PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 07-07-050, 07-08-062, and 07-09-053.
Title of Rule and Other Identifying Information: WAC 220-44-020 through 220-44-100, 220-69-230, and 220-69-250, coastal commercial bottomfish rules, and requirements for purchasers and receivers of bottomfish.
Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98504, on October 12-13, 2007, at 8 a.m.
Date of Intended Adoption: On or after November 2-3, 2007.
Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail preuslmp@dfw.wa.gov, fax (360) 902-2155, by October 11, 2007.
Assistance for Persons with Disabilities: Contact Susan Yeager, TTY (360) 902-2207 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed changes will enable Washington's rules to match federal regulations. The changes also will facilitate marketplace tracking and quota accounting.
Reasons Supporting Proposal: Washington's rules for the coastal commercial bottomfish industry do not meet current federal regulatory requirements. One of these requirements is to record the federal fishery permit number on fish tickets if sablefish are landed under the authority of a federal sablefish-endorsed limited-entry permit. Changes to these rules will allow Washington to comply.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington department of fish and wildlife, governmental.
Name of Agency Personnel Responsible for Drafting: Mike Cenci, 1111 Washington Street, Olympia, (360) 642-5350; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: With one exception, proposed rule changes were meant only to provide clarity to existing regulations. Also, many state groundfish and highly migratory species regulations mirror federal regulations and incorporate the federal rules by reference in the Washington Administrative Code. The proper Code of Federal Regulations and incorporation language was added as reference for each area of regulatory concern: (a) Catch limits; (b) areas; and (c) gear.
The changes also propose a new requirement for fishermen to maintain a copy of submitted trawl logbooks.
2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply With Such Requirements: None; commercial fishermen typically maintain these records anyway. They will now have to submit them for inspection, to demonstrate catch compliance and records-submittal compliance.
3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: None anticipated.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No.
5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:
A. Cost per employee;
B. Cost per hour of labor; or
C. Cost per one hundred dollars of sales.
There are no anticipated costs of compliance.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses, or Reasonable Justification for Not Doing So: Enforcement personnel have been making field contacts with purchasers and receivers to provide direction and to determine where the confusion lies in the rules, which is hindering compliance. No costs are anticipated from these clarifying proposals.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The department will hold a public hearing on the proposed rules at the fish and wildlife commission meeting in October. This will allow small businesses and the public the opportunity to provide additional comments on the rule change proposals.
8. A List of Industries That Will Be Required to Comply with the Rules: All original purchasers and receivers of fish and shellfish and commercial fishermen who catch groundfish.
A copy of the statement may be obtained by contacting Lori Preuss, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail preuslmp@dfw.wa.gov.
A cost-benefit analysis is not required under RCW 34.05.328. These proposals do not affect hydraulics.
September 4, 2007
Loreva M. Preuss
Rules Coordinator
OTS-9816.2
AMENDATORY SECTION(Amending Order 01-36, filed 3/13/01,
effective 4/13/01)
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)) 59A-1, 59A-2, 59B, 60A-1, or ((60A)) 60A-2, 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 required 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 required for a permittee to fish for or to retain herring.
(4)(a) Violation of licensing requirements under this section is punishable pursuant to RCW 77.15.500.
(b) Violation of gear requirements under this section is punishable pursuant to RCW 77.15.520.
(c) Violation of catch requirements under this section is punishable pursuant to RCW 77.15.550.
[Statutory Authority: RCW 77.12.047. 01-07-016 (Order 01-36), § 220-44-020, filed 3/13/01, effective 4/13/01. 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.]
(1))) violation of gear requirements published in the Code of Federal Regulations (CFR), Title 50, Part 660, Subpart G. This subpart provides requirements for commercial groundfish fishing in the Pacific Ocean. Additional regulations may be listed in the Federal Register, and these override the CFR if there are any inconsistencies. Prior to using coastal bottomfish gear, a person must consult both the Federal Register and the CFR. This chapter, chapter 220-44 WAC, adopts the federal regulations imposed by the CFR and the Federal Register, and it incorporates those regulations by reference. 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 Lori Preuss at 360-902-2930, or going on the internet at www.pcouncil.org. State regulations may apply that are more restrictive than federal regulations.
