WSR 12-03-053

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed January 11, 2012, 2:05 p.m. ]

Title of Rule and Other Identifying Information: WAC 220-56-255 Halibut -- Seasons -- Daily and possession limits and 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 March 19, 2012.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to revise the date that fishing for bottomfish is restricted seaward of twenty fathoms in Marine Areas 3 (La Push) and 4 (Neah Bay). This proposal also allows rockfish retention seaward of thirty fathoms from March 15 through June 15 in Marine Catch Area 2 (Westport), and it restricts lingcod fishing in deepwater portions of Marine Catch Areas 1 (Ilwaco/Chinook) and 2 (Westport).

Depth restrictions and area closures are needed to ensure that catch of yelloweye and canary rockfish taken incidentally during recreational halibut and bottomfish trips do not exceed federal harvest guidelines. Yelloweye and canary rockfish are considered overfished species and managed under rebuilding plans by the Pacific Fishery Management Council (PFMC). These changes are necessary to make state regulations consistent with federal regulations. The federal regulations are listed in Code of Federal Regulations (C.F.R.) Title 50, Part 660.

Reasons Supporting Proposal: This rule change conforms state rules to regulations adopted by the PFMC and implemented into federal regulation by the National Marine Fisheries Service. 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 660.

Name of Proponent: WDFW, governmental.

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

January 11, 2012

Lori Preuss

Rules Coordinator

OTS-4554.2


AMENDATORY SECTION(Amending Order 11-141, filed 7/6/11, effective 8/6/11)

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 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.

(d) It is unlawful to fish for, retain, or possess lingcod in Catch Record Card Area 1 seaward of a line extending from 4638.17'N. lat., 12421.00'W. long. to 4625.00'N. lat., 124 21.00'W. long. year-round.

(e) It is unlawful to fish for, retain, or possess lingcod in Catch Record Card Area 2 seaward of a line extending from 4731.70'N. lat., 12445.00'W. long. south to 4638.17'N. lat., 12430.00'W. long. year-round, except that lingcod may be taken, retained and possessed seaward of the line on days open during the primary halibut season.

(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, 77.12.045, 77.12.047, and C.F.R. Title 50, Part 660. 11-15-002 (Order 11-141), 220-56-250, filed 7/6/11, effective 8/6/11. 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.]


AMENDATORY SECTION(Amending Order 10-199, filed 8/4/10, effective 9/4/10)

WAC 220-56-255   Halibut -- Seasons -- Daily and possession limits.   (1) It is unlawful to fish for or possess halibut taken for personal use except from the areas or in excess of the amounts provided for in this section:

(a) Catch Record Card Area 1: Open on the first Thursday in May or May 1, if May 1 is a Friday or Saturday, through the third Saturday in July, from 12:01 a.m. each Thursday through 11:59 p.m. each Saturday. The fishery will reopen on the first Friday in August through September 30, from 12:01 a.m. each Friday through 11:59 p.m. each Sunday. By-catch restriction: It is unlawful during any vessel trip to bring into port or land bottomfish, except sablefish or Pacific cod, if the vessel has brought halibut into port or landed halibut.

(b) Catch Record Card Area 2:

(i) The northern near shore fishery takes place in those waters from 4731.70'N. lat. south to 4658.00'N. lat. and east of a boundary line approximating the 30 fathom depth contour as defined by the following coordinates:

4731.70'N. lat., 12437.03'W. long.

4725.67'N. lat., 12434.79'W. long.

4712.82'N. lat., 12429.12'W. long.

4658.00'N. lat., 12424.24'W. long.

Open on the first Sunday in May through September 30 on days that all other waters in Area 2 are open, as specified in (b)(ii) of this subsection, and from 12:01 a.m. each Thursday through 11:59 p.m. each Sunday.

(ii) All other waters in Area 2 - Open on the first Sunday in May through the third Sunday in May from 12:01 a.m. through 11:59 p.m. each Sunday, and from 12:01 a.m. through 11:59 p.m. each Tuesday. Beginning on the third Sunday in May through September 30, the halibut fishery will be open from 12:01 a.m. through 11:59 p.m. each Sunday.

(iii) From March 15 through June 15, it is unlawful to fish for or possess bottomfish, except rockfish, seaward of line approximating the 30-fathom depth contour as defined by the coordinates below. However, a person may fish for and retain sablefish and Pacific cod from May 1 through June 15 and retain lingcod on days open during the primary halibut season as described in (b)(ii) of this subsection, seaward of a line approximating the 30-fathom depth contour as defined by the coordinates below:

4731.70'N. lat., 12437.03'W. long.

