WSR 99-17-066

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-125-- Filed August 13, 1999, 1:53 p.m. , effective April 1, 2000 ]

Date of Adoption: August 7, 1999.

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

Citation of Existing Rules Affected by this Order: Repealing WAC 220-39-237, 220-69-238, 220-69-239 and 232-12-157; and amending WAC 220-56-175 and 220-69-236.

Statutory Authority for Adoption: RCW 75.08.080, 77.12.040.

Adopted under notice filed as WSR 99-13-119 on June 16, 1999.

Changes Other than Editing from Proposed to Adopted Version: WAC 220-56-175 Catch record cards:

Subsection (1) Line 5: Strike "a fisherman." Replace with "an angler." Line 6: Strike "his." Replace with "personal." Line 7: Strike "also referred to as punch card in RCW 75.25." Reason: Provides for housekeeping changes.

Subsection (4) Line 1: Add "aboard a vessel." Line 3: Add "fishery type." Line 5: Add "at the end of the fishing day, the fisher shall enter the total number of crab tally marks for each fishery type." Reason: Provides for housekeeping changes and fishery type data.

Subsection (5) Line 3: Strike "fisheries." Replace with "fish and wildlife." Reason: Provides for housekeeping changes.

WAC 220-69-236 Description of catch record cards and required information:

Subsection (3) Line 2: After the word "information," strike "which shall be completed immediately upon catching a fish to be retained."

Subsection (4) Line 2: After the word "code," strike "which shall be completed immediately upon catching a fish to be retained."

Subsection (5) Line 3: After the word "boat," strike "which shall be completed immediately upon catching a fish to be retained."

Subsection (6) Line 2: After the word "fish," strike "which shall be completed immediately upon catching a fish to be retained."

Subsection (7) Line 2: After the word "information," strike "which shall be completed upon retaining the first Dungeness crab for each catch record card area fished."

Subsection (7)(c) Line 1: After the word "area," strike "and the following information, which shall be recorded immediately upon retaining a Dungeness crab. Tally mark for each crab retained." Reason: Removes the reporting requirement from the catch record card.

Subsection (7) Add new subsection: "(d) Type of crab fishery as described on the Dungeness crab catch record card;" Reason: Provides information on the type of crab fishery.

Subsection (7) Add new subsection: "(e) Total crab retained by fishery type." Reason: Provides information on the number of crab retained by fishery type.

Section (7) Add new subsection: "(f) Tally mark for each crab retained." Reason: Provides information on the number of crab retained.

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 0, Amended 2, Repealed 4.

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: April 1, 2000.

August 13, 1999

Debbie Nelson

for Kelly White, Chairman

Fish and Wildlife Commission

OTS-3215.2


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)) an angler must obtain and have in ((his)) personal possession the appropriate catch record card (((also referred to as punch card in RCW 75.25))) 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 aboard a vessel or on the shore, the fisher must enter in ink in the appropriate space the place and date of catch, fishery type and enter a tally mark for each Dungeness crab retained from each catch record card area fished. At the end of the fishing day, the fisher shall enter the total number of crab tally marks for each fishery type.

(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-3216.3


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:

(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.

(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.

(6) Each sturgeon catch record card shall contain space for the length of fish.

(7) Each Dungeness crab catch record card shall contain space for the following information:

(a) Month of catch;

(b) Date of catch;

(c) Catch record card area;

(d) Type of crab fishery as described on the Dungeness crab catch record card;

(e) Total crab retained by fishery type;

(f) 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.