(b) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.520.
(2) Otter trawl and beam trawl.
(a) It is unlawful to use, operate, or carry aboard any fishing vessel otter trawl gear having meshes measuring less than 3 inches anywhere in the net.
(b) It is unlawful to use or operate any bottom roller or bobbin trawl having meshes less than 4.5 inches anywhere in the net. Rollers, bobbins, or discs used in roller or bobbin trawls must be a minimum of 14 inches in diameter.
(c) It is unlawful to use or operate a pelagic trawl with
meshes less than 3.0 inches anywhere in the net. Footropes of
pelagic trawls must be less than 1.75 inches in diameter,
including twine necessary for seizing material. ((Sweeplines)) Sweep lines, including the bottom leg of the
bridle, must be bare.
(d) ((For at least 20 feet immediately behind the
footrope or headrope, bare rope or mesh of 16-inch minimum
mesh size must)) It is unlawful to use or operate a pelagic
trawl net unless bare rope or webbing with an individual mesh
size no smaller than 16 inches completely encircles the net
immediately behind the footrope or headrope for at least 20
feet. A band of mesh may encircle the net under transfer
cables, or lifting or splitting straps (chokers), but the band
must be: Over riblines and restraining straps; of the same
mesh size, and coincide knot-to-knot with the net to which it
is attached; and no wider than 16 meshes.
(e) It is unlawful to use or operate a trawl net that has
chafing gear ((may encircle no)) encircling more than 50
percent of the circumference of any bottom, roller, bobbin, or
pelagic trawl, except as specified in (d) of this subsection. No section of chafing gear may be longer than 50 meshes of the
body of the net to which it is attached. Except at the
corners, the terminal end of each section of chafing gear must
not be connected to the net. Chafing gear must be attached
outside any ((riblines)) rib lines and restraining straps. There is no limit on the number of sections of chafing gear on
a net.
(f) It is unlawful to use double-wall ((codends)) cod
ends in any trawl gear.
(g) Licensing: ((A food fish trawl -- non-Puget Sound
fishery license is the license required to operate the gear
provided for in this section.)) A food fish trawl, non-Puget
Sound fishery license is the license required to operate the
gear provided for in this section. Additionally, a federal
limited entry permit is required in Areas ((59A)) 59A-1,
59A-2, 59B, 60A-1, and 60A-2, and that portion of Area ((58))
58B within the Exclusive Economic Zone.
(h) ((Area restriction: It is unlawful to use otter
trawl or beam trawl gear in state territorial waters (0-3
miles) within Areas 58A, 58B, 59A, 59B, 60A-1 or 60A-2.
(2))) Violation of licensing requirements under this subsection is punishable pursuant to RCW 77.15.500.
(i) Violation of gear requirements under this subsection is punishable pursuant to RCW 77.15.520.
(3) Set lines.
(a) It is unlawful for the operator of set lines to leave
such gear unattended, unless ((marked as provided in WAC 220-20-010(5). Set lines must be attended at least once every
seven days. Set lines must be marked at the surface at each
terminal end with a pole, flag, light, radar reflector, and a
buoy displaying clear identification of the owner or
operator)) the following requirements are met:
(i) Gear must be marked with a buoy. The buoy must have affixed to it in a visible and legible manner a department-approved and registered buoy brand issued to the licensee. Set lines must also be marked at the surface at each terminal end with a pole and flag, light, and radar reflector.
(ii) Buoys affixed to unattended gear must be visible on the surface of the water except during strong tidal flow or extreme weather conditions.
(iii) Set lines must be attended to no less than every seven days.
(b) Licensing: A food fish set line fishery license is the license required to operate the gear provided for in this section.
(c) Violation of licensing requirements under this subsection is punishable pursuant to RCW 77.15.500.
(((c) Area restriction: It is unlawful to use set line
gear in state territorial waters (0-3 miles) within Areas 59A,
59B, 60A-1 and 60A-2 and that portion of Area 58 within the
Exclusive Economic Zone.
(3))) (4) Bottomfish pots.
