WSR 05-21-067

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-245 -- Filed October 14, 2005, 3:09 p.m. , effective November 14, 2005 ]


     

     Purpose: Adopt hagfish emerging commercial fishery rules.

     Statutory Authority for Adoption: RCW 77.12.047.

      Adopted under notice filed as WSR 05-16-059 on July 29, 2005.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: October 8, 2005.

Susan Yeager

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-8252.1


NEW SECTION
WAC 220-88E-010   Designation of the hagfish pot fishery as an emerging commercial fishery.   The director designates the hagfish pot fishery as an emerging commercial fishery for which use of a vessel is required. It is unlawful to fish for, possess, or deliver hagfish taken for commercial purposes unless the fisher has a valid emerging commercial fishery license and a hagfish pot trial fishery permit.

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NEW SECTION
WAC 220-88E-020   Emerging commercial fishery -- Eligibility for trial fishery permits -- Incidental catch.   (1) An individual may not hold more than one Washington hagfish pot trial permit.

     (2) Hagfish pot trial fishery permits are not transferable. Only the vessel designated on the emerging commercial fishery license and hagfish pot trial fishery permit may be used to fish for or deliver hagfish.

     (3) A hagfish trial fishery permit will be issued only to a natural person who has a valid emerging commercial fishery license.

     (4) Incidental catch:

     (a) It is unlawful to retain any species other than hagfish.

     (b) All species other than hagfish must be carefully handled and returned to the water promptly.

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NEW SECTION
WAC 220-88E-030   Hagfish pot trial fishery -- Season and gear.   It is unlawful to fish for hagfish for commercial purposes except as provided in this section:

     (1) Season - Open year-round to hagfish pot gear only.

     (2) Area - Open only in Pacific Ocean waters greater than 50 fathoms in depth.

     (3) Gear restrictions:

     (a) Maximum of 50 hagfish pots per permit. Pots may be fished individually or on a common ground line.

     (b) Hagfish pot gear requirements:

     (i) Maximum entrance tunnel size of eleven square inches. Entrance tunnels may be of any shape.

     (ii) Each pot is required to have at least one escape exit of at least nine and one-half square inches in opening and which must be constructed of 120 thread size or smaller untreated cotton twine.

     (c) Buoy requirements: Hag fish pot gear must be buoyed. Marker buoys must be floating and visible on the surface of the water, equipped with a pole, flag, radar reflector and operating light, and marked with the clear identification of the permittee. If ground lines are used, ground line end marker buoys must display the number of pots on the ground line.

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NEW SECTION
WAC 220-88E-040   Hagfish pot trial fishery -- Logbook required.   It is unlawful for a participant in the hagfish pot trial fishery to fail to complete the department-supplied logbook with all indicated entries. Logbook information is required to be submitted quarterly, and it is unlawful to fail to remit the information by April 15, July 15, October 15 or January 15 for the previous quarter, whether or not fishing activity occurred during that quarter. Failure to submit logbook information may result in revocation of the trial fishery permit.

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