WSR 01-07-016

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-36 -- Filed March 13, 2001, 11:41 a.m. ]

Date of Adoption: February 10, 2001.

Purpose: Establish sardine emerging commercial fishery.

Citation of Existing Rules Affected by this Order: Amending WAC 220-33-060 and 220-44-020.

Statutory Authority for Adoption: RCW 77.12.047

Adopted under notice filed as WSR 01-02-082 on January 2, 2001.

Changes Other than Editing from Proposed to Adopted Version: WAC 220-88C-020, change statutory reference from RCW 75.28.125(2) to 77.65.210.

WAC 220-88C-040, change season opening from May 1 to May 15; and, "(3) The transfer of catch from one vessel to another vessel is prohibited." add "(4) Legal purse seine gear must be aboard the vessel making the landing."

WAC 220-88C-050(2), delete "Landings by vessels other than the permitted catcher vessel are prohibited."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

March 9, 2001

Debbie Nelson

for Russell W. Cahill, Chair

Fish and Wildlife Commission

OTS-4177.1


AMENDATORY SECTION(Amending Order 95-166, filed 11/8/95, effective 12/9/95)

WAC 220-33-060   Herring and anchovies.   It is unlawful to fish for herring or anchovies in the lower Columbia River for commercial purposes or to possess herring or anchovies taken from those waters for commercial purposes, except as provided in this section:


Gear


(1) Purse seine and lampara gear may be used to fish for herring or anchovies if the cork line of the gear does not exceed 1,400 feet in length and the mesh size of the gear is not less than one-half inch stretch measure.

(2) It is unlawful to fish with purse seine or lampara gear in the waters of the Columbia River if any part of the purse seine or lampara is in waters that are less than 20 feet deep.


Licensing


(3)(a) A baitfish purse seine fishery license is a license required to operate a gear provided for in this section and allows the operator to retain anchovies.

(b) A herring purse seine fishery license is a license required to operate a gear provided for in this section and allows the operator to retain herring.

(c) A baitfish lampara fishery license is a license required to operate a gear provided for in this section and allows the operator to retain anchovies.

(d) A herring lampara fishery license is a license required to operate a gear provided for in this section and allows the operator to retain herring.


Fishing periods


(4) Purse seine and lampara gear may be used to fish for herring or anchovies in SMCRA 1A 7 days per week from January 1 through December 31 of each year.


General


(5) Species of fish other than herring or anchovies, except shad and pilchard, taken in the operation of the purse seine and lampara gear shall be returned immediately to the water. Pilchard taken incidental to the herring and anchovy fisheries provided for in this section may not exceed twenty-five percent of the weight of any landing.

[Statutory Authority: RCW 75.08.080. 95-23-020 (Order 95-166), 220-33-060, filed 11/8/95, effective 12/9/95; 94-12-009 (Order 94-23), 220-33-060, filed 5/19/94, effective 6/19/94; 88-18-066 (Order 88-86), 220-33-060, filed 9/2/88.]

OTS-4178.1


AMENDATORY SECTION(Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-44-020   Coastal baitfish gear.   It is unlawful to fish for or possess smelt, anchovies, candlefish, herring or pilchard taken for commercial purposes from Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A, 59B, or 60A, except as provided for in this section.

(1)(a) It is unlawful to fish for or possess smelt taken for commercial purposes except by hand net gear not exceeding 72 inches maximum frame width. It is unlawful to take smelt for commercial purposes during weekly closed periods from 8:00 a.m. Friday to 8:00 a.m. Sunday.

(b) Licensing: A smelt dip bag net fishery license is the license required to operate the gear provided for in this section.

(c) Incidental catch: It is lawful to retain only anchovies and candlefish taken incidental to a lawful smelt fishery.

(2)(a) It is unlawful to fish for or possess candlefish or anchovies taken for commercial purposes with any gear except purse seine or lampara not exceeding 1,400 feet in length nor having mesh size less than 1/2 inch, or dip bag net not exceeding 72 inches maximum frame width.

(b) Licensing:

(i) A baitfish lampara fishery license is the license required to operate the lampara gear provided for in this section.

(ii) A baitfish purse seine fishery license is the license required to operate the purse seine gear provided for in this section.

(iii) A smelt dip bag net fishery license is the license required to operate the hand dip net gear provided for in this section.

(c) Incidental catch: It is lawful to retain only shad and pilchard taken incidental to a lawful anchovy or candlefish fishery. Pilchard may not exceed twenty-five percent of the weight of the landing. Any sturgeon must be released unharmed.

(3)(a) It is unlawful to fish for or possess herring or pilchard taken for commercial purposes except as authorized by permit issued by the director, except pilchard taken incidental to candlefish and anchovy.

(b) Licensing:

(i) An emerging commercial fishery license is the license for a permittee to fish for or retain pilchard.

