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

     Purpose: The Pacific halibut fishery is jointly managed by the Washington department of fish and wildlife (WDFW), the National Marine Fisheries Service, and the International Pacific Halibut Commission. The purpose of this proposal is to adopt and incorporate the federal regulations on Pacific halibut imposed by the Code of Federal Regulations (C.F.R.) in 50 C.F.R. § 300.60-300.67 and the Federal Register.

     Having state regulations that conform to regulations adopted by the International Pacific Halibut Commission and implemented into federal regulation by the National Marine Fisheries Service provides consistency for stakeholders and strengthens WDFW's enforcement staff's ability to enforce regulations pertaining to commercial Pacific halibut fishing.

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

     Other Authority: 50 C.F.R. § 300.60-300.67.

      Adopted under notice filed as WSR 13-01-082 on December 18, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 28, 2013.

Philip Anderson

Director

OTS-5197.2

NEW SECTION
WAC 220-20-130   Commercial Pacific halibut fishery -- Seasons, gear, possession, and landing requirements.   (1) The commercial Pacific halibut fishery is jointly managed by the Washington department of fish and wildlife (WDFW), the National Marine Fisheries Service (NMFS), and the International Pacific Halibut Commission (IPHC). The Code of Federal Regulations (C.F.R.) 50 C.F.R. § 300.60-300.67 and related appendices in Subpart E provide federal requirements for this fishery including, but not limited to, the time, place, and manner of taking Pacific halibut. This section adopts the federal regulations on Pacific halibut imposed by 50 C.F.R. § 300.60-300.67 and the Federal Register, and it incorporates those federal regulations by reference. A copy of the federal regulations may be obtained by contacting the department at 360-902-2200, or accessing a copy on-line at www.pcouncil.org.

     (a) It is unlawful to take, fish for, possess, transport through the waters of the state, or land in any Washington state port Pacific halibut taken for commercial purposes in violation of the requirements published in 50 C.F.R. § 300.60-300.67, Subpart E.

     (b) Where the federal regulations refer to the fishery management area, that area is extended to include Washington state waters adjacent to the Exclusive Economic Zone.

     (c) If state rules are more restrictive than federal regulations, the Washington Administrative Code takes precedence over the federal regulations.

     (d) Additional regulations on Pacific halibut may be listed in the Federal Register. Other regulations on Pacific halibut in the Federal Register take precedence over the Pacific halibut fishery regulations in 50 C.F.R. § 300.60-300.67 if the regulations conflict. The department recommends that a person consult the Federal Register and the C.F.R. prior to participating in the commercial Pacific halibut fishery.

     (2) Violation of reporting requirements under this section is punishable under RCW 77.15.280.

     (3) Violation of possession requirements under this section is punishable under RCW 77.15.550.

     (4) Violation of gear requirements under this section is punishable under RCW 77.15.520.

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