WSR 10-03-087

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-03 -- Filed January 19, 2010, 4:22 p.m. , effective February 19, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: State laws and rules can be more restrictive than their federal counterparts, but not less restrictive. WAC 220-50-068 requires the use of scallop dredge gear to harvest scallops in the coastal fishery. This conflicts with National Marine Fisheries Service regulation 50 C.F.R. Part 660.306, which prohibits the use of dredge gear in groundfish essential fish habitat (EFH). Specifically, dredge gear is prohibited from high tide out to two hundred miles, which coincides with where groundfish EFH occurs. The department wants to amend WAC 220-50-068 to make it consistent with federal rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-52-068.

Statutory Authority for Adoption: RCW 77.04.020, 77.12.045, 77.12.047.

Other Authority: National Marine Fisheries Service regulation 50 C.F.R. Part 660.306.

Adopted under notice filed as WSR 09-24-083 on November 30, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: January 19, 2010.

Philip Anderson

Director

OTS-2848.1


AMENDATORY SECTION(Amending Order 00-165, filed 8/22/00, effective 9/22/00)

WAC 220-52-068   Scallop fishery -- Coastal waters.   (1) It is unlawful to fish for or possess scallops taken for commercial purposes from the waters of the Exclusive Economic Zone ((except as provided for in this section.

(1) Season: July 1 through November 30 in the waters of the Exclusive Economic Zone)).

(2) It is unlawful to trawl for scallops in Washington territorial waters west of the Bonilla-Tatoosh line or in Marine Fish-Shellfish Management and Catch Reporting Area 29.

(((2) Gear: Only scallop dredge gear may be used. Scallop dredge gear may not exceed fifteen feet in width per unit of gear and must have three inch or larger net mesh or rings throughout. Scallop dredges may not use a dredge liner nor have chaffing gear covering any portion of the top half of the dredge.

(3) Licensing: A shrimp trawl -- non-Puget Sound fishery license is the license required to operate the gear provided for in this section.

(4) Incidental catch: It is unlawful to retain food fish or shellfish taken incidental to any lawful scallop fishery, except that it is lawful to retain octopus and squid.)) (3) A violation of this section is punishable under RCW 77.15.520 Commercial fishing -- Unlawful gear or methods -- Penalty; and RCW 77.15.550 Violation of commercial fishing area or time -- Penalty.

[Statutory Authority: RCW 77.12.047. 00-17-145 (Order 00-165), 220-52-068, filed 8/22/00, effective 9/22/00. Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-52-068, filed 5/19/94, effective 6/19/94; 93-15-051, 220-52-068, filed 7/14/93, effective 8/14/93.]

Washington State Code Reviser's Office