WSR 14-01-056 PERMANENT RULES DEPARTMENT OF FISH AND WILDLIFE [Order 13-301—Filed December 12, 2013, 3:04 p.m., effective January 12, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This proposed rule making is to streamline, make technical changes to, and update rules in accordance with the WAC overhaul project currently underway. Outdated rules are also repealed. The Washington department of fish and wildlife's (WDFW) administrative code is in need of updating and consolidation. The agency's RCWs were combined and updated after the department of fisheries and the department of wildlife consolidated, but a consolidation, clean-up, and streamlining of the administrative codes was never done. These proposed changes are part of a larger effort to reorganize and update the agency's administrative code.
Reasons Supporting Proposal: This rule change proposal was discussed during the fish and wildlife commission meeting and public hearing held on October 4, 2013. The proposed changes were adopted by the commission at the November 8, 2013, commission meeting. The changes promote increases in conservation and the availability of resources, and they reduce redundancy. The proposal is part of WDFW's WAC overhaul project to streamline, update, and reorganize WDFW's administrative code.
Citation of Existing Rules Affected by this Order: Repealing chapter 220-85 WAC, WAC 220-28-010 and 232-12-099; and amending WAC 220-47-001, 220-47-121, and 220-56-315.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.013, 77.04.055, and 77.12.047.
Adopted under notice filed as WSR 13-14-118 on July 3, 2013.
Changes Other than Editing from Proposed to Adopted Version: Some small editing changes were made from the proposed to the adopted version. However, these were all technical changes rather than substantive. Changes include amending WAC titles for uniformity, correcting a few errors, and making minor word changes/additions for clarity. Additionally, the department withdrew the proposed amendments to WAC 220-56-112 and the repeal of WAC 232-12-082 from WSR 13-14-118 (withdrawal notice filed as WSR 14-01-052) to allow for a comprehensive rewrite of related rules at a later date.
Number of Sections Adopted in Order to Comply with Federal Statute:
New 0,
Amended 0,
Repealed 0;
Federal Rules or Standards:
New 0,
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Repealed 0;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Repealed 0.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 0,
Amended 3,
Repealed 12.
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: November 8, 2013.
Miranda Wecker, Chair
Fish and Wildlife Commission
REPEALER
The following chapter of the Washington Administrative Code is repealed:
AMENDATORY SECTION (Amending WSR 07-20-006, filed 9/20/07, effective 10/21/07)
WAC 220-47-001 Puget Sound salmon—Quick reporting.
All Puget Sound salmon fisheries are designated as "quick reporting required" fisheries, and commercial purchasers and receivers must comply with the provisions of WAC 220-69-240(((12))) (14).
AMENDATORY SECTION (Amending WSR 84-13-078, filed 6/21/84)
WAC 220-47-121 Treaty Indian gear identification.
It ((shall be)) is unlawful for any person exercising ((his or her)) treaty Indian fishing rights at adjudicated usual and accustomed grounds and stations within the Point No Point, Makah, Quinault, Medicine Creek, and Point Elliott treaty areas to leave any gear unattended unless there is affixed to it an identification tag of tribal affiliation and ((specific fisherman)) the person's valid treaty Indian identification number.
AMENDATORY SECTION (Amending WSR 12-23-016, filed 11/9/12, effective 12/10/12)
WAC 220-56-315 Personal use crab, shrimp, crawfish—Unlawful acts.
(1) It is unlawful to take and possess crab, shrimp, and crawfish taken for personal use except by hand or with hand dip nets, ring nets, shellfish pots, or any hand-operated instrument that will not penetrate the shell. A violation of this subsection is a misdemeanor, punishable under RCW 77.15.380 or 77.15.382 depending on the circumstances of the violation. (2) It is unlawful to set, fish, or pull more than 2 units of gear at any one time ((except:)), unless otherwise provided in this subsection. A violation of this subsection is punishable under RCW 77.15.160, Infractions, or RCW 77.15.380, Unlawful recreational fishing in the second degree—Penalty, depending on the circumstances of the violation. (a) In Puget Sound waters, it is unlawful to set, fish, or pull at any one time more than 2 units of crab gear and 2 additional units of shrimp gear. (b) In Catch Record Card Areas 4 through 13, it is unlawful for the operator of any boat from which shrimp pots are set, fished, or pulled ((in Catch Record Card Areas 4 through 13)) to have on board or to fish more than 4 shrimp pots. (c) In the Columbia River, it is unlawful to set, fish, or pull more than 3 units of crab gear ((in the Columbia River)). (d) In fresh water, it is permissible to use up to 5 units of gear to fish for crawfish ((in fresh water)). (3) It is unlawful for any person to operate a shellfish pot not attached to a buoy bearing that person's name, except that a second person may assist the pot owner in operation of the gear. A violation of this subsection is a misdemeanor, punishable under RCW 77.15.382, Unlawful use of shellfish gear for personal use purposes—Penalty. (4) It is unlawful to salvage or attempt to salvage shellfish pot gear from Hood Canal that has been lost ((without)), unless the person first ((obtaining)) obtains a permit((,)) issued by the director, authorizing that activity. A violation is punishable under RCW 77.15.180, Unlawful interference with fishing or hunting gear—Penalty. It is unlawful to fail to comply with all provisions of ((the)) a permit authorizing the salvage of gear from Hood Canal. A violation of this subsection is ((a misdemeanor, punishable under RCW 77.15.382 Unlawful use of shellfish gear for personal use purposes—Penalty)) RCW 77.15.750, Unlawful use of a department permit—Penalty. (5) It is unlawful to dig for or possess ghost or mud shrimp taken for personal use by any method except hand operated suction devices or dug by hand. A violation of this subsection is ((a misdemeanor, punishable under RCW 77.15.382 Unlawful use of shellfish gear for personal use purposes—Penalty)) punishable under RCW 77.15.160, Infractions, or RCW 77.15.380, Unlawful recreational fishing in the second degree—Penalty, depending on the circumstances of the violation. (6) It is unlawful to have more than one unit of unattended gear attached to a buoy line or to fail to have a separate buoy for each unit of gear. "One unit of gear" means one ring net or one shellfish pot. A violation of this subsection is a misdemeanor, punishable under RCW 77.15.382, Unlawful use of shellfish gear for personal use purposes—Penalty. (7) In waters open only on certain days or certain hours during the day, except for those waters affected by the night closure set out in subsection (((9))) (8) of this section, it is unlawful to fail to remove gear from the water ((when)) if fishing for shellfish is not allowed. It is also unlawful to fail to remove gear from the water ((by)) within one hour after sunset if fishing is not allowed on the next calendar day. In waters that are open continuously, except for those waters affected by the night closure set out in subsection (((9))) (8) of this section, gear may be left in the water during ((the)) a night closure. A violation of this subsection is ((a misdemeanor,)) punishable under RCW 77.15.160, Infractions, or RCW 77.15.380, Unlawful recreational fishing in the second degree—Penalty, depending on the circumstances of the violation. (8) It is unlawful to set or pull shellfish pots, ring nets or star traps from a vessel in Catch Record Card Areas 1-13 from one hour after official sunset to one hour before official sunrise. A violation of this subsection is ((a misdemeanor,)) punishable under RCW 77.15.160, Infractions, or RCW 77.15.380, Unlawful recreational fishing in the second degree—Penalty, depending on the circumstances of the violation.
REPEALER
The following chapter of the Washington Administrative Code is repealed:
REPEALER
The following section of the Washington Administrative Code is repealed:
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