to such officer or employee for inspection.

(((6))) (7) A catch record card shall not be transferred, borrowed, altered, or loaned to another person.

[Statutory Authority: RCW 75.08.080.  91-08-054 (Order 91-13), 220-56-175, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-175, filed 2/28/90, effective 3/31/90; 89-07-071 (Order 89-05), 220-56-175, filed 3/20/89; 88-05-002 (Order 88-03), 220-56-175, filed 2/4/88; 85-11-020 (Order 85-43), 220-56-175, filed 5/10/85; 80-03-064 (Order 80-12), 220-56-175, filed 2/27/80, effective 4/1/80.  Formerly WAC 220-56-023.]

OTS-3216.2


NEW SECTION
WAC 220-69-236
Description of catch record cards and required information.

(1) The department shall prepare and distribute catch record cards for the following:

(a) Anadromous salmon (salmon);

(b) Dungeness crab;

(c) Halibut taken from catch record card areas 5 through 13;

(d) Steelhead;

(e) Sturgeon taken from the Columbia River, Grays Harbor, and Willapa Bay (including sturgeon taken from any tributary).

(2) Each catch record card shall contain space for the following information, which must be recorded prior to the catch record card being separated from the underlying copy of the catch record card:

(a) Name of fisher;

(b) Home address;

(c) City, state, and zip code;

(d) Date of issuance.

(3) Each halibut, salmon, steelhead, and sturgeon catch record card shall contain space for the following information, which shall be completed immediately upon catching a fish to be retained:

(a) Month of catch;

(b) Day of catch;

(c) Catch record card area, river code, or stream: Location of catch.

(4) Each salmon and sturgeon catch record card shall contain space for a species code, which shall be completed immediately upon catching a fish to be retained.

(5) Each halibut catch record card shall contain space for designating the type of vessel from which the halibut was taken, either charter (c) or personal/kicker (k) boat, which shall be completed immediately upon catching a fish to be retained.

(6) Each sturgeon catch record card shall contain space for the length of fish, which shall be completed immediately upon catching a fish to be retained.

(7) Each Dungeness crab catch record card shall contain space for the following information which shall be completed upon retaining the first Dungeness crab for each catch record card area fished:

(a) Month of catch;

(b) Date of catch;

(c) Catch record card area, and the following information, which shall be recorded immediately upon retaining a Dungeness crab: Tally mark for each crab retained.

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-69-237 Description of sport salmon catch record and required information.
WAC 220-69-238 Description of sturgeon catch record and required information.
WAC 220-69-239 Description of halibut catch record card and required information.

OTS-3217.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-12-157 Steelhead catch record card.

Washington State Code Reviser's Office