WSR 11-15-003

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-142 -- Filed July 6, 2011, 12:19 p.m. , effective August 6, 2011 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The purpose of this proposal is to align state regulations with federal regulations. The changes would reduce the state's recreational bottomfish aggregate daily limit from fifteen to twelve and implement a sublimit of two cabezon per day in Marine Catch Areas 1-3 and 4, west of the Bonilla-Tatoosh line. The federal aggregate bottomfish daily limit and cabezon sublimit is listed in C.F.R. Title 50, Part 660.

Reasons supporting proposal: This proposal will protect bottomfish resources in Washington's coastal waters and was discussed during public meetings of the Pacific Fisheries Management Council (PFMC) and the Washington department of fish and wildlife. The changes were approved by PFMC as part of its biennial groundfish management cycle.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-235.

Statutory Authority for Adoption: RCW 77.04.020, 77.12.045, and 77.12.047.

Other Authority: C.F.R. Title 50, Part 660.

Adopted under notice filed as WSR 11-10-093 on May 4, 2011.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 6, 2011.

Philip Anderson

Director

OTS-3964.1


AMENDATORY SECTION(Amending Order 11-30, filed 3/23/11, effective 4/23/11)

WAC 220-56-235   Possession limits--Bottomfish.   It is unlawful for any person to take in any day more than the following quantities of bottomfish for personal use. The possession limit at any time shall not exceed the equivalent of two daily limits in fresh, frozen or processed form. Unless otherwise provided bottomfish fishing is open the entire year.

(1) Coastal (Catch Record Card Areas 1 through 4) - ((15)) 12 fish in the aggregate, except east of the Bonilla-Tatoosh line - 10 fish in the aggregate, of all species and species groups of bottomfish, which may include no more than:

(a) Lingcod - 2 fish:

(i) Minimum length 22 inches in Catch Record Card Areas 1 through 3.

(ii) Minimum length 24 inches in Catch Record Card Area 4.

(b) Rockfish - 10 fish. Release all canary and yelloweye rockfish. In Marine Area 4 east of the Bonilla Tatoosh Line: 6 fish. Only black or blue rockfish may be retained.

(c) ((Surfperch (excluding shiner perch) - 15 fish.

(d))) Wolfeel - 0 fish from Catch Record Card Area 4.

(((e))) (d) Cabezon - 2 fish ((east of the Bonilla-Tatoosh line)).

(2) Inner Puget Sound (Catch Record Card Areas 5 through 13):

(a) Catch Record Card Areas 5 and 6 - 15 fish in the aggregate of all species and species groups of bottomfish, which may include no more than:


Rockfish in Marine Area 5 except 1 fish May 1 through September 30 only black or blue rockfish may be retained.
in Marine Area 5 west of Slip Point 3 fish only black or blue rockfish may be retained.
in Marine Area 6. 0 fish
Surfperch 10 fish
Pacific cod 2 fish
Pollock 2 fish
Flatfish (except halibut) 15 fish
Lingcod 1 fish
Wolf-eel 0 fish
Cabezon 2 fish
Pacific hake 2 fish

(b) Catch Record Card Area 7 - 15 fish in the aggregate of all species of bottomfish, which may include no more than:

Rockfish 0 fish
Surfperch 10 fish
Pacific cod 2 fish
Flatfish (except halibut) 15 fish
Lingcod 1 fish
Wolf-eel 0 fish
Cabezon 2 fish
Pollock 2 fish
Pacific hake 2 fish

(c) Catch Record Card Areas 8-1 through 11 and 13 - 15 fish in the aggregate of all species and species groups of bottomfish, which may include no more than:


Rockfish 0 fish
Surfperch 10 fish
Pacific cod 0 fish
Pollock 0 fish
Flatfish (except halibut) 15 fish
Lingcod 1 fish
Wolf-eel 0 fish
Cabezon 2 fish
Pacific hake 0 fish

(d) Catch Area 12: Closed.

(e) It is unlawful to possess lingcod taken by angling or by spear fishing less than 26 inches in length or greater than 36 inches in length.

(f) It is unlawful to retain cabezon taken from Catch Record Card Areas 5 through 11 and 13 from December 1 through April 30.

(g) It is unlawful to retain six-gill shark taken from Catch Record Card Areas 5 through 13.

(h) In Catch Record Area 5, the daily limit for rockfish is the first legal rockfish caught, except west of Slip Point the daily limit for rockfish is the first three legal rockfish caught. Only black or blue rockfish may be retained. After the daily limit of rockfish is caught, all subsequent rockfish must be released.

(i) In Catch Record Card Area 5, it is unlawful to take rockfish by spear fishing except when this area is open to spear fishing for lingcod.

[Statutory Authority: RCW 77.04.020, 77.12.045, 77.12.047 and 50 C.F.R., Parts 223 and 224. 11-07-107 (Order 11-30), 220-56-235, filed 3/23/11, effective 4/23/11. Statutory Authority: RCW 77.12.047. 10-07-105 (Order 10-64), 220-56-235, filed 3/19/10, effective 5/1/10. Statutory Authority: RCW 77.12.047 and 77.65.200. 07-12-080, 220-56-235, filed 6/5/07, effective 7/6/07. Statutory Authority: RCW 77.12.047. 04-17-098 (Order 04-218), 220-56-235, filed 8/17/04, effective 9/17/04; 04-07-009 (Order 04-39), 220-56-235, filed 3/4/04, effective 5/1/04; 03-16-100 (Order 03-178), 220-56-235, filed 8/6/03, effective 9/6/03; 03-05-057 (Order 03-24), 220-56-235, filed 2/14/03, effective 5/1/03; 02-09-001 (Order 02-53A), 220-56-235, filed 4/3/02, effective 5/4/02; 01-06-036 (Order 01-24), 220-56-235, filed 3/5/01, effective 5/1/01. Statutory Authority: 2000 c 107 7. 00-17-016 (Order 00-139), 220-56-235, filed 8/3/00, effective 9/3/00. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), 220-56-235, filed 3/29/00, effective 5/1/00; 99-15-081 (Order 99-102), 220-56-235, filed 7/20/99, effective 8/20/99. Statutory Authority: RCW 75.08.080. 98-15-032 (Order 98-119), 220-56-235, filed 7/7/98, effective 8/7/98; 97-07-078 (Order 97-53), 220-56-235, filed 3/19/97, effective 5/1/97; 96-05-004 (Order 96-13), 220-56-235, filed 2/9/96, effective 5/1/96; 95-04-066 (Order 95-10), 220-56-235, filed 1/30/95, effective 5/1/95; 94-14-069, 220-56-235, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-235, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-235, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), 220-56-235, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-235, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-235, filed 3/16/89; 88-10-013 (Order 88-15), 220-56-235, filed 4/26/88; 85-09-017 (Order 85-20), 220-56-235, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-235, filed 4/11/84; 83-07-043 (Order 83-16), 220-56-235, filed 3/17/83; 80-07-017 (Order 80-45), 220-56-235, filed 6/11/80; 80-03-064 (Order 80-12), 220-56-235, filed 2/27/80, effective 4/1/80.]

Washington State Code Reviser's Office