WSR 11-15-002

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-141 -- Filed July 6, 2011, 12:16 p.m. , effective August 6, 2011 ]


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

Purpose: 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 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 the Washington department of fish and wildlife.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-250.

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

Other Authority: C.F.R. Title 50, Part 660.

Adopted under notice filed as WSR 11-10-092 on May 4, 2011.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 6, 2011.

Philip Anderson

Director

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