WSR 13-06-070

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-27 -- Filed March 6, 2013, 9:53 a.m. , effective April 6, 2013 ]


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

Purpose: Allows recreational anglers fishing for tuna species in Pacific Ocean waters outside three miles from shore to use multiple rods or lines per angler as long as the anglers do not possess any other species onboard the vessel. This proposal also 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. These rules conform to federal regulations adopted by the National Marine Fisheries Service. Finally, the proposal makes some minor technical changes, including moving a subsection and renumbering other subsections, to improve the rule's clarity. This reduces reader confusion.

These changes conform state regulations to federal regulations. Allowing multiple lines per angler while fishing for albacore maximizes access to the resource in the waters adjacent to Washington state but does not compromise that status of the resource.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-115.

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

Other Authority: 50 C.F.R. Part 660, Subpart K.

Adopted under notice filed as WSR 13-01-083 on December 18, 2012.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 6, 2013.

Philip Anderson

Director

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.]