(ii) Herring dip bag net, herring drag seine, herring gill net, herring lampara or herring purse seine are the licenses for a permittee to fish for or retain herring.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-44-020, filed 5/19/94, effective 6/19/94; 84-08-014 (Order 84-24), 220-44-020, filed 3/27/84; 79-06-085 (Order 79-38), 220-44-020, filed 6/4/79; 78-10-046 (Order 78-83), 220-44-020, filed 9/20/78; 78-05-067 and 78-06-002 (Order 78-20), 220-44-020, filed 4/27/78 and 5/4/78; 78-04-039 (Order 78-11), 220-44-020, filed 3/20/78; Order 77-14, 220-44-020, filed 4/15/77; Order 1221, 220-44-020, filed 7/1/75; Order 813, 220-44-020, filed 5/5/69; Order 726, 4 (part), filed 4/24/67; subsection 1 from Order 547, filed 7/5/62; Orders 384 and 256, filed 3/1/60; subsection 2 from Orders 448 and 256, filed 3/1/60; subsection 3 from Orders 397 and 256, filed 3/1/60; subsections 4 and 5 from Orders 355 and 256, filed 3/1/60; subsection 6 from Orders 406 and 256, filed 3/1/60.]

OTS-4179.3


NEW SECTION
WAC 220-88C-010   Emerging commercial fishery -- Coastal pilchard fishery.   The purpose of this chapter is to establish the coastal pilchard fishery as an emerging commercial fishery.

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NEW SECTION
WAC 220-88C-020   Designation of the coastal pilchard fishery as an emerging commercial fishery.   (1) The director designates the coastal pilchard fishery as an emerging commercial fishery for which use of a vessel is required. It is unlawful for any person to fish for, possess, or deliver pilchard taken from Washington waters west of the Bonilla-Tatoosh line or from the waters of the Exclusive Economic Zone unless the fisher has a valid emerging commercial fishery license and a valid coastal pilchard trial fishery permit, or except as otherwise provided.

(2) After the effective date of this section, the following fishery licenses may not be used to take pilchard from Washington waters west of the Bonilla-Tatoosh line or from the waters of the Exclusive Economic Zone: Baitfish lampara; baitfish purse seine; Columbia River smelt; food fish trawl -- non-Puget Sound; herring dip bag net; herring gill net; herring lampara; herring purse seine; smelt dip bag net; smelt gill net, except as provided for in chapter 220-44 WAC.

(3) After the effective date of this section, pilchard taken from Washington waters west of the Bonilla-Tatoosh line or from the waters of the Exclusive Economic Zone may not be delivered into a Washington port under a nonlimited entry delivery license, and may not be delivered under the licenses provided for in RCW 77.65.210.

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NEW SECTION
WAC 220-88C-030   Eligibility to participate in the coastal pilchard fishery.   (1) All persons who are eligible to purchase a commercial fishery license may obtain a coastal pilchard trial fishery permit and purchase an emerging commercial fishery license.

(2) Persons who violate the terms of the coastal pilchard trial fishery permit will have the permit revoked, pursuant to appeal rights under chapter 34.05 RCW, and will be ineligible to obtain a coastal pilchard trial fishery permit for the remainder of the calendar year for which the emerging commercial fishery license is valid.

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NEW SECTION
WAC 220-88C-040   Coastal pilchard fishery -- Seasons and lawful catch.   (1) The coastal pilchard fishery season is open to purse seine fishing only May 15 through October 31, or until 15,000 metric tons of pilchard have been taken, whichever is earlier. Fishing under a trial commercial fishery permit for pilchard is closed within three miles of shore.

(2) It is unlawful to retain any species taken incidental to pilchard in the coastal pilchard fishery except anchovy, mackerel, and squid. Any salmon encircled in the purse seine must be released prior to completion of the set, and no salmon may be landed on the fishing vessel's deck.

(3) The transfer of catch from one vessel to another is prohibited.

(4) Legal purse seine gear must be aboard the vessel making the landing.

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NEW SECTION
WAC 220-88C-050   Coastal pilchard fishery -- Observer and sampler coverage, logbook requirements.   (1) As a condition of the trial commercial fishery permit, participants in the coastal pilchard fishery are required to have on-board observers for any pilchard fishing effort, and are required to have observer coverage for one-half of the vessel trips. Fishers may elect to use either department-provided observers, or NMFS-certified observers, but must notify the department of their irrevokable decision on which type of observer to use at least 48 hours before their first pilchard fishing trip of the season. NMFS-certified observers must have completed a department training session. Department-provided observer coverage will be made available to fishers who agree to reimburse the department at a rate of $100 per landing, whether or not the vessel trip was observed. Payment for department-provided observer coverage is due by the tenth day of the following month for the previous month's landings, and failure to make timely payment will result in revocation of the trial commercial fishery permit.

(2) In order to allow sufficient time for observer coverage and sampling efforts, fishers must notify the department's marine fish division during normal business hours at least 48 hours before the first vessel trip and at least 24 hours before each subsequent trip. Fishers must provide name and contact phone number, time and location of departure, and estimated time and location of landing. Up to 500 sardine per vessel trip may be retained by WDFW samplers for biological information.

(3) All persons who obtain a trial commercial fishery permit for the coastal pilchard fishery must complete a department-issued logbook, and the logbook is required to be returned to the department by November 15th. Failure to submit the logbook will cause the person to be ineligible for a permit in the following season.

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Washington State Code Reviser's Office