WSR 15-06-063 PROPOSED RULES DEPARTMENT OF FISH AND WILDLIFE [Filed March 4, 2015, 9:41 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-21-160 on October 22, 2014.
Title of Rule and Other Identifying Information: WAC 220-56-230 Bottomfish and halibut—Closed areas and 220-56-235 Possession limits—Bottomfish.
Hearing Location(s): Capital Events Center, 6005 Tyee Drive S.W., Tumwater, WA 98512, on April 9-10, 2015, at 8:30 a.m.
Date of Intended Adoption: On or after April 17, 2015.
Submit Written Comments to: Joanna Eide, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Rules.Coordinator@dfw.wa.gov, fax (360) 902-2155, by April 3, 2015.
Assistance for Persons with Disabilities: Contact Tami Lininger by March 27, 2015, (360) 902-2207 or TTY 1-800-833-6388.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule change will allow a fishery for flatfish species in the portion of Quilcene and Dabob bays north of a line projected due east from Whitney Point to the Toandos Peninsula. Fishing will only be allowed in waters shallower than one hundred twenty feet deep.
Reasons Supporting Proposal: To allow limited increases to recreational fishing opportunity in areas where such effort will have negligible impact on Endangered Species Act listed rockfish and other species of concern.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.013, 77.04.055, 77.12.045, and 77.12.047.
Statute Being Implemented: RCW 77.04.012, 77.04.013, 77.04.055, 77.04.045, and 77.12.047.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This rule proposal will receive a public hearing at the April 9-10, 2015, fish and wildlife commission public meeting. More information on the agenda for the meeting, including the public hearing and briefing on this proposal, is available at http://wdfw.wa.gov/commission/meetings/2015/index.html.
Name of Proponent: Washington department of fish and wildlife, governmental.
Name of Agency Personnel Responsible for Drafting: Dayv Lowry, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2717; Implementation: Jim Scott, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2651; and Enforcement: Steven Crown, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2373.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule proposal only addresses recreational fishing opportunities and does not impact small business.
A cost-benefit analysis is not required under RCW 34.05.328. This rule proposal does not involve hydraulics.
March 4, 2015
Joanna M. Eide
Rules Coordinator
AMENDATORY SECTION (Amending WSR 10-07-105, filed 3/19/10, effective 5/1/10)
WAC 220-56-230 Bottomfish and halibut—Closed areas.
(1) It is unlawful to take, fish for, retain, or possess bottomfish or halibut taken for personal use from within the following areas:
(a) An eastward-facing C-shaped closed area defined as: Beginning at 48°N, 124°59'W; thence to 48°N, 125°18'W; thence to 48°18'N, 125°18'W; thence to 48°18'N, 124°59'W; thence to 48°11'N, 124°59'W; thence to 48°11'N, 125°11'W; thence to 48°04'N, 125°11'W; thence to 48°04'N, 124°59'W; thence to the point of origin.
(b) The "Westport Offshore Recreational YRCA" closed area, defined by straight lines connecting the following specific latitude and longitude coordinates in the order listed: Beginning at 46°54.30'N, 124°53.40'W; thence to 46°54.30'N, 124°51.00'W; thence to 46°53.30'N, 124°51.00'W; thence to 46°53.30'N, 124°53.40'W, thence to the point of origin.
(c) The "South Coast Recreational YRCA" closed area, defined by straight lines connecting the following specific latitude and longitude coordinates in the order listed: Beginning at 46°58.00'N, 124°48.00'W; thence to 46°55.00'N, 124°48.00'W; thence to 46°55.00'N, 124°49.00'W; thence to 46°58.00'N, 124°49.00'W; thence to the point of origin.
(((d) Marine Area 12.))