4725.67'N. lat., 12434.79'W. long.

4712.82'N. lat., 12429.12'W. long.

4652.94'N. lat., 12422.58'W. long.

4644.18'N. lat., 12418.00'W. long.

4638.17'N. lat., 12415.88'W. long.

(c) Catch Record Card Areas 3 and 4 - Open the first Thursday between May 9 and May 15 of each year through September 30, from 12:01 a.m. through 11:59 p.m. each Thursday, and from 12:01 a.m. through 11:59 p.m. each Saturday. The following area southwest of Cape Flattery is closed to halibut fishing at all times:

Those waters within an eastward-facing C-shaped closed area defined as: Beginning at 4818'N. lat., 12518'W. long.; thence to 4818'N. lat., 12459'W. long.; thence to 4811'N. lat., 12459'W. long.; thence to 4811'N. lat., 12511'W. long.; thence to 4804'N. lat., 12511'W. long.; thence to 4804'N. lat., 12459'W. long.; thence to 4800'N. lat., 12459'W. long.; thence to 4800'N. lat., 12518'W. long.; thence to the point of origin.

It is unlawful to fish for or possess bottomfish seaward of a line approximating the 20-fathom depth contour as defined by the following coordinates, from ((May 21)) June 1 through September 30, on days and times closed to halibut fishing:

4823.9'N. lat., 12444.2'W. long.

4823.6'N. lat., 12444.9'W. long.

4818.6'N. lat., 12443.6'W. long.

4818.6'N. lat., 12448.2'W. long.

4810.0'N. lat., 12448.8'W. long.

4802.4'N. lat., 12449.3'W. long.

4737.6'N. lat., 12434.3'W. long.

4731.7'N. lat., 12432.4'W. long.

(d) Catch Record Card Area 5 - Open the Thursday before Memorial Day through September 30, except closed to fishing for halibut beginning at 12:01 a.m. each Tuesday through 11:59 p.m. each Wednesday.

(e) Catch Record Card Areas 6 through 13 - Open May 1 through September 30, except closed to fishing for halibut beginning at 12:01 a.m. each Tuesday through 11:59 p.m. each Wednesday.

(2) Daily limit is one halibut taken from state or offshore waters. This does not include Canadian waters; see WAC 220-56-156 for limits on Canadian-origin halibut.

(3) The possession limit is two daily limits of halibut in any form, except the possession limit aboard the fishing vessel is one daily limit. See WAC 220-56-156 for rules on Canadian-origin halibut possession.

(4) A violation of this section is punishable under RCW 77.15.370 or 77.15.380, depending on the violation.

[Statutory Authority: RCW 77.04.020, 77.12.045, and 77.12.047. and C.F.R. Title 50, Part 300. 10-17-003 (Order 10-199), 220-56-255, filed 8/4/10, effective 9/4/10. Statutory Authority: RCW 77.04.020 and 77.12.047. 09-14-010 (Order 09-107), 220-56-255, filed 6/22/09, effective 7/23/09; 07-21-068, 220-56-255, filed 10/15/07, effective 11/15/07. Statutory Authority: RCW 77.12.047. 06-17-057 (Order 06-199), 220-56-255, filed 8/10/06, effective 9/10/06; 05-14-035 (Order 05-130), 220-56-255, filed 6/24/05, effective 7/25/05; 03-05-057 (Order 03-24), 220-56-255, filed 2/14/03, effective 5/1/03. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-15-081 (Order 99-102), 220-56-255, filed 7/20/99, effective 8/20/99; 99-08-029 (Order 99-13), 220-56-255, filed 3/30/99, effective 5/1/99; 98-06-031, 220-56-255, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), 220-56-255, filed 3/19/97, effective 5/1/97; 95-12-027 (Order 95-46), 220-56-255, filed 5/31/95, effective 7/1/95; 94-14-069, 220-56-255, filed 7/1/94, effective 8/1/94; 93-15-011, 220-56-255, filed 7/8/93, effective 8/8/93; 93-08-034 (Order 93-20), 220-56-255, filed 3/31/93, effective 5/1/93; 89-07-060 (Order 89-12), 220-56-255, filed 3/16/89; 88-10-013 (Order 88-15), 220-56-255, filed 4/26/88; 85-10-062 (Order 85-39), 220-56-255, filed 5/1/85; 80-03-064 (Order 80-12), 220-56-255, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-071.]

Washington State Code Reviser's Office