(a) It is unlawful for the operator of bottomfish pots to
leave such gear unattended, unless ((marked as provided in WAC 220-20-010(5). Bottomfish pots must be attended at least once
every seven days. Bottomfish pots set individually must be
marked at the surface with a pole and a flag, light, or radar
reflector, and a buoy displaying clear identification of the
owner. Bottomfish pots laid on a groundline must be marked at
the surface at each terminal end of the groundline with a pole
and a flag, light, and radar reflector, and a buoy displaying
clear identification of the owner or operator)) unless the
following requirements are met:
(i) Gear must be marked with a buoy. The buoy must have affixed to it, in a visible and legible manner, a department-approved and registered buoy brand issued to the licensee.
(ii) Bottomfish pots laid on a ground line must be marked at the surface with a pole and a flag, light, and radar reflector at each terminal end.
(iii) Buoys affixed to unattended gear must be visible on the surface of the water except during strong tidal flow or extreme weather conditions.
(iv) Bottomfish pots must be attended to no less than every seven days.
(b) Licensing: A bottomfish pot fishery license is the license required to operate the gear provided for in this section.
(c) Violation of licensing requirements under this subsection is punishable pursuant to RCW 77.15.500.
(((c) Area restriction: It is unlawful to use bottomfish
pots in state territorial waters (0-3 miles) within the catch
areas provided for in this section.
(4))) (5) Commercial jig gear.
(a) Licensing: A bottomfish jig fishery license is the license required to operate the gear provided for in this section.
(b) ((Area restriction: It is unlawful to use commercial
jig gear in state territorial waters (0-3 miles) within the
catch areas provided for in this section.
(5))) Violation of licensing requirements under this subsection is punishable pursuant to RCW 77.15.500.
(6) Troll lines.
(a) Licensing: A bottomfish troll fishery license is the license required to operate the gear provided for in this section.
(b) ((Area restriction: It is unlawful to use bottomfish
troll gear in state territorial waters (0-3 miles) within the
catch areas provided for in this section.
(6) Incidental catch.
(a) It is lawful to retain bottomfish taken incidental to any lawful salmon fishery, up to a daily limit of 100 pounds or 30% of all fish on board, whichever is greater. No more than one trip per day provided the bottomfish could be lawfully taken.
(b) It is unlawful to take salmon incidental to any lawful bottomfish fishery.
(c) It is lawful to retain sturgeon taken incidental to any lawful bottomfish fishery, provided the sturgeon could be lawfully taken.
(d) It is unlawful to retain any species of shellfish taken incidental to any lawful bottomfish fishery, except that it is lawful to retain octopus and squid.)) Violation of licensing requirements under this subsection is punishable pursuant to RCW 77.15.500.
[Statutory Authority: RCW 77.12.047. 01-02-060 (Order 00-266), § 220-44-030, filed 12/29/00, effective 1/29/01. Statutory Authority: RCW 75.08.080. 98-05-043, § 220-44-030, filed 2/11/98, effective 3/14/98; 96-11-055 (Order 96-43), § 220-44-030, filed 5/9/96, effective 6/9/96; 94-12-009 (Order 94-23), § 220-44-030, filed 5/19/94, effective 6/19/94; 92-07-008 (Order 92-07), § 220-44-030, filed 3/6/92, effective 4/16/92; 88-22-033 (Order 88-157), § 220-44-030, filed 10/27/88; Statutory Authority: RCW 75.08.080. 88-22-033 (Order 88-157), § 220-44-030, filed 10/27/88; 84-08-014 (Order 84-24), § 220-44-030, filed 3/27/84; 82-14-056 (Order 82-72), § 220-44-030, filed 7/1/82; 82-03-045 (Order 82-6), § 220-44-030, filed 1/19/82; 81-02-053 (Order 81-3), § 220-44-030, filed 1/7/81; 79-03-014 (Order 79-11), § 220-44-030, filed 2/15/79; 78-04-039 (Order 78-11), § 220-44-030, filed 3/20/78.]
(2) Except as authorized under the federal rules referenced in this subsection, it is unlawful to use drift gill net gear in state and offshore waters west of the Bonilla-Tatoosh line, north of the Washington-Oregon boundary, and south of the United States-Canada boundary.
(3) Violation of reporting requirements under this section is punishable pursuant to RCW 77.15.280.
