PERMANENT RULES
FISH AND WILDLIFE
Date of Adoption: July 21, 2000.
Purpose: Adopt personal use rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-44-050 and 220-44-080.
Statutory Authority for Adoption: Section 7, chapter 107, Laws of 2000.
Adopted under notice filed as WSR 00-10-038 on April 25, 2000.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.
July 21, 2000
J. P. Koenings
Director
OTS-3951.1
AMENDATORY SECTION(Amending Order 98-121, filed 7/7/98,
effective 8/7/98)
WAC 220-44-050
Coastal bottomfish catch limits.
(1) 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-1, 59A-2, 59B, 60A-1, 60A-2, 61, 62, and 63:
(a) Pacific Ocean perch - Two-month cumulative limit of
8,000 pounds. No minimum size.
(b) Widow rockfish - Two-month cumulative limit of 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 (48°09'30" N.
latitude) and between Destruction Island (47°40'00" N. latitude)
and Leadbetter Point (46°38'10" 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.
(e) Sebastes complex - All species of rockfish except
Pacific Ocean perch, widow, shortbelly and thornyhead
(Sebastolobus spp.) - Two-month cumulative limit of 40,000
pounds, of which no more than 11,000 pounds may be yellowtail
rockfish and no more than 15,000 pounds may be canary rockfish. No minimum size on any species in this category.
(f) DTS Complex - (sablefish, dover sole and thornyhead
rockfish) - 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 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 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.
(h) Pacific whiting - Vessel trip limit of 10,000 pounds. No minimum size.
(i) Lingcod - Two-month cumulative limit of 1,000 pounds. Total length minimum size limit of 24 inches. Lingcod total
length of 24 inches is equivalent to dressed length of 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-1, 59A-2, 59B, 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 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 (48°09'30" N.
latitude) and between Destruction Island (47°40'00" N. latitude)
and Leadbetter Point (46°38'10" 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 1,000 pounds. Total length minimum size limit of 24 inches. Lingcod total
length of 24 inches is equivalent to dressed length of 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.
(e) Thornyhead rockfish - 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)) established
by the Pacific Fisheries Management Council and published in the
Federal Register, Volume 65, No. 2, beginning on page 221,
published January 4, 2000. Therefore, persons must consult the
federal regulations, which incorporated by reference and made a
part of chapter 220-44 WAC. Where rules refer to the fishery
management area, that area is extended to include Washington
state waters coterminous with the exclusive economic zone. A
copy of the federal rules may be obtained by contacting Evan
Jacoby at (360) 902-2930.
(2) At the time of landing of coastal bottomfish into Washington port, the fish buyer receiving the fish is required to clearly mark on the fish receiving ticket in the space reserved for dealer's use all legally defined trawl gear aboard the vessel at the time of delivery. The three trawl gear types are: Midwater trawl, roller trawl and small foot rope trawl (foot rope less than eight inches in diameter). The notation of the gear type(s) aboard the vessel is required prior to the signing of the fish receiving ticket by the vessel representative.
(3) Vessels engaged in chartered research for National Marine Fisheries Service (NMFS) may land and sell bottomfish caught during that research without the catch being counted toward any trip or cumulative limit for the participating vessel. Vessels that have been compensated for research work by NMFS with an exempted fishing permit (EFP) to land fish as payment for such research may land and sell fish authorized under the EFP without the catch being counted toward any trip or cumulative limit for the participating vessel. Any bottomfish landed during authorized NMFS research or under the authority of a compensating EFP for past chartered research work must be reported on a separate fish receiving ticket and not included on any fish receiving ticket reporting bottomfish landed as part of any trip or cumulative limit. Bottomfish landed under the authority of NMFS research work or an EFP compensating research with fish must be clearly marked "NMFS Compensation Trip" on the fish receiving ticket in the space reserved for dealer's use. The NMFS scientist in charge must sign the fish receiving ticket in the area reserved for dealer's use if any bottomfish are landed during authorized NMFS research. If the fish are landed under the authority of an EFP as payment for research work, the EFP number must be listed in the dealer's use space.
(4) It is unlawful for an original receiver to receive whiting and whiting by-catch under the authority of an exempted fishing permit (EFP) issued by the National Marine Fisheries Service through the department unless the original receiver has entered into a signed agreement with the department specifying the responsibilities of the original receiver in conjunction with the whiting EFP fishery. Failure to comply with the terms of the agreement shall be cause to remove the original receiver from the list of original receivers allowed to receive unsorted whiting catches from EFP vessels.
[Statutory Authority: RCW 75.08.080. 98-15-033 (Order 98-121), § 220-44-050, filed 7/7/98, effective 8/7/98; 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.]
It shall be
unlawful for any operator of otter trawl gear to fail to possess
and maintain a "Washington-Oregon-California Trawl Logbook" while
fishing 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. The logbook must be kept aboard the vessel
while it is fishing in the above areas, or while having fish
aboard that were caught in the above areas. The vessel operator
must submit the completed logbook for inspection immediately upon
request by authorized department ((of fisheries))
representatives. For each vessel trip, the operator shall record
the vessel name and registration number, crew size, ((fuel
used,)) departure and return date and time, ((general locality
fished)) and buyers of fish landed. For each trawl tow conducted
the vessel operator shall record the month and day, ((duration of
tow, area)) time gear was set and retrieved, latitude and
longitude fished, depth fished, net type, target species, and
estimated weight of ((each)) species of fish retained. Species
or species groups with trip or cumulative limits must be
identified separately and cannot be recorded in combination with
other species. The department's copies of completed log sheets
must be submitted to the department for each month in which
fishing activity occurs. The department's copies must be
received within ten days following any calendar month in which
fishing activity occurred, or within ten days following the
termination of commercial fishing activity, whichever occurs
first.
[Statutory Authority: RCW 75.08.080. 98-05-043, § 220-44-080, filed 2/11/98, effective 3/14/98; 85-08-023 (Order 85-24), § 220-44-080, filed 4/1/85.]