WSR 19-06-033
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-27—Filed February 28, 2019, 4:04 p.m., effective February 28, 2019, 4:04 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amends recreational bottomfish possession limits, lingcod and halibut.
Citation of Rules Affected by this Order: Amending WAC 220-314-020, 220-314-030, and 220-314-040.
Under RCW
34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: This emergency rule is needed to implement state regulations that conform to federal action taken by the Pacific Fisheries Management Council and the National Marine Fisheries Service. There is insufficient time to adopt
permanent rules.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 3, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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, 2019.
Nate Pamplin
for Kelly Susewind
Director
NEW SECTION
WAC 220-314-02000EPossession limits—Bottomfish.
Notwithstanding the provisions of WAC 220-314-020, it is unlawful for any person to fish for or take bottomfish for personal use except within the seasons, daily quantities and possession limits prescribed as follows:
(1) Coastal areas (Catch Record Card Areas 1 through 3 and 4 west of the Bonilla-Tatoosh line):
(a) Bottomfish fishing is open the second Saturday in March through the third Saturday in October, except fishing for surfperch from the shore is allowed year-round.
(b) Limit of surfperch is 12 per person per day. For all other bottomfish, limit is 9 fish total per person per day, which may include no more than:
(i) Lingcod: 2 fish, no minimum length.
(ii) Rockfish: 7 fish in aggregate. The possession limit for yelloweye rockfish is 0.
(iii) Wolf-eel: 0 fish from Catch Record Card Area 4.
(iv) Cabezon: Marine Areas 1 through 4: 1 fish, no minimum size.
(c) Additional flatfish: In addition to the limits in (1)(b), anglers may take 3 flatfish per person per day, not to be counted towards the bottomfish limit but in addition to it.
(2) Inner Puget Sound (Catch Record Card Areas 4 east of the Bonilla-Tatoosh line, and 5 through 13):
(a) Catch Record Card Area 4 east of the Bonilla-Tatoosh line: Limit 10 fish total, which may include no more than:
(i) Lingcod: 2 fish, minimum length of 22 inches.
(ii) Rockfish: 6 fish. Only black or blue rockfish may be retained.
(iii) Wolf-eel: 0 fish.
(iv) Cabezon: 1 fish; the minimum size limit is 18 inches.
(b) Catch Record Card Areas 5 and 6: 15 fish total for all species and species groups of bottomfish, which may include no more than:
Rockfish in Marine Area 5 except | | 1 fish May 1 through September 30. Only black or blue rockfish may be retained. |
in Marine Area 5 west of Slip Point | | 3 fish. Only black or blue rockfish may be retained. |
in Marine Area 6. | | 0 fish |
Surfperch | | 10 fish |
Pacific cod | | 2 fish |
Pollock | | 2 fish |
Flatfish (except halibut) | | 15 fish |
Lingcod | | 1 fish |
Wolf-eel | | 0 fish |
Cabezon | | 1 fish |
Pacific hake | | 2 fish |
(c) Catch Record Card Area 7: 15 fish total for all species of bottomfish, which may include no more than:
Rockfish | | 0 fish |
Surfperch | | 10 fish |
Pacific cod | | 2 fish |
Flatfish (except halibut) | | 15 fish |
Lingcod | | 1 fish |
Wolf-eel | | 0 fish |
Cabezon | | 1 fish |
Pollock | | 2 fish |
Pacific hake | | 2 fish |
(d) 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:
Rockfish | | 0 fish |
Surfperch | | 10 fish |
Pacific cod | | 0 fish |
Pollock | | 0 fish |
Flatfish (except halibut) | | 15 fish |
Lingcod | | 1 fish |
Wolf-eel | | 0 fish |
Cabezon | | 1 fish |
Pacific hake | | 0 fish |
(e) Catch Record Card Area 12: 15 fish total for all species and species groups of bottomfish, which may include no more than:
Rockfish | | 0 fish |
Surfperch | | 0 fish |
Pacific cod | | 0 fish |
Pollock | | 0 fish |
Flatfish (except halibut) | | 15 fish |
Lingcod | | 0 fish |
Wolf-eel | | 0 fish |
Cabezon | | 0 fish |
Pacific hake | | 0 fish |
(f) The possession limit for lingcod taken by angling gear is 26 to 36 inches in length. For spear fishing, lingcod may not be possessed that exceed 36 inches in length.
(g) 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.
(h) 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.
(i) 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.
(3) The possession limit at any time may not exceed the equivalent of two daily limits in fresh, frozen or processed form.
(4) Unless otherwise provided, bottomfish fishing is open the entire year.
(5) Daily limits include bottomfish caught in adjacent areas bordering other states, such as Oregon.
(6) It is unlawful to fish for, retain, or possess sixgill, sevengill, or thresher sharks.
[NEW SECTION]
WAC 220-314-03000QHalibut—Seasons—Daily and possession limits.
Notwithstanding the provisions of WAC 220-314-030:
(1) It is unlawful to fish for or possess halibut taken for personal use except from the areas or in excess of the amounts provided for in this section:
(a) Catch Record Card Area 1: Closed except as provided by emergency rule. By-catch restriction: It is unlawful during any vessel trip to bring into port or land bottomfish, except flatfish, sablefish and Pacific cod, if the vessel has brought halibut into port or landed halibut.
