Purpose: Amend coastal bottomfish catch limits.

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: Amends coastal bottomfish rules to conform with seasons set by the Pacific Fisheries Management Council.

Reasons Supporting Proposal: Allow catch of harvestable bottomfish while conserving resource for future reproduction.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Bruce Crawford, 1111 Washington Street, Olympia, 902-2325; and Enforcement: Ron Swatfigure, 1111 Washington Street, Olympia, 902-2927.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: Coastal bottomfish are managed on an annual catch limit basis, and yearly changes are made, based on the previous year's catch and harvest limit projections. These limits are set by the Pacific Fisheries Management Council, and affect fishing in territorial and offshore waters. This rule sets the 1998 catch limits and allows a take of the harvestable surplus.

Proposal Changes the Following Existing Rules: Amends catch limits.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Evan Jacoby, Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091, AND RECEIVED BY June 20, 1998.

April 21, 1998

Evan Jacoby

Rules Coordinator

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

WAC 220-44-050  Coastal bottomfish catch limits. It is unlawful to possess, transport through the waters of the state, or land in any Washington state port bottomfish taken from Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A, 59B, 60A, 61, 62, or 63 in excess of the amounts or less than the minimum sizes shown below for the species indicated. All weights are in round pounds:

(1) The following definitions apply to this section:

(a) Cumulative limit. A cumulative limit is the maximum amount of fish that may be taken and retained, possessed or landed per vessel per calendar month, without a limit on the number of landings or trips. For B-platoon vessels (see (b) of this subsection) a calendar month is the 16th of the month through the 15th of the following month. B-platoon vessels may take the final two cumulative limits during the November 16-December 31 period with no restriction on the amount of the total which can be harvested in either calendar month. The cumulative limit includes all fish harvested by a vessel during the month, whether taken in limited entry or open access fisheries. Once a cumulative limit has been achieved, an operator may begin fishing on the next cumulative limit so long as the fish are not landed until after the beginning of the next cumulative limit.

(b) Two-month cumulative limit is the maximum amount of fish that may be taken and retained, possessed or landed per vessel per two fixed-calendar month period, without a limit on the number of landings or trips. The fixed two-month periods are January-February, March-April, May-June, July-August, September-October and November-December, except for vessels that have elected to be endorsed in the "B-platoon" on their trawl federal limited entry permit. Two-month cumulative periods for B-platoon vessels are January 16-March 15, March 16-May 15, May 16-July 15, July 16-September 15, September 16-November 15, and November 16-December 31. No more than sixty percent of any two-month cumulative limit may be taken and retained, possessed or landed per vessel in either calendar month of the fixed, two-month period except for vessels in the B-platoon during November 16-December 31, during which the two-month cumulative limit may be taken with no percentage restriction. The first calendar month for purposes of the 60 percent restriction for B-platoon vessels in other periods begins on the 16th of the first month of the B-platoon two-month cumulative period as set out above through the 15th of the following month and the second calendar month begins on the 16th of the second month through the end of the two-month cumulative period. The two-month cumulative limit includes all fish harvested by a vessel during the two-month period, whether taken in limited entry or open access fisheries. Once a two-month cumulative limit has been achieved, an operator may begin fishing on the next two-month cumulative limit so long as the fish are not landed until after the beginning of the next two-month cumulative period.

(c) Vessel trip. A vessel trip is defined as having occurred upon the initiation of transfer of catch from a fishing vessel.

(d) Vessel trip limit. The amount of fish that may not be exceeded per vessel trip. All fish aboard a fishing vessel upon the initiation of transfer of catch are to be counted towards the vessel trip limit.

(e) Daily trip limit. The maximum amount of fish that may be taken and retained, possessed, or landed per vessel from a single fishing trip in 24 consecutive hours, starting at 0001 hours local time.

(f) Groundfish limited entry fishery - Fishing activity by a trawl, setline or bottomfish pot equipped vessel that has received a federal limited entry permit issued by the National Marine Fisheries Service endorsed for the qualifying gear type.

(g) Groundfish open access fishery - Fishing activity by a vessel equipped with setline or bottomfish pot gear that has not received a federal limited entry permit, or a vessel using gear other than trawl, setline or bottomfish pot gear.

(h) Dressed length - The dressed length of a fish is the distance from the anterior insertion of the first dorsal fin to the tip of the tail.

(2) Groundfish limited entry fishery limits. The following limits apply to the groundfish limited entry fishery in Coastal Marine Fish-Shellfish Management and Catch Reporting Areas 58B, ((59A)) 59A-1, 59A-2, 59B, ((60A)) 60A-1, 60A-2, 61, 62, and 63:

(a) Pacific Ocean perch - Two-month cumulative limit of ((10,000)) 8,000 pounds. No minimum size.

