Date of Adoption: December 9, 2000.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-44-030 and 220-48-015.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 00-17-091 on August 15, 2000.

Changes Other than Editing from Proposed to Adopted Version: Area 60-A subunits identified; Inner Straight of Juan de Fuca Pacific cod closure closes on quota achievement, not during a fixed period.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Thirty-one days after filing.

December 21, 2000

Debbie Nelson

for Kelly White, Chairman

Fish and Wildlife Commission

OTS-4147.3

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

WAC 220-44-030   Coastal bottomfish gear.   It is unlawful to take, fish for, possess, transport through the waters of the state or land in any Washington state ports, bottomfish taken for commercial purposes in Marine Fish-Shellfish Management and Catch Reporting Areas 59A, 59B, 60A-1 and 60A-2 and that portion of Area 58 within the United States 200-mile Fishery Conservation Zone with any gear except as provided in this section:

(1) Otter trawl and beam trawl.

(a) It is unlawful to use, operate or carry aboard any fishing vessel otter trawl gear having meshes measuring less than 3 inches anywhere in the net.

(b) It is unlawful to use or operate any bottom roller or bobbin trawl having meshes less than 4.5 inches anywhere in the net. Rollers, bobbins, or discs used in roller or bobbin trawls must be a minimum of 14 inches in diameter.

(c) It is unlawful to use or operate a pelagic trawl with meshes less than 3.0 inches anywhere in the net. Footropes of pelagic trawls must be less than 1.75 inches in diameter, including twine necessary for seizing material. Sweeplines, including the bottom leg of the bridle, must be bare.

(d) For at least 20 feet immediately behind the footrope or headrope, bare rope or mesh of 16-inch minimum mesh size must completely encircle the net. A band of mesh may encircle the net under transfer cables, lifting or splitting straps (chokers), but must be: Over riblines and restraining straps; the same mesh size and coincide knot-to-knot with the net to which it is attached; and no wider than 16 meshes.

(e) Chafing gear may encircle no more than 50 percent of the circumference of any bottom, roller, bobbin or pelagic trawl except as specified in (d) of this subsection. No section of chafing gear may be longer than 50 meshes of the net to which it is attached. Except at the corners, the terminal end of each section of chafing gear must not be connected to the net. Chafing gear must be attached outside any riblines and restraining straps. There is no limit on the number of sections of chafing gear on a net.

(f) It is unlawful to use double wall codends in any trawl gear.

(g) Licensing: A food fish trawl -- non-Puget Sound fishery license is the license required to operate the gear provided for in this section. Additionally a federal limited entry permit is required in Areas 59A, 59B, 60A-1 and 60A-2 and that portion of Area 58 within the Exclusive Economic Zone.

(h) Area restriction: It is unlawful to use ((bottom roller, bobbin or disc)) otter trawl or ((to use a foot rope greater than 5 inches in diameter)) beam trawl gear in state territorial waters (0-3 miles) within ((the catch areas provided for in this section)) Areas 58A, 58B, 59A, 59B, 60A-1 or 60A-2.

(2) Set lines.

(a) It is unlawful for the operator of set lines to leave such gear unattended unless marked as provided in WAC 220-20-010(5). Set lines must be attended at least once every seven days. Set lines must be marked at the surface at each terminal end with a pole, flag, light, radar reflector, and a buoy displaying clear identification of the owner or operator.

(b) Licensing: A food fish set line fishery license is the license required to operate the gear provided for in this section.

(c) Area restriction: It is unlawful to use set line gear in state territorial waters (0-3 miles) within Areas 59A, 59B, 60A-1 and 60A-2 and that portion of Area 58 within the Exclusive Economic Zone.

(3) Bottomfish pots.

(a) It is unlawful for the operator of bottomfish pots to leave such gear unattended unless marked as provided in WAC 220-20-010(5). Bottomfish pots must be attended at least once every seven days. Bottomfish pots set individually must be marked at the surface with a pole and a flag, light, or radar reflector, and a buoy displaying clear identification of the owner. Bottomfish pots laid on a groundline must be marked at the surface at each terminal end of the groundline with a pole and a flag, light, and radar reflector, and a buoy displaying clear identification of the owner or operator.

(b) Licensing: A bottomfish pot fishery license is the license required to operate the gear provided for in this section.

(c) Area restriction: It is unlawful to use bottomfish pots in state territorial waters (0-3 miles) within the catch areas provided for in this section.

(4) Commercial jig gear.

(a) Licensing: A bottomfish jig fishery license is the license required to operate the gear provided for in this section.

(b) Area restriction: It is unlawful to use commercial jig gear in state territorial waters (0-3 miles) within the catch areas provided for in this section.

(5) Troll lines.

(a) Licensing: A bottomfish troll fishery license is the license required to operate the gear provided for in this section.

(b) Area restriction: It is unlawful to use bottomfish troll gear in state territorial waters (0-3 miles) within the catch areas provided for in this section.

(6) Incidental catch.

(a) It is lawful to retain bottomfish taken incidental to any lawful salmon fishery, up to a daily limit of 100 pounds or 30% of all fish on board, whichever is greater. No more than one trip per day provided the bottomfish could be lawfully taken.

(b) It is unlawful to take salmon incidental to any lawful bottomfish fishery.