(b) Catch Record Card Area 2:
(i) The northern near shore fishery takes place in those waters from 47°31.70'N. lat. south to 46°58.00'N. lat. and east of a boundary line approximating the 30 fathom depth contour as defined by the following coordinates:
47°31.70'N. lat., 124°37.03'W. long.
47°25.67'N. lat., 124°34.79'W. long.
47°12.82'N. lat., 124°29.12'W. long.
46°58.00'N. lat., 124°24.24'W. long.
Closed except as provided by emergency rule.
(ii) All other waters in Area 2 - Closed except as provided by emergency rule.
(iii) From March 9 through May 31, it is unlawful to fish for or possess lingcod, seaward of line approximating the 30-fathom depth contour as defined by the coordinates below. However, a person may fish for and retain lingcod on days open during the primary halibut season as described in (b)(ii) of this subsection, seaward of a line approximating the 30-fathom depth contour as defined by the coordinates below:
47°31.70'N. lat., 124°37.03'W. long.
47°25.67'N. lat., 124°34.79'W. long.
47°12.82'N. lat., 124°29.12'W. long.
46°52.94'N. lat., 124°22.58'W. long.
46°44.18'N. lat., 124°18.00'W. long.
46°38.17'N. lat., 124°15.88'W. long.
(c) Catch Record Card Areas 3 and 4 - Closed except as provided by emergency rule. The following area southwest of Cape Flattery is closed to halibut fishing at all times:
Those waters within an eastward-facing C-shaped closed area defined as: Beginning at 48°18'N. lat., 125°18'W. long.; thence to 48°18'N. lat., 124°59'W. long.; thence to 48°11'N. lat., 124°59'W. long.; thence to 48°11'N. lat., 125°11'W. long.; thence to 48°04'N. lat., 125°11'W. long.; thence to 48°04'N. lat., 124°59'W. long.; thence to 48°00'N. lat., 124°59'W. long.; thence to 48°00'N. lat., 125°18'W. long.; thence to the point of origin.
It is unlawful to fish for or possess bottomfish seaward of a line approximating the 20-fathom depth contour as defined by the following coordinates, from June 1 through Labor Day except, on days and times open to halibut fishing, when only lingcod, sablefish and Pacific cod can be retained:
48°23.9'N. lat., 124°44.2'W. long.
48°23.6'N. lat., 124°44.9'W. long.
48°18.6'N. lat., 124°43.6'W. long.
48°18.6'N. lat., 124°48.2'W. long.
48°10.0'N. lat., 124°48.8'W. long.
48°02.4'N. lat., 124°49.3'W. long.
47°37.6'N. lat., 124°34.3'W. long.
47°31.7'N. lat., 124°32.4'W. long.
(d) Catch Record Card Areas 5 through 13 - On days that the halibut fishery is open, it is lawful to fish for, retain, and possess lingcod and Pacific cod seaward of 120 feet in Catch Record Card Areas 5 and 6. Closed except as provided by emergency rule.
(2) Daily limit is one halibut taken from state or offshore waters. This does not include Canadian waters; see WAC 220-310-210 for limits on Canadian-origin halibut.
(3) The possession limit is two daily limits of halibut in any form, except the possession limit aboard the fishing vessel is one daily limit. See WAC 220-310-210 for rules on Canadian-origin halibut possession.
(4) The annual limit is four halibut taken from state or offshore waters. This does not include Canadian waters; see WAC 220-310-210 for limits on Canadian-origin halibut.
(5) It is unlawful to fish for, retain, possess, or land halibut into a port located within an area that is closed to halibut fishing. This does not include halibut caught in Canadian waters. See WAC 220-310-210 for rules on Canadian-origin halibut possession.
(6) A violation of this section is punishable under RCW 77.15.370 or 77.15.380, depending on the violation.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW
34.08.040.
NEW SECTION
WAC 220-314-04000ALingcod—Areas and seasons.
Notwithstanding the provisions of WAC 220-314-040, it is unlawful to take, fish for, or possess lingcod for personal use except during the following seasons and areas:
(1) Coastal area:
(a) Catch Record Card Areas 1 through 3 and 4 west of the Bonilla-Tatoosh line: From the second Saturday in March, through the third Saturday in October; and
(b) Catch Record Card Area 4 east of the Bonilla-Tatoosh line: April 16 through October 15.
(c) It is unlawful to fish for, retain, or possess lingcod in Catch Record Card Area 1 seaward of a line extending from 46°38.17'N. lat., 124°21.00'W. long. to 46°33.00'N. lat., 124°21.00'W. long. when lingcod is open.
(d) It is unlawful to fish for, retain, or possess lingcod in Catch Record Card Area 2 seaward of a line extending from 47°31.70'N. lat., 124°45.00'W. long. south to 46°38.17'N. lat., 124°30.00'W. long. when lingcod is open, except that lingcod may be taken, retained and possessed seaward of the line on days the primary halibut season is open.
(2) Catch Record Card Areas 5 through 13: May 1 through June 15 by angling, and May 21 through June 15 by spear fishing.