(2) In Marine Area 4 east of the westernmost point of Cape Flattery((,)) and Marine Area 5 through ((11 and)) 13, it is unlawful to take, fish for, retain, or possess bottomfish taken for personal use except from within the following areas:
(a) In Marine Area 4 east of the westernmost point of Cape Flattery, Marine Area 5, and Marine Area 6 west of the easternmost point of Dungeness Spit: Waters inside of an area approximating 120 feet (20 fathoms) described by following the coordinates: 124°44.20'W, 48°23.90'N; 124°40.00'W, 48°24.10'N; 124°36.46'W, 48°23.61'N; 124°21.24'W, 48°17.71'N; 124°14.43'W, 48°15.96'N; 124°02.02'W, 48°11.91'N; 123°34.51'W, 48°09.93'N; 123°31.13'W, 48°11.02'N; 123°24.13'W, 48°08.53'N; 123°06.02'W, 48°11.45'N; 123°06.02'W, 48°08.22'N.
(b) In the remaining portion of Marine Area 6, and Marine Areas 7 ((-)) through 11 and 13: Waters shallower than 120 feet (20 fathoms).
(c) In Marine Area 12 north of a true east line from Whitney Point to the Toandos Peninsula: Waters shallower than 120 feet (20 fathoms).
(3) It is unlawful to take, fish for, retain, or possess rockfish taken for personal use from Marine Areas 6 ((- 11 and)) through 13.
AMENDATORY SECTION (Amending WSR 13-19-007, filed 9/5/13, effective 10/6/13)
WAC 220-56-235 Possession limits—Bottomfish.
It is unlawful to fish for, retain, or possess sixgill, sevengill, or thresher sharks. It is unlawful for any person to take in any day more than the following quantities of bottomfish for personal use. The possession limit at any time may not exceed the equivalent of two daily limits in fresh, frozen or processed form. Unless otherwise provided, bottomfish fishing is open the entire year.
(1) Coastal (Catch Record Card Areas 1 through 4): Limit 12 fish total, except limit 10 fish total east of the Bonilla-Tatoosh line, of all species and species groups of bottomfish, which may include no more than:
(a) Lingcod: 2 fish. Minimum length is 22 inches in Catch Record Card Areas 1 through 4.
(b) Rockfish: 10 fish. Release all canary and yelloweye rockfish. In Marine Area 4 east of the Bonilla-Tatoosh line: 6 fish. Only black or blue rockfish may be retained.
(c) Wolf-eel: 0 fish from Catch Record Card Area 4.
(d) Cabezon:
(i) Marine Areas 1 through 3: 2 fish.
(ii) Marine Area 4: 1 fish; the minimum size limit is 18 inches.
(2) Inner Puget Sound (Catch Record Card Areas 5 through 13):
(a) Catch Record Card Areas 5 and 6: 15 fish total for all species and species groups of bottomfish, which may include no more than:
(b) Catch Record Card Area 7: 15 fish total for all species of bottomfish, which may include no more than:
(c) Catch Record Card Areas 8-1 through 11 and 13: 15 fish total for all species and species groups of bottomfish, which may include no more than:
(d) Catch Record Card Area 12: ((Closed.)) 15 fish total for all species and species groups of bottomfish, which may include no more than:
(e) It is unlawful to possess lingcod taken by angling that are under 26 inches in length or over 36 inches in length. It is unlawful to possess lingcod taken by spear fishing that are over 36 inches in length.
(f) In Marine Areas 5 through 11 and 13, the minimum size limit for cabezon is 18 inches. All cabezon must be released in Catch Record Card Areas 5 through 11 and 13 from December 1 through April 30.
(g) In Catch Record Card Area 5, the daily limit for rockfish is the first legal rockfish caught, except that west of Slip Point, the daily limit for rockfish is the first three legal rockfish caught. Only black or blue rockfish may be retained. After the daily limit of rockfish is caught, all subsequent rockfish must be released.
(h) In Catch Record Card Area 5, it is unlawful to take rockfish by spear fishing except when this area is open to spear fishing for lingcod.
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