Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-07-016.

     Title of Rule and Other Identifying Information: WAC 220-56-250 Lingcod -- Areas and seasons.

     Hearing Location(s): WDFW Region 6 Office, 48 Devonshire Road, Montesano, WA 98563, on Tuesday, July 15, 2008, at 10:00 a.m.

     Date of Intended Adoption: On or after July 15, 2008.

     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 July 8, 2008.

     Assistance for Persons with Disabilities: Contact Susan Yeager, TTY at (360) 902-2207 or (360) 902-2267.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule is to comply with federal fishing regulations adopted by the National Marine Fisheries Service on December 29, 2006 (71 F.R. 78638). The intent of this rule is to set a state lingcod season date that conforms to the federal regulations.

     Reasons Supporting Proposal: This rule incorporates the recommendations of the Pacific Fishery Management Council for the management of coastal bottomfish. Absent this modification to the current state regulations, state regulations would be more liberal that [than] federal regulations.

     Statutory Authority for Adoption: RCW 77.04.020 and 77.12.047.

     Statute Being Implemented: RCW 77.04.020 and 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: Heather Reed, 48 Devonshire Road, Montesano, WA 98563, (360) 249-1202; Implementation: Lew Atkins, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2373.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules apply to recreational fishermen, not commercial fishermen. Also, the Pacific Fisheries Management Council and the National Marine Fisheries Service did a full economic analysis as part of National Environmental Policy Act requirements. A copy of the analysis is available on the council's web site http://www.pcouncil.org/groundfish/gfspex/gfspex07-08.html.

     A cost-benefit analysis is not required under RCW 34.05.328. These rules do not involve or affect hydraulics.

June 4, 2008

Loreva M. Preuss

Rules Coordinator

OTS-1695.1

AMENDATORY SECTION(Amending Order 04-39, filed 3/4/04, effective 5/1/04)

WAC 220-56-250   Lingcod -- Areas and seasons.   It is unlawful to take, fish for, or possess lingcod for personal use except during the seasons and within the areas herein provided:

     (1) Coastal area:

     (a) Catch Record Card Areas 1 through 3 - the Saturday closest to March 16 through the ((Sunday)) Saturday closest to October 15((,));

     (b) Catch Record Card Area 4 west of the Bonilla-Tatoosh line - April 16 through October 15, or the ((Sunday)) Saturday closest to October 15 if that ((Sunday)) Saturday is previous to October 15, whichever is earlier((,)); and

     (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. 04-07-009 (Order 04-39), § 220-56-250, filed 3/4/04, effective 5/1/04; 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.]

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