(b) Widow rockfish - Two-month cumulative limit of ((70,000)) 25,000 pounds. No minimum size.

(c) Shortbelly rockfish - No maximum poundage. No minimum size.

(d) Black rockfish - The vessel trip limit for black rockfish for commercial fishing vessels using hook-and-line gear between the U.S. Canada border and Cape Alava (4809'30" N. latitude) and between Destruction Island (4740'00" N. latitude) and Leadbetter Point (4638'10" N. latitude), ((and fishing beyond the three-mile territorial limit)) is 100 pounds (round weight) or 30 percent by weight of all fish on board including salmon, whichever is greater, per vessel trip.

(e) Sebastes complex - All species of rockfish except Pacific Ocean perch, widow, shortbelly and thornyhead (Sebastolobus spp.)((.

(i) North of Cape Lookout and south of Cape Lookout if no declaration has been made)) - Two-month cumulative limit of ((70,000)) 40,000 pounds, of which no more than ((32,000)) 11,000 pounds may be yellowtail rockfish and no more than ((18,000)) 15,000 pounds may be canary rockfish. No minimum size on any species in this category.

(((ii) South of Cape Lookout - Two-month cumulative limit of 100,000 pounds of which no more than 70,000 pounds may be yellowtail rockfish and no more than 18,000 pounds may be canary rockfish, provided the licensee has made a declaration as follows:

(A) The declaration must be made at least 12 hours prior to departing from port by telephoning the department Montesano office at (360) 249-4628, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. The declarer will receive a declaration number from the department.

(B) The declaration must include: Vessel name; federal limited entry permit number; operator's name, phone number and address; anticipated date and port of departure; anticipated date and port of return.

(C) Phone declarations must be followed by a written declaration, signed by the operator and mailed or delivered to the Montesano office at 48 Devonshire Road, Montesano, WA 98563, prior to the day of departure. Forms are available at that office or from coastal processors.

(D) No fishing north of Cape Lookout is allowed after declaring for fishing south of Cape Lookout until the vessel has landed at a Washington or Oregon port and notified the Montesano office during business hours.

(iii) There is a maximum two-month cumulative limit for landings from both north and south of Cape Lookout of 100,000 pounds of which no more than 70,000 pounds may be yellowtail rockfish and no more than 18,000 pounds may be canary rockfish.

(iv) Wholesale fish dealers purchasing more than 42,000 pounds of the Sebastes complex, 19,200 pounds of yellowtail rockfish or 10,800 pounds of canary rockfish must enter the declaration number on the fish receiving ticket.))

(f) DTS Complex - (sablefish, dover sole and thornyhead rockfish) - ((Two-month cumulative limit of 70,000 pounds, of which no more than 12,000 pounds may be sablefish and not more than 20,000 pounds may be thornyhead rockfish of which no more than 4,000 pounds may be shortspine thornyheads.)) For the January-February two-month cumulative period, two-month cumulative limit of 59,000 pounds, of which not more than 40,000 pounds may be Dover sole; not more than 5,000 pounds may be sablefish for trawl vessels and not more than 1,500 pounds may be sablefish for nontrawl vessels; not more than 10,000 pounds may be longspine thornyhead rockfish, and not more than 4,000 pounds may be shortspine thornyhead. Effective 12:01 a.m., March 1, two-month cumulative limit of 37,000 pounds, of which not more than 18,000 pounds may be Dover sole; not more than 5,000 pounds may be sablefish for trawl vessels and not more than 1,500 pounds may be sablefish for nontrawl vessels; not more than 10,000 pounds may be longspine thornyhead rockfish, and not more than 4,000 pounds may be shortspine thornyhead.

(g) Sablefish.

(i) Trawl vessels - Not more than 500 pounds (((round weight))) of sablefish per trip may be sablefish less than 22 inches total length. Sablefish total length of 22 inches is equivalent to dressed length of 15.5 inches. To convert sablefish from dressed weight to round weight, multiply the dressed weight by 1.6.

(ii) Nontrawl vessels - Daily trip limit of 300 pounds (((round weight))) not to exceed 1,500 pounds in any single calendar month. The 60 percent restriction does not apply to nontrawl vessel sablefish landings. No minimum size. ((Effective 0001 hours September 1, 1996, no maximum poundage. Not more than 1,500 pounds or 3 percent of all sablefish aboard, per trip, may be sablefish less than 22 inches in length (15.5 inches dressed length).))

(h) Pacific whiting - Vessel trip limit of 10,000 pounds. No minimum size. ((Effective 0001 hours May 15, 1996, no maximum poundage.))