(c) It is lawful to retain sturgeon taken incidental to any lawful bottomfish fishery, provided the sturgeon could be lawfully taken.

(d) It is unlawful to retain any species of shellfish taken incidental to any lawful bottomfish fishery, except that it is lawful to retain octopus and squid.

[Statutory Authority: RCW 75.08.080. 98-05-043, 220-44-030, filed 2/11/98, effective 3/14/98; 96-11-055 (Order 96-43), 220-44-030, filed 5/9/96, effective 6/9/96; 94-12-009 (Order 94-23), 220-44-030, filed 5/19/94, effective 6/19/94; 92-07-008 (Order 92-07), 220-44-030, filed 3/6/92, effective 4/16/92; 88-22-033 (Order 88-157), 220-44-030, filed 10/27/88; Statutory Authority: RCW 75.08.080. 88-22-033 (Order 88-157), 220-44-030, filed 10/27/88; 84-08-014 (Order 84-24), 220-44-030, filed 3/27/84; 82-14-056 (Order 82-72), 220-44-030, filed 7/1/82; 82-03-045 (Order 82-6), 220-44-030, filed 1/19/82; 81-02-053 (Order 81-3), 220-44-030, filed 1/7/81; 79-03-014 (Order 79-11), 220-44-030, filed 2/15/79; 78-04-039 (Order 78-11), 220-44-030, filed 3/20/78.]

OTS-4573.1

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

WAC 220-48-015   Beam trawl and bottom trawl -- Seasons.   (1) It is lawful to fish for and possess bottomfish taken with bottom trawl and beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 22A, 22B, 23A, 23B, 23C, 25A, and 25B((, and 29)) the entire year with the following exceptions:

(a) Those waters of Area 20A east of a line projected from Point Whitehorn to Sandy Point are closed the entire year.

(b) Those waters of Area 20A within an area bounded by lines from Lilly Point to Birch Point and from the southwest corner of Point Roberts to Point Whitehorn to where these two lines are intersected by a line south from Kwomais Point in British Columbia and a line from Lilly Point to the north Alden Bank buoy are closed April 15 through May 31.

(c) Those waters of Area 20A within an area bounded by lines from Lilly Point to Birch Point and Lilly Point to the north Alden Bank buoy to where those lines are intersected by a line projected approximately 230 degrees south from Birch Point to Alden Point on Patos Island are closed June 1 through June 30.

(d) Areas 20A, 20B, 21A, 22A and 22B are closed to all trawl fishing in waters less than 30 feet deep.

(e) Areas 20A, 20B, 21A, 22A and 22B are closed in waters deeper than 40 fathoms from ((July 1 through December 31)) such time as the Pacific cod quota has been obtained.

(f) Area((s)) 23C ((and 29 are)) is closed to otter trawl fishing the entire year in waters shallower than 50 fathoms and ((are)) is closed to beam trawl fishing in waters less than 60 feet deep.

(g) Area((s)) 23C ((and 29 are)) is closed to otter trawl Wednesday, Saturday and Sunday, January 1 through August 31, and closed to all otter trawl September 1 through December 31.

(2) It is lawful to fish for and possess bottomfish taken with beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 25A and 25B the entire year with the following exceptions:

(a) All of Area 25A is closed February 1 through April 15 of each year.

(b) Those waters of Area 25A lying southerly and westerly of a line projected from Kiapot Point to Gibson Spit (Sequim Bay) are closed the entire year.

(c) Areas 23A, 25A and 25B are closed to beam trawl fishing in waters less than 60 feet deep.

(3) It is unlawful to fish for or possess bottomfish taken with otter trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 25A and 25B the entire year.

(4) It is unlawful to take, fish for or possess bottomfish taken with bottom trawl or beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 21B, 23D, 24A, 24B, 24C, 24D, 25C, 25D, 25E, 26A, 26B, 26C, 26D, 27A, 27B, 27C, 28A, 28B, 28C, ((and)) 28D, and 29 the entire year.

(5) It is unlawful to take more than 500 pounds of rockfish with beam trawl and bottom trawl gear during any vessel trip in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.

[Statutory Authority: RCW 75.08.080. 98-05-043, 220-48-015, filed 2/11/98, effective 3/14/98; 97-07-053 (Order 97-52), 220-48-015, filed 3/17/97, effective 4/17/97; 94-19-001 (Order 94-96), 220-48-015, filed 9/7/94, effective 10/8/94; 94-12-009 (Order 94-23), 220-48-015, filed 5/19/94, effective 6/19/94; 91-13-051 (Order 91-39), 220-48-015, filed 6/14/91, effective 7/15/91; 89-14-010 (Order 89-48), 220-48-015, filed 6/22/89; 87-04-003 (Order 87-03), 220-48-015, filed 1/22/87; 85-08-023 (Order 85-24), 220-48-015, filed 4/1/85; 84-08-014 (Order 84-24), 220-48-015, filed 3/27/84; 83-24-024 (Order 83-200), 220-48-015, filed 11/30/83, effective 1/1/84; 83-04-025 (Order 83-04), 220-48-015, filed 1/27/83; 82-24-080 (Order 82-215), 220-48-015, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), 220-48-015, filed 7/1/82.]

Washington State Code Reviser's Office