(4) Violation of gear requirements under this section is punishable pursuant to RCW 77.15.520.
[Statutory Authority: RCW 77.12.047. 05-17-003 (Order 05-165), § 220-44-035, filed 8/3/05, effective 9/3/05; 02-02-051 (Order 01-288), § 220-44-035, filed 12/27/01, effective 1/27/02.]
(b) Violation of catch requirements under this subsection is punishable pursuant to RCW 77.15.550.
(2)(a) It is unlawful to use otter trawl or beam trawl gear in state territorial waters (0-3 miles) within Areas 58B, 59A-1, 59A-2, 59B, 60A-1 or 60A-2.
(b) Violation of gear requirements under this subsection is punishable pursuant to RCW 77.15.520.
(3)(a) It is unlawful for vessels using trawl gear to take and retain or possess groundfish within the trawl Rockfish Conservation Area (RCA) or Essential Fish Habitat (EFH) zones, except that:
(i) Trawl gear vessels may transit though the trawl RCA or EFH zones with groundfish onboard, as long as the vessel does not fish for any species within the RCA or EFH zone on the same trip; and
(ii) The activity is otherwise authorized under federal regulations.
(b) For purposes of this section, "trawl RCA and EFH zones" means those areas and boundaries defined as "trawl RCA" or "EFH zone" in the Code of Federal Regulations (CFR), Title 50, Part 600, Subpart G. The CFR lists the requirements for commercial groundfish fishing in the Pacific Ocean. Additional regulations may be enacted and listed in the Federal Register, and these regulations override those in the CFR if there are any inconsistencies between the two.
(c) Violation of catch requirements under this subsection is punishable pursuant to RCW 77.15.550.
(4)(a) It is unlawful for vessels using nontrawl gear to take and retain or possess groundfish within the nontrawl Rockfish Conservation Area (RCA), or to land such fish, except that:
(i) Nontrawl gear vessels may travel through the nontrawl RCA with groundfish onboard as long as the vessel does not fish for any species within the RCA on the same trip; and
(ii) The activity is otherwise authorized under federal regulations.
(b) For purposes of this section, "nontrawl RCA" means those areas and boundaries defined as "nontrawl RCA" in the Code of Federal Regulations (CFR), Title 50, Part 600, Subpart G. The CFR lists the requirements for commercial groundfish fishing in the Pacific Ocean. Additional regulations may be enacted and listed in the Federal Register, and these supersede the federal regulations in the CFR if there are any inconsistencies between the two.
(c) Violation of catch requirements under this subsection is punishable pursuant to RCW 77.15.550.
(5)(a) It is unlawful to use set line gear in state territorial waters (0-3 miles) within Areas 58B, 59A-1, 59A-2, 59B, 60A-1 and 60A-2, and in that portion of Area 58B within the Exclusive Economic Zone.
(b) Violation of catch requirements under this subsection is punishable pursuant to RCW 77.15.550.
(6)(a) It is unlawful to use bottomfish pots in state territorial waters (0-3 miles) within Areas 58B, 59A-1, 59A-2, 59B, 60A-1 and 60A-2, and in that portion of Area 58B within the Exclusive Economic Zone.
(b) Violation of catch requirements under this subsection is punishable pursuant to RCW 77.15.550.
(7)(a) It is unlawful to use commercial jig gear in state territorial waters (0-3 miles) within Areas 58B, 59A-1, 59A-2, 59B, 60A-1 and 60A-2, and in that portion of Area 58B within the Exclusive Economic Zone.
(b) Violation of catch requirements under this subsection is punishable pursuant to RCW 77.15.550.
(8)(a) It is unlawful to use bottomfish troll gear in state territorial waters (0-3 miles) within Areas 58B, 59A-1, 59A-2, 59B, 60A-1 and 60A-2, and in that portion of Area 58B within the Exclusive Economic Zone.
(b) Violation of catch requirements under this subsection is punishable pursuant to RCW 77.15.550.
