Title of Rule and Other Identifying Information: WAC 220-56-115 Angling gear -- Lawful and unlawful acts.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to allow recreational anglers fishing for tuna species in Pacific Ocean waters outside three miles from shore to use multiple rods or lines per angler, so long as anglers possess no other species onboard the vessel. This proposal also clarifies existing language that prohibits fishing for salmon for personal use with hand lines in Puget Sound east of the Sekiu River, and in the waters of Grays Harbor, Willapa Bay and the Columbia River. The proposal makes some minor technical changes, including moving a subsection and renumbering other subsections, to improve clarity of the rule. The proposed rule conforms to federal regulations adopted by the National Marine Fisheries Service.

     Reasons Supporting Proposal: The proposed changes are necessary to ensure state regulations conform to federal regulations. Allowing multiple lines per angler while fishing for albacore maximizes access to the resource in the waters adjacent to Washington state without compromising the health of the albacore population. Changing the language and renumbering the sections relating to salmon fishing clarifies the prohibition on that type of salmon fishing and reduces reader confusion.

     Statutory Authority for Adoption: RCW 34.05.353 (1)(b) and (c), 77.04.020, 77.12.045, and 77.12.047.

     Statute Being Implemented: RCW 34.05.353 (1)(b) and (c), 77.04.020, 77.12.045, and 77.12.047.

     Rule is necessary because of federal law, 50 C.F.R. §§ 300.60-300.67.

     Name of Proponent: Washington department of fish and wildlife, 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) 902-2373.

December 18, 2012

Joanna M. Eide

Administrative Regulations Analyst

OTS-5198.2

AMENDATORY SECTION(Amending Order 12-190, filed 8/23/12, effective 9/23/12)

WAC 220-56-115   Angling gear -- Lawful and unlawful acts.   (1) It is unlawful for any person to use more than one line while angling for personal use, except:

     (a) Anglers in possession of a valid two-pole endorsement may use up to two lines while fishing in lakes, ponds, and reservoirs open to fishing unless listed as an exception in WAC 220-55-220. Anglers in possession of a valid two-pole endorsement may use up to two lines while fishing in rivers and marine areas as noted in WAC 220-55-220 and 232-28-619.

     (b) A second line using forage fish jigger gear is permissible while fishing in Catch Record Card Areas 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12, and 13.

     (c) When fishing outside 3 miles from shore in Pacific Ocean waters for tuna species, anglers are not restricted on the number of rods or lines fished per angler, provided that no other species are possessed onboard the vessel. A violation of this subsection is an infraction, punishable under RCW 77.15.160, Infractions.

     (2) It is unlawful for any person to take, fish for, or possess fish taken for personal use by any means other than angling with a line attached to a pole held in hand while landing the fish((,)) or with a hand-operated line without rod or reel, except ((as follows)):

     (a) It is unlawful to fish for or possess salmon taken for personal use with hand lines in marine waters of Puget Sound east of the mouth of the Sekiu River and in Washington waters at the mouth of the Columbia River east of a line projected true north and south through Buoy 10, Grays Harbor, and Willapa Bay.

     (b) It is permissible to leave ((the)) a pole in a pole holder while playing or landing the fish if the pole is capable of being readily removed from the pole holder.

     (((b))) (c) It is permissible to use an electric power-operated reel designed for sport fishing attached to a pole.

     (((c) It is permissible to fish for or possess salmon taken for personal use with hand lines (lines not attached to a handheld pole), except that use of hand lines is unlawful in those waters west of the mouth of the Sekiu River, the Pacific Ocean, Washington waters at the mouth of the Columbia River west of a line projected true north and south through Buoy 10, Grays Harbor, and Willapa Bay.))

     (3) It is unlawful for any person while angling to fail to keep his angling gear under his or her direct and immediate physical control.

     (4) In areas where a saltwater license is valid, each fisher aboard a vessel may continue to deploy angling gear or shellfish gear until the daily limit of food fish or shellfish for all licensed anglers and juvenile anglers aboard has been retained.

     (5) Violation of this section is an infraction, punishable under RCW 77.15.160, unless the person has harvested fish or shellfish. If the person has harvested fish or shellfish, the violation is punishable under RCW 77.15.380, Unlawful recreational fishing in the second degree -- Penalty, unless the fish or shellfish are taken in the amounts or manner to constitute a violation of RCW 77.15.370, Unlawful recreational fishing in the first degree -- Penalty.

     (6) It is unlawful to possess fish or shellfish taken with gear in violation of the provisions of this section. Possession of fish or shellfish while using gear in violation of the provisions of this section is a rebuttable presumption that the fish or shellfish were taken with such gear. Possession of such fish or shellfish is punishable under RCW 77.15.380, Unlawful recreational fishing in the second degree -- Penalty, unless the fish or shellfish are taken in the amounts or manner to constitute a violation of RCW 77.15.370, Unlawful recreational fishing in the first degree -- Penalty.

[Statutory Authority: RCW 77.04.020, 77.12.045, and 77.12.047. 12-18-006 (Order 12-190), § 220-56-115, filed 8/23/12, effective 9/23/12. Statutory Authority: RCW 77.12.047. 10-07-105 (Order 10-64), § 220-56-115, filed 3/19/10, effective 5/1/10; 06-09-021 (Order 06-67), § 220-56-115, filed 4/11/06, effective 5/12/06; 06-05-085 (Order 06-23), § 220-56-115, filed 2/14/06, effective 5/1/06; 05-05-035 (Order 05-15), § 220-56-115, filed 2/10/05, effective 5/1/05; 04-07-009 (Order 04-39), § 220-56-115, filed 3/4/04, effective 5/1/04; 02-09-001 (Order 02-53A), § 220-56-115, filed 4/3/02, effective 5/4/02; 01-06-036 (Order 01-24), § 220-56-115, filed 3/5/01, effective 5/1/01. Statutory Authority: 2000 c 107 § 7. 00-16-091 (Order 00-134), § 220-56-115, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-15-081 (Order 99-102), § 220-56-115, filed 7/20/99, effective 8/20/99; 98-06-031, § 220-56-115, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), § 220-56-115, filed 1/30/95, effective 5/1/95; 91-08-054 (Order 91-13), § 220-56-115, filed 4/2/91, effective 5/3/91; 90-06-026, § 220-56-115, filed 2/28/90, effective 3/31/90; 88-10-013 (Order 88-15), § 220-56-115, filed 4/26/88; 87-09-066 (Order 87-16), § 220-56-115, filed 4/21/87; 85-09-017 (Order 85-20), § 220-56-115, filed 4/9/85; 84-09-026 (Order 84-22), § 220-56-115, filed 4/11/84; 82-13-040 (Order 82-61), § 220-56-115, filed 6/9/82; 82-07-047 (Order 82-19), § 220-56-115, filed 3/18/82; 80-12-040 (Order 80-107), § 220-56-115, filed 8/29/80; 80-03-064 (Order 80-12), § 220-56-115, filed 2/27/80, effective 4/1/80.]