WSR 04-13-023

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 7, 2004, 3:15 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-09-101.

Title of Rule and Other Identifying Information: Update of common names of classified shellfish and provide daily limit for tanner crab.

Hearing Location(s): Embassy Suites Hotel, 20610 44th Avenue West, Lynnwood, WA, on August 6-7, 2004, begins at 8:00 a.m., August 6.

Date of Intended Adoption: August 6, 2004.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by August 4, 2004.

Assistance for Persons with Disabilities: Contact Susan Yeager by July 26, 2004, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Some use of common names is confusing to anglers who attempt to compare the names with the official names of classified shellfish ("sea" scallops, "common" scallops, "sea" mussels). Clarification will reduce angler confusion. All classified shellfish have a recreational daily limit except tanner crab. While very few tanner crab are taken by recreational anglers, establishing a six crab daily limit is consistent with the ocean daily limit for Dungeness and red rock crab.

Reasons Supporting Proposal: Clarification and consistency.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington Department of Fish and Wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, WA, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, WA, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, WA, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule affects the recreational harvest of shellfish only. It has no effect on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. Not hydraulics rules.

June 4, 2004

Evan Jacoby

Rules Coordinator

OTS-7274.1


AMENDATORY SECTION(Amending Order 04-39, filed 3/4/04, effective 5/1/04)

WAC 220-56-310   Shellfish -- Daily limits.   It is unlawful for any one person to take in any one day for personal use more than the following quantities and sizes of shellfish:

(1) Cockles, borers and clams in the shell, other than razor clams, geoduck clams and horse clams, 40 clams in the aggregate, or 10 pounds, whichever is achieved first except:

(a) In Skagit Bay, east of a line projected from Browns Point to Swinomish Slough entrance - diggers may additionally retain up to 20 pounds of eastern softshell clams in the shell.

(b) Willapa Bay - diggers may additionally retain up to twenty-four cockles.

(2) Razor clams: 15 clams.

(3) Geoduck clams: 3 clams.

(4) Horse clams: 7 clams.

(5) Oysters: 18 oysters, shucked and the shells left on the beach. Minimum size before shucking two and one-half inches along the longest dimension of the shell.

(6) Rock scallops: 12 scallops.

(7) ((Sea)) Weathervane scallops: 12 scallops (over 4 inches).

(8) ((Common or)) Spiny and pink scallops: 10 pounds or 5 quarts in the shell, in the aggregate.

(9) Shrimp:

(a) In all waters - total weight 10 pounds and fishers must retain the heads of all shrimp taken while in the field except in the Hood Canal and Port Angeles Shrimp Districts. Spot shrimp: Maximum 80 shrimp as part of the 10 pound limit. Spot shrimp minimum size one and three-sixteenths inch from the base of the eyestalk to the top rear edge of the carapace except in the Hood Canal and Port Angeles Shrimp Districts.

(b) In the Port Angeles Shrimp District - Spot shrimp: No minimum size.

(c) In the Hood Canal Shrimp District - 80 shrimp regardless of weight. No minimum size for spot shrimp. Fishers are not required to retain the heads of shrimp.

(10) Octopus: 1 octopus.

(11) Pinto abalone: Closed statewide.

(12) Crawfish: 10 pounds in the shell. Minimum size 3 1/4 inches from tip of rostrum to tip of tail. Female crawfish with eggs or young attached to the abdomen must be released immediately.

(13) Squid: 10 pounds or 5 quarts.

(14) Sea cucumbers: 25 sea cucumbers.

(15) Red sea urchins: 18 sea urchins.

(16) Purple sea urchins: 18 sea urchins.

(17) Green sea urchins: 36 sea urchins.

(18) Dungeness crabs:

(a) In all waters except the Columbia River and when fishing from the north jetty of the Columbia River - 6 male crabs.

(b) In the Columbia River upstream of a line from the outermost end of the north jetty to the exposed end of the south jetty, or when fishing from the north jetty of the Columbia River - 12 male crabs.

(19) Red rock crabs: 6 crabs.

(20) ((Blue)) Mussels ((and sea mussels)): 10 pounds in the shell, in the aggregate.

(21) Goose barnacles: 10 pounds of whole barnacles or 5 pounds of barnacle stalks.

(22) Ghost and mud shrimp: 10 dozen.

(23) King and box crab: Closed statewide.

(24) Tanner crabs: 6 crabs.

[Statutory Authority: RCW 77.12.047. 04-07-009 (Order 04-39), 220-56-310, filed 3/4/04, effective 5/1/04; 02-08-048 (Order 02-53), 220-56-310, filed 3/29/02, effective 5/1/02. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), 220-56-310, filed 3/29/00, effective 5/1/00; 99-15-081 (Order 99-102), 220-56-310, filed 7/20/99, effective 8/20/99; 99-08-029 (Order 99-13), 220-56-310, filed 3/30/99, effective 5/1/99; 98-06-031, 220-56-310, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), 220-56-310, filed 3/19/97, effective 5/1/97; 95-04-066 (Order 95-10), 220-56-310, filed 1/30/95, effective 5/1/95; 93-08-034 (Order 93-20), 220-56-310, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-310, filed 5/12/92, effective 6/12/92; 90-06-026, 220-56-310, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-310, filed 3/16/89; 88-12-025 (Order 88-28), 220-56-310, filed 5/25/88, effective 8/22/88; 88-10-013 (Order 88-15), 220-56-310, filed 4/26/88; 87-09-066 (Order 87-16), 220-56-310, filed 4/21/87; 86-24-046 (Order 86-190), 220-56-310, filed 11/26/86; 86-09-020 (Order 86-08), 220-56-310, filed 4/9/86; 85-12-046 (Order 85-57), 220-56-310, filed 6/5/85; 84-09-026 (Order 84-22), 220-56-310, filed 4/11/84; 83-04-027 (Order 83-06), 220-56-310, filed 1/27/83; 82-07-047 (Order 82-19), 220-56-310, filed 3/18/82; 80-03-064 (Order 80-12), 220-56-310, filed 2/27/80, effective 4/1/80.]

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