[Statutory Authority: RCW 75.08.080. 84-08-014 (Order 84-24), § 220-44-040, filed 3/27/84; 83-10-016 (Order 83-31), § 220-44-040, filed 4/26/83; 82-14-056 (Order 82-72), § 220-44-040, filed 7/1/82; 81-02-053 (Order 81-3), § 220-44-040, filed 1/7/81; 79-03-014 (Order 79-11), § 220-44-040, filed 2/15/79; 78-04-039 (Order 78-11), § 220-44-040, filed 3/20/78.]
(b) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.550.
(2)(a) It is unlawful to possess, transport through the waters of the state, or land into any Washington port, walleye pollock taken with trawl gear from Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A-1, 59A-2, 59B, 60A-1, 60A-2, 61, 62, or 63, except by trawl vessels participating in the directed Pacific whiting fishery and the directed coastal groundfish fishery.
(b) Violation of this section is a gross misdemeanor, punishable under RCW 77.15.550.
(3)(a) It is unlawful for trawl vessels participating in the directed Pacific whiting and/or the directed coastal groundfish fishery to land incidental catches of walleye pollock greater than forty percent of their total landing by weight, not to exceed ten thousand pounds.
(((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.)) (b) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.550.
(4)(a) 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)) NMFS 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.
(b) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.550.
(5)(a) It is unlawful to land thresher shark taken by any
means from state and offshore waters of the Pacific Ocean
north of the Washington-Oregon boundary and south of the
United States-Canada boundary((, and)). It is unlawful to
land thresher shark taken south of the Washington-Oregon
boundary unless each thresher shark landed is accompanied by a
minimum of two swordfish.
(b) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.550.
(6)(a) It is unlawful to take salmon incidental to any lawful bottomfish fishery.
(b) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.550.
(7)(a) It is unlawful to retain sturgeon species, other than white sturgeon, taken incidental to any lawful bottomfish fishery. White sturgeon may be taken as long as the fisher complies with minimum and maximum size restrictions for commercial fisheries.
(b) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.550.
(8)(a) It is unlawful to retain any species of shellfish taken incidental to any lawful bottomfish fishery, except that it is lawful to retain octopus and squid.
(b) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.550.
[Statutory Authority: RCW 77.12.047. 03-05-078 (Order 03-31), § 220-44-050, filed 2/18/03, effective 3/21/03; 02-02-051 (Order 01-288), § 220-44-050, filed 12/27/01, effective 1/27/02; 01-13-002 (Order 01-103), § 220-44-050, filed 6/6/01, effective 7/7/01. Statutory Authority: 2000 c 107 § 7. 00-16-033 (Order 00-124), § 220-44-050, filed 7/24/00, effective 8/24/00. 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.]
(2) It is unlawful for the operator of the harvest vessel to fail to keep the logbook aboard the vessel while the vessel is engaged in groundfish fishing or has groundfish onboard.
(3) It is unlawful for the vessel operator to fail to submit harvest logs for inspection upon request by fish and wildlife officers and/or authorized department employees.
(4) It is unlawful for any vessel operator engaged in groundfish fishing to fail to comply with the following methods and time frames of logbook submittal:
(a) Vessel operators responsible for submitting logs to the department must maintain a copy of all submitted logs for up to three years after the fishing activity ended. The copies must verify that logs sent by mail were received by the department, except that operators submitting logs directly to authorized department employees must record the name and date of the contact on the fisherman's copy of the log. The operators must maintain these copies for up to three years after the fishing activity ended.
(b) 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 the commercial fishing activity, whichever occurs first.
(5) It is unlawful for vessel operators engaged in commercial groundfish fishing or possessing groundfish to fail to permanently and legibly record in ink the following information within the following time constraints:
(a) For each vessel trip, the operator shall record the vessel name and registration number, crew size, departure and return date and time, and buyers of fish landed.
(b) For each trawl tow conducted, the vessel operator shall record the month and day, time gear was set and retrieved, latitude and longitude fished, depth at which most fish were caught, net type, target species, and estimated weight of fish species retained. Species or species groups with trip or cumulative limits must be identified separately and cannot be recorded in combination with other species.
(6) Violation of this section is a misdemeanor, punishable under RCW 77.15.280.
[Statutory Authority: 2000 c 107 § 7. 00-16-033 (Order 00-124), § 220-44-080, filed 7/24/00, effective 8/24/00. 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.]
