WSR 19-10-072

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Filed May 1, 2019, 8:53 a.m.]

Title of Rule and Other Identifying Information: WAC 220-314-020 Possession limits—Bottomfish, 220-314-030 Halibut—Seasons—Daily and possession limits, 220-314-040 Lingcod—Areas and seasons, and 220-220-150 Oregon license reciprocity.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule proposal is to amend rules affecting the coastal recreational bottomfish and halibut fisheries so that they are consistent with regulations adopted by the Pacific Fishery Management Council (PFMC). These changes are consistent with actions taken by PFMC, which includes an extensive stakeholder process.

Reasons Supporting Proposal: This rule change conforms state regulations to regulations recently adopted by PFMC and implemented into federal regulation by the National Marine Fisheries Service. Stakeholder input from Washington recreational anglers was considered during the PFMC public hearing process and meetings sponsored by the Washington department of fish and wildlife (WDFW). By rule, here are the main reasons supporting individual rule amendments:

Three changes would revise sublimits for bottomfish that are part of the aggregate daily bottomfish bag limit and remove the minimum size limit for cabezon.

Canary rockfish: Remove the canary rockfish sublimit: The west coast canary rockfish population has rebuilt sufficiently to allow the retention of canary rockfish as part of the daily aggregate bottomfish limit. In recent years, WDFW has revised restrictions on canary rockfish retention in a conservative manner after being a prohibited species in recreational fisheries for many years. In 2017, retention of up to two canary rockfish was allowed in some areas of the coast with retention expanded to two canary rockfish in all marine areas in 2018. The federal harvest quota for canary rockfish in Washington recreational fisheries is 47.1 mt in 2019 and 44.3 mt in 2020, well below the 2018 catch of 4.6 mt. Removing the canary rockfish sublimit will give anglers additional opportunity to target and retain canary rockfish without risk of exceeding federal harvest quota.

Cabezon: Reduce the cabezon sublimit to one in all coastal marine areas and remove the 18-inch size limit in Marine Area 4: Currently the cabezon sublimit is two fish per day in Marine Areas 1-3 and one fish per day in Marine Area 4. This rule change would revise the cabezon sublimit so that it is one fish per day in all marine areas, which streamline[s] regulations in coastal marine areas and simplifies rules for recreational anglers.

There is currently an 18-inch minimum size limit for cabezon in Marine Area 4. Removing the size limit will allow anglers to keep the first cabezon they catch regardless of size and could reduce the amount of discarded fish. Similar to the change to the sublimit, removing the minimum size limit in Marine Area 4 will align with regulations in coastal Marine Areas 1-3 and simplify regulations for recreational anglers.

Flatfish: Allow three flatfish in addition to the nine daily bottomfish limit: This rule change is necessary to clarify current regulations so that it is clear that anglers can keep three flatfish (except Pacific halibut) per day that do not count toward their nine bottomfish daily aggregate limit, but that are in addition to it. The proposed rule change language better aligns with what is described in federal regulations.

Regulation changes are necessary to revise depth restrictions in Marine Area[s] 2 through 4. Depth restrictions are in place to reduce encounters with rebuilding yelloweye rockfish. The most recent stock assessment showed that yelloweye rockfish are rebuilding at [a] faster pace than previously thought. As a result, federal harvest quotas for yelloweye rockfish in Washington are significantly higher for 2019 and 2020 compared to recent years. Increased yelloweye rockfish harvest quotas allow some relaxation of depth restrictions and provide access to healthy lingcod resources that are commonly associated with yelloweye rockfish for recreational anglers.

Marine Area[s] 3 and 4: Revise regulations relative to the 20-fathom depth restriction: Currently anglers are restricted from fishing for, or retaining, bottomfish seaward of 20-fathoms from May 9 through Labor Day in Marine Areas 3 and 4. This rule change would revise the depth restriction so that [it] is in place from June 1 through Labor Day. In addition, the proposed rule changes would allow anglers to keep yellowtail and widow rockfish seaward of the 20-fathom depth restriction in the months of July and August on days open to the recreational salmon fishery. This change provides additional fishing opportunity for Washington recreational anglers to harvest healthy rockfish populations in a way that does not risk exceeding federal harvest quotas for rebuilding stocks like yelloweye rockfish.

Marine Area 2: Revise regulations relative to the 30-fathom depth restriction: Current regulations prohibit bottomfish retention seaward of 30-fathoms from March 15 through June 15; this rule change would revise the dates that the 30-fathom depth restriction is in place from the second Saturday in March through May 31. In addition, proposed rule changes would clarify that the 30-fathom depth restriction would be specific to lingcod rather than all bottomfish. These changes provide additional opportunity for recreational anglers to target lingcod in deepwater areas and streamline the regulations by implementing the start of the 30-fathom depth restriction so it is the same as the opening day of the recreational bottomfish and lingcod season.

This rule change would open the lingcod season in Marine Area 4, west of the Bonilla-Tatoosh line from the second Saturday in March through the third Saturday in October. This aligns the opening of the lingcod season in this area with the opening of the recreational bottomfish and lingcod season in the other coastal management areas (Marine Areas 1-3). This change streamlines regulations in coastal marine areas and provides additional fishing opportunity for Washington recreational anglers to target lingcod approximately one month earlier than the current season opening in April.

Proposed rule changes would allow lingcod retention when halibut is onboard a vessel in Marine Area 1 north of the Washington border on all days open to the recreational halibut fishery, rather than just during the month of May as described in the current rule.

In Marine Area 2, current regulations prohibit lingcod retention in a deepwater closed area (with some exceptions). This rule change would allow lingcod retention in this deepwater area from June 1 through 15 and from September 1 through 15. Other revisions to the current rule language would provide regulatory clarity by describing that the deepwater lingcod closures in Marine Areas 1 and 2 are in effect when lingcod is open, rather than year round.

In 2018, changes to WAC 220-314-030 were implemented to reflect a new four fish annual limit for the recreational halibut fishery approved through PFMC. The proposed change to WAC 220-220-150 expands the current rule language to include annual limits and improves the clarity and intent of the rule.

Statutory Authority for Adoption: RCW 77.040.020 [77.04.020], 77.12.045, and 77.12.047.

Statute Being Implemented: RCW 77.04.020, 77.12.045, and 77.12.047.

Rule is necessary because of federal law, C.F.R. Title 50, Part 660.

Name of Proponent: WDFW, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Heather Hall, 1111 Washington Street S.E., Olympia, WA, 360-902-2487; and Enforcement: Steve Bear, Police Chief, 1111 Washington Street S.E., Olympia, WA, 360-902-3463.

This notice meets the following criteria to use the expedited adoption process for these rules:

Adopts or incorporates by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

Have been the subject of negotiated rule making, pilot rule making, or some other process that involved substantial participation by interested parties before the development of the proposed rule.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: These changes are consistent with actions taken by PFMC, which includes an extensive stakeholder process. Through the delegation of authority provided by the fish and wildlife commission to the director, WDFW regulatory changes for consistency with PFMC actions may be approved by the director via expedited rule making.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Heather Hall, WDFW, 1111 Washington Street S.E., Olympia, WA, phone 360-902-2487, fax 360-902-5244, email heather.hall@dfw.wa.gov, AND RECEIVED BY July 2, 2019.

April 30, 2019

Scott Bird

Rules Coordinator