PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-18-008.
Title of Rule: Personal use rules.
Purpose: Amend coastal rockfish and lingcod rules.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Summary: Change rockfish catch limits and lingcod season.
Reasons Supporting Proposal: Protection of coastal bottomfish stocks.
Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2373; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2373.
Name of Proponent: 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: NOAA fisheries has recommended no canary rockfish retention to help with rebuilding of these stocks. They have also proposed a more liberal lingcod season, in order to accommodate the coastal charter board industry. The department does not agree with the lingcod seasons for inside the Bonilla-Tatoosh line, and is proposing a modification to the recommendations.
Proposal Changes the Following Existing Rules: Coastal bottomfish rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small businesses.
RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.
Hearing Location: Fort Worden State Park Conference Center, Port Townsend, Washington, on December 5-6, 2003, begins 8:00 a.m. on December 5, 2003.
Assistance for Persons with Disabilities: Contact Susan Yeager by November 24, 2003, TDD (360) 902-2207 or (360) 902-2267.
Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by November 28, 2003.
Date of Intended Adoption: December 5, 2003.
October 17, 2003
Evan Jacoby
Rules Coordinator
OTS-6693.1
AMENDATORY SECTION(Amending Order 03-178, filed 8/6/03,
effective 9/6/03)
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 fish in the aggregate of all species and species groups of bottomfish, which may include no more than:
(a) Lingcod - 2 fish minimum length 24 inches.
(b) Rockfish - 10 fish ((of which no more than 1 may be a
canary rockfish)). Release all canary and yelloweye rockfish.
(c) Surfperch (excluding shiner perch) - 15 fish.
(d) Wolfeel - 0 fish from Catch Record Card Area 4.
(e) 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, except canary and yelloweye rockfish except | 1 fish | ||
| May 1 through September 30 in Marine Area 5 west of Slip Point | 3 fish of which no more than 1 may be other than black rockfish, and release canary and yelloweye rockfish | ||
| 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 |
| Rockfish, except canary and yelloweye rockfish | 1 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 |
| Rockfish, except canary and yelloweye rockfish | 1 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 |
(e) The daily limit taken by spear fishing may include no more than one lingcod. There is no size restriction on the one lingcod allowed in the daily limit if taken by spear fishing.
(f) It is unlawful to retain cabezon taken from Catch Record Card Areas 5 through 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) ((It is unlawful to retain canary rockfish taken from
Catch Record Card Areas 5 through 13.
(i))) It is unlawful to retain canary or yelloweye rockfish taken from Catch Record Card Areas 1 through 13.
[Statutory Authority: RCW 77.12.047. 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.]
(1) Coastal area (a) Catch Record Card Areas 1 through 3 - the Saturday closest to March 16 through the Sunday closest to October 15, (b) Catch Record Card Area 4 west of the Bonilla-Tatoosh line - April 16 through October 15 or the Sunday closest to October 15 if that Sunday is previous to October 15, whichever is earlier, (c) Catch Record Card Area 4 east of the Bonilla-Tatoosh line - April 16 through October 15.
(2) Catch Record Card Areas 5 through 13 - May 1 through June 15 by angling and May 21 through June 15 by spear fishing.
[Statutory Authority: RCW 77.12.047. 03-05-057 (Order 03-24), § 220-56-250, filed 2/14/03, effective 5/1/03. Statutory Authority: 2000 c 107 § 7. 00-17-016 (Order 00-139), § 220-56-250, filed 8/3/00, effective 9/3/00. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-250, filed 3/29/00, effective 5/1/00. Statutory Authority: RCW 75.08.080. 92-11-012 (Order 92-19), § 220-56-250, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), § 220-56-250, filed 4/2/91, effective 5/3/91; 89-10-032 (Order 89-26), § 220-56-250, filed 4/27/89; 84-09-026 (Order 84-22), § 220-56-250, filed 4/11/84; 83-07-043 (Order 83-16), § 220-56-250, filed 3/17/83; 82-07-047 (Order 82-19), § 220-56-250, filed 3/18/82; 80-07-017 (Order 80-45), § 220-56-250, filed 6/11/80; 80-03-064 (Order 80-12), § 220-56-250, filed 2/27/80, effective 4/1/80.]