WSR 11-10-092

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed May 4, 2011, 11:55 a.m. ]

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

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Lori Preuss, Rules Coordinator, Washington Department of Fish and Wildlife (WDFW), 600 Capitol Way North, Olympia, WA 98501-1091 , AND RECEIVED BY July 4, 2011.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to modify the description of the lingcod season in Marine Catch Areas 1-3 so that it is consistent with the description in federal rules. The proposed change would align the state regulation with the federal regulation by describing the lingcod season as being open from the Saturday closest to March 15, rather than the Saturday closest to March 16, through the Saturday closest to October 15. The description of the lingcod season is listed in the Code of Federal Regulations (C.F.R.) Title 50, Part 660.

Reasons Supporting Proposal: Lingcod seasons were developed during Pacific Fishery Management Council (PFMC) meetings and public process. Input from Washington recreational fishermen was gathered during the PFMC public process and during public meetings sponsored by WDFW.

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

Statute Being Implemented: RCW 77.04.020, 77.12.045, and 77.12.047.

Rule is necessary because of federal law, C.F.R. Title 50, Part 330.

Name of Proponent: WDFW, governmental.

Name of Agency Personnel Responsible for Drafting: Heather Reed, 48 Devonshire Road, Montesano, WA, (360) 249-4628; Implementation: Michele Culver, 48 Devonshire Road, Montesano, WA, (360) 249-4628; and Enforcement: Chief Bruce Bjork, 1111 Washington Street S.E., Olympia, WA, (360) 902-2929.

May 4, 2011

Lori Preuss

Rules Coordinator

OTS-3965.1


AMENDATORY SECTION(Amending Order 09-107, filed 6/22/09, effective 7/23/09)

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

(1) Coastal area:

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

(b) Catch Record Card Area 4 west of the Bonilla-Tatoosh line: April 16 through October 15, or the Saturday closest to October 15 if that Saturday comes before 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 77.04.020 and 77.12.047. 09-14-010 (Order 09-107), 220-56-250, filed 6/22/09, effective 7/23/09; 08-15-089 (Order 08-173), 220-56-250, filed 7/17/08, effective 8/17/08. 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.]

Washington State Code Reviser's Office