WSR 19-03-169
[Filed January 23, 2019, 10:50 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-22-031 on November 5, 2018.
Title of Rule and Other Identifying Information: Amendment to WAC 220-353-080 to provide more detailed information about scheduling and testing commercial fishing gear.
Hearing Location(s): On April 5-6, 2019, at 8:00 a.m., at the Natural Resources Building, 1111 Washington Street S.E., Olympia, WA 98501.
Date of Intended Adoption: June 14, 2019.
Submit Written Comments to: Scott Bird, Washington Department of Fish and Wildlife (WDFW), Rules Coordinator, P.O. Box 43200, Olympia, WA 98501-3200, email, fax 360-902-2155, by April 4, 2019.
Assistance for Persons with Disabilities: Contact Delores Noyes, phone 360-902-2349, TTY 360-902-2207, email, by April 4, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule proposal clarifies the requirements for a boat owner to notify the department's police staff about scheduling and testing commercial fishing gear.
Reasons Supporting Proposal: Currently, there is not sufficient detail in the rule about how to contact and schedule the testing of commercial fishing gear. This leads to noncompliance in fishing gear requirements in the local commercial fishing industry.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.12.045, and 77.12.047.
Statute Being Implemented: RCW 77.04.012, 77.04.055, 77.12.045, and 77.12.047.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WDFW, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Sgt. Erik Olson, 16018 Mill Creek Boulevard, Mill Creek, WA 98012-1541, 425-775-1311; and Enforcement: Chief Steve Bear, 1111 Washington Street, Olympia, WA 98501, 360-902-2373.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The proposed rule change does not affect hydraulics.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
January 22, 2019
Scott Bird
Rules Coordinator
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-353-080Testing commercial fishing gear.
(1) It is unlawful to test commercial fishing gear, except as follows:
(a) Bellingham Bay - Inside and northerly of a line from Governor's Point to the south tip of Eliza Island to Point Frances, in waters 10 fathoms and deeper.
(b) Boundary Bay - North of a line from Birch Point to Point Roberts, and south of the international boundary, in waters 10 fathoms and deeper during times not under control of the Pacific Salmon Commission.
(c) San Juan Channel - Within a 1-mile radius of Point Caution during times not under control of the Pacific Salmon Commission.
(d) Port Angeles - Inside and westerly of a line projected from the east tip of Ediz Hook through buoy C "1" to the mainland.
(e) Port Gardner - Within a 2-mile radius of the entrance to Everett breakwater, in waters 10 fathoms and deeper.
(f) Central Puget Sound - Between lines from Meadow Point to Point Monroe, and Skiff Point to West Point, in waters 50 fathoms and deeper.
(g) East Pass - Between lines from Point Robinson true east to the mainland, and from Dash Point to Point Piner, in waters 50 fathoms and deeper.
(h) Port Townsend - Westerly of a line from the Coast Guard station in Port Townsend to Walan Point to Kala Point, in waters 10 fathoms and deeper.
(i) All tows or sets are limited to 20 minutes, exclusive of setting and retrieving time.
(j) All testing must only occur between 8:00 a.m. and 4:00 p.m.
(k) Cod ends of trawl nets must be left open, all hooks of set line gear must be unbaited, and no lures or baited hooks may be used with jig or troll gear.
(l) All incidentally caught fish and shellfish must be returned to the waters immediately. It is unlawful to retain fish or shellfish aboard the vessel at any time during a gear test operation.
(2) It is unlawful for any person conducting gear testing operations to fail to notify fish and wildlife enforcement in Olympia ((at 360-902-2936 prior to testing))at least twenty-four hours in advance of testing. The individual may call the department at 360-902-2936 and speak to an enforcement program representative or leave a voice mail message. The individual may also send an email to the department at In their voice mail, or their email to the department, the individual must provide their name or point of contact, phone number, location where they plan to conduct testing, date and approximate time of testing and either their vessel's registration number or vessel name.
(3) Violation of this section is punishable under RCW 77.15.520, 77.15.550, or 77.15.580, depending on the circumstances of the violation.