(1))) that any fisher may transport bottomfish through the waters of the state or land bottomfish taken without the Exclusive Economic Zone, provided:
(((a))) (i) The fisher has, at least 48 hours prior to
participating in the far offshore fishery, notified the
department ((by)) either by writing to the ((Marine
Fish-Shellfish Division, Washington State Fisheries))
Washington Department of Fish and Wildlife, 48A Devonshire
Road, Montesano, WA 98563; or telephoning the department
during regular business hours, Monday through Friday ((to
(360) 586-6129)), at 360-586-6129. The fisher must provide
the following information: Vessel name and official number;
anticipated fishing dates; anticipated port of landing; ((and
(b))) (ii) The fisher ((has made)) makes the vessel
available for a hold inspection, if required to do so by the
department, prior to departure ((to participate in)) for the
far offshore fishery; and
(((c))) (iii) The fisher ((has notified)) notifies the
department at least 24 hours prior to landing bottomfish at
any Washington state port. The fisher must provide the
following information: Port of landing; estimated date and
time of landing; estimated species composition, and weight of
fish aboard.
(b) Violation of this subsection is a misdemeanor, punishable under RCW 77.15.280.
(2)(a) It is unlawful for any fisher to fish within, or to land fish taken from within, the Exclusive Economic Zone during any trip for which a declaration to participate in the far offshore fishery has been made.
(b) Violation of this subsection is a misdemeanor, punishable under RCW 77.15.280.
(3)(a) Fishers participating in the far offshore fishery are required to be properly licensed in order to land bottomfish into a Washington state port.
(b) Violation of catch restrictions is punishable pursuant to RCW 77.15.550.
(4) This section does not apply to bottomfish ((which))
that have been previously landed in another state, territory,
or country((,)); does not apply to delivery by vessels other
than the catcher vessel; and does not apply to bottomfish
taken in Canadian territorial waters.
[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), § 220-44-090, filed 5/19/94, effective 6/19/94.]
(2) Vessels that have been compensated for research work by NMFS or IPHC 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.
(3) Any bottomfish landed during authorized NMFS or IPHC 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.
(4) Bottomfish landed under the authority of NMFS or IPHC research work or an EFP-compensating research with fish must be clearly marked "NMFS Compensation Trip" or "IPHC Compensation Trip" on the fish receiving ticket in the space reserved for dealer's use.
(5) The NMFS or IPHC 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 or IPHC 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.
[]
OTS-9749.2
AMENDATORY SECTION(Amending WSR 07-04-030, filed 1/29/07,
effective 3/1/07)
WAC 220-69-230
Description of Washington state nontreaty
fish receiving tickets.
(1) There is hereby created the
following nontreaty fish receiving ticket forms to be
prepared, printed, and distributed upon request, by the
department: Puget Sound salmon, troll, marine, utility, and
shellfish. These forms shall contain space for the following
information:
(a) Fisherman: Name of licensed deliverer.
(b) Address: Address of licensed deliverer.
(c) Boat name: Name or Coast Guard number of landing vessel.
(d) WDFW boat registration: Washington department of fish and wildlife boat registration number.
(e) Gear: Code number or name of specific type of gear used.
(f) Fisherman's signature: Signature of licensed deliverer.
(g) Date: Date of landing.
(h) Dealer: Name of dealer, and department number assigned to dealer.
(i) Buyer: Name of buyer, and department number assigned to buyer.
(j) Receiver's signature: Signature of original receiver.
(k) Number of days fished: Days spent catching fish.
(l) Fish or shellfish caught inside or outside 3-mile limit: Check one box.
(m) Catch area: Salmon catch area code if salmon are caught. Marine fish/shellfish catch area code if marine fish are caught or shellfish are caught or harvested.
(n) Tally space for dealer's use: Used at dealer's discretion.
(o) Species code: Department assigned species code.
(p) Individual number of salmon, sturgeon, number of ghost shrimp in dozens, number of oysters in dozens or gallons, species description for all fish and shellfish, original total weight in round pounds of all shellfish or fish, except pounds of legally dressed fish and shellfish may be recorded in original dressed weight. Dressed fish and shellfish must be designated as dressed on the fish receiving ticket. Value of fish and shellfish sold or purchased: Summary information for species, or species groups landed. All species or categories of bottomfish having a vessel trip limit must be listed separately (see WAC 220-44-050).