(i) Lingcod - Two-month cumulative limit of ((40,000)) 1,000 pounds. Total length minimum size limit of ((22)) 24 inches. Lingcod total length of ((22)) 24 inches is equivalent to dressed length of ((18)) 19.5 inches. To convert lingcod from dressed weight to round weight, multiply the dressed weight by 1.5. To convert lingcod from dressed, head on (gutted only) weight, multiply the dressed weight by 1.1. It is lawful to land up to 100 pounds of lingcod under 24 inches taken in the trawl fishery only.

(3) Groundfish open access fishery limits. The following limits apply to the ground fish open access fishery in Coastal Marine Fish-Shellfish Management and Catch Reporting Areas 58B, ((59A)) 59A-1, 59A-2, 59B, ((60A)) 60A-1, 60A-2, 61, 62, and 63. Notwithstanding the provisions of this subsection, no groundfish open access fishery limit may exceed a groundfish limited entry fishery daily, vessel or cumulative limit or exceed fifty percent of a ground fish limited entry fishery two-month cumulative limit:

(a) Sablefish - Daily trip limit of 300 pounds (round weight) not to exceed 600 pounds in any two-month cumulative period. The 60 percent restriction does not apply to open access sablefish landings. No minimum size.

(b) Rockfish.

Vessel trip limit of 10,000 pounds. Cumulative trip limit of ((35,000)) 40,000 pounds except black rockfish and thornyhead rockfish.

(c) Black rockfish - The vessel trip limit for black rockfish for commercial fishing vessels using hook-and-line gear between the U.S. Canada border and Cape Alava (4809'30" N. latitude) and between Destruction Island (4740'00" N. latitude) and Leadbetter Point (4638'10" N. latitude), is 100 pounds (round weight) or 30 percent by weight of all fish on board including salmon, whichever is greater, per vessel trip.

(d) Lingcod - Two-month cumulative limit of ((20,000)) 1,000 pounds. Total length minimum size limit of ((22)) 24 inches. Lingcod total length of ((22)) 24 inches is equivalent to dressed length of ((18)) 19.5 inches. To convert lingcod from dressed weight to round weight, multiply the dressed weight by 1.5. To convert lingcod from dressed head on (gutted only) weight, multiply the dressed weight by 1.1. The 60 percent restriction does not apply to open access lingcod landings.

(((d))) (e) Thornyhead rockfish - ((Daily trip limit of 50 pounds (round weight). No minimum size.)) Illegal to take, possess, transport or land thornyhead rockfish.

(4) It is unlawful for the operator of any vessel during unloading of the catch and prior to its being weighed or leaving the unloading facility to intermix with any other species a species or category of bottomfish having a cumulative limit, vessel trip limit, or a daily trip limit.

(5) The fisher's copy of all fish receiving tickets showing landings of species provided for in this section must be retained aboard the landing vessel for 90 days after landing.

[Statutory Authority: RCW 75.08.080. 98-05-043, § 220-44-050, filed 2/11/98, effective 3/14/98; 96-11-055 (Order 96-43), § 220-44-050, filed 5/9/96, effective 6/9/96; 95-08-069 (Order 95-29), § 220-44-050, filed 4/4/95, effective 5/5/95; 94-13-077 (Order 94-51), § 220-44-050, filed 6/10/94, effective 7/11/94; 93-07-093 (Order 93-16), § 220-44-050, filed 3/22/93, effective 4/22/93; 92-07-008 (Order 97-07), § 220-44-050, filed 3/6/92, effective 4/16/92; 91-07-050 (Order 91-12), § 220-44-050, filed 3/18/91, effective 4/18/91; 90-13-108 (Order 90-26), § 220-44-050, filed 6/21/90, effective 7/22/90. Statutory Authority: RCW 75.08.070 and 75.08.080. 89-14-069 (Order 89-54), § 220-44-050, filed 6/30/89; 89-06-030 (Order 89-07), § 220-44-050, filed 2/24/89; 88-14-020 (Order 88-42), § 220-44-050, filed 6/28/88. Statutory Authority: RCW 75.08.080. 87-07-042 (Order 87-17), § 220-44-050, filed 3/16/87; 86-12-027 (Order 86-39), § 220-44-050, filed 5/28/86. Statutory Authority: RCW 75.08.070 and 75.08.080. 85-07-022 (Order 85-17), § 220-44-050, filed 3/13/85. Statutory Authority: RCW 75.08.080. 84-08-014 (Order 84-24), § 220-44-050, filed 3/27/84; 83-17-030 (Order 83-88), § 220-44-050, filed 8/10/83; 83-10-016 (Order 83-31), § 220-44-050, filed 4/26/83.]