(q) Work area for dealer's use: Used at dealer's discretion, with the following exceptions:
(i) Federal sablefish endorsed limited entry permit numbers must be recorded in this area for each delivery of sablefish landed under the authority of this permit. Separate fish tickets are required for each permit number being used.
(ii) At the time of landing of coastal bottomfish into a 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.
(r) Total amount: Total value of landing.
(s) Take-home fish: Species, number, and pounds of fish or shellfish retained for personal use.
(t) Crew: Name and signature of crew members who take home fish.
(2) The Puget Sound salmon fish receiving ticket shall be used for:
(a) Deliveries of nontreaty salmon caught in inland waters.
(b) Any other delivery of nontreaty salmon where the catch may be easily recorded.
(c) Any imports of fresh salmon into the state of Washington.
(3) The troll fish receiving ticket shall be used for:
(a) Deliveries of nontreaty coastal salmon and incidental catch.
(b) Any other nontreaty deliveries where the species delivered may be easily recorded.
(c) Any imports of fresh salmon into the state of Washington.
(4) The marine fish receiving ticket shall be used for:
(a) Nontreaty deliveries of marine fish or bottomfish that do not include salmon.
(b) Any imports of fresh marine fish or bottomfish.
(5) The utility fish receiving ticket shall be used for:
(a) Any nontreaty deliveries that do not include salmon, where other fish receiving tickets are not appropriate.
(b) Any imports of fresh fish or shellfish that do not include salmon.
(6) The shellfish receiving ticket shall be used for:
(a) Any nontreaty deliveries of shellfish.
(b) Any imports of fresh shellfish.
(c) Any incidental catch of bottomfish made while fishing for shellfish. The species name, total pounds, and price per pounds must be entered for each species of bottomfish caught.
[Statutory Authority: RCW 77.12.047. 07-04-030, § 220-69-230, filed 1/29/07, effective 3/1/07. Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-230, filed 12/20/99, effective 1/20/00; 85-11-020 (Order 85-43), § 220-69-230, filed 5/10/85; 84-08-014 (Order 84-24), § 220-69-230, filed 3/27/84; 83-24-049 (Order 83-203), § 220-69-230, filed 12/2/83; 80-05-093 (Order 80-27), § 220-69-230, filed 5/2/80; 78-03-031 (Order 78-7), § 220-69-230, filed 2/17/78; Order 76-153, § 220-69-230, filed 12/17/76.]
(2) A valid license card or duplicate license card issued by the department shall be used in conjunction with an approved mechanical imprinter in lieu of WAC 220-69-230 (1)(a) through (e) except as provided in WAC 220-69-273.
(3) A valid dealer or buyer card issued by the department shall be used in conjunction with an approved mechanical imprinter in lieu of WAC 220-69-230 (1)(h) and (i).
(4) During the period December 1 through December 30, the crab inspection certificate number is a required entry on all shellfish receiving tickets documenting landings and sale of Dungeness crab from Pacific Ocean, Coastal Washington, Grays Harbor, Willapa Harbor, and Columbia River waters. The crab inspection certificate number must be entered legibly on the left hand side of the ticket in the space indicated for dealer's use.
(5) Violation of this section is a gross misdemeanor, punishable under RCW 77.15.640.
[Statutory Authority: RCW 77.12.047. 07-04-030, § 220-69-250, filed 1/29/07, effective 3/1/07; 04-17-096 (Order 04-210), § 220-69-250, filed 8/17/04, effective 9/17/04. Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-250, filed 12/20/99, effective 1/20/00. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-250, filed 9/12/86. Statutory Authority: RCW 75.08.080. 85-11-020 (Order 85-43), § 220-69-250, filed 5/10/85; 85-01-010 (Order 84-214), § 220-69-250, filed 12/7/84; 84-08-014 (Order 84-24), § 220-69-250, filed 3/27/84; 83-24-049 (Order 83-203), § 220-69-250, filed 12/2/83; Order 76-153, § 220-69-250, filed 12/17/76.]