WSR 19-16-001
PERMANENT RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-150—Filed July 24, 2019, 12:03 p.m., effective August 24, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose of this rule change is to adopt Washington Administrative Code for coastal recreational bottomfish and halibut fisheries that are consistent with regulations adopted by the Pacific Fishery Management Council (council).
WAC 220-314-020 Possession limits—Bottomfish.
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.
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, the Washington department of fish and wildlife (WDFW) has revised restrictions on canary rockfish retention in a conservative manner after being a prohibited species in recreational fisheries for many years.
Reduce the cabezon sublimit to one in all coastal marine areas and remove the eighteen inch size limit in Marine Area 4. This rule change would revise the cabezon sublimit so that it is one fish per day in all marine areas and allows anglers in Marine Area 4 to keep the first cabezon, which reduces discards and streamlines regulations across management areas and simplifies rules for recreational anglers.
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.
WAC 220-314-030 Halibut—Seasons—Daily and possession limits.
Regulation changes are necessary to revise depth restrictions in Marine Area[s] 2 through 4. Federal harvest quotas for yelloweye rockfish in Washington are significantly higher for 2019 and 2020 compared to recent years, which allows some relaxation of depth restrictions, and provides access to healthy lingcod resources that are commonly associated with yelloweye rockfish. These changes provide additional opportunity for recreational anglers and streamline the regulations by implementing the start of the thirty-fathom depth restriction so it is the same as the opening day of the recreational bottomfish and lingcod season.
WAC 220-314-040 Lingcod—Areas and seasons.
This rule change aligns the opening of the lingcod season in Marine Area 4 with the opening of the recreational bottomfish and lingcod season in the other coastal management areas (Marine Areas 1-3). This change provides additional fishing opportunity for Washington recreational anglers to target lingcod approximately one month earlier than the current season opening. The rule change allows 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; this rule change would allow lingcod retention in this deepwater area from June 1 through June 15 and from September 1 through September 15. Other revisions 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.
WAC 220-220-150 Oregon license reciprocity.
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 the Pacific Fishery Management Council. 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.
Citation of Rules Affected by this Order: Amending 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.
Other Authority: C.F.R. Title 50, Part 660.
Adopted under notice filed as WSR 19-10-72 [19-10-072] on May 1, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 4, 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 0, 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: July 24, 2019.
Kelly Susewind
Director
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-220-150Oregon license reciprocity.
(1) A person may, from a vessel or other floating device, fish for game fish, food fish, unclassified fish, and shellfish, unless otherwise prohibited, from Pacific Ocean waters within three miles of the Washington coast from Leadbetter Point to the Washington-Oregon boundary, and from the concurrent waters of the Columbia River where the river forms the boundary between Oregon and Washington if the person possesses a valid Oregon resident angling license or a valid Oregon resident shellfish license, but only if Oregon recognizes as valid a comparable Washington personal use license in Pacific Ocean waters within three miles of the Oregon coast from the Oregon-Washington boundary to Cape Falcon and the concurrent waters of the Columbia River.
(2) This reciprocity applies only to fishing from a vessel or other floating device. Fishing from the Washington shore requires a Washington personal use license.
(3) This reciprocity applies only to Oregon residents, and residents of other states must possess either a valid Washington license or a valid Oregon license to take game fish, food fish, unclassified fish, and shellfish from the waters of the respective states.
(4) Any game fish, food fish, unclassified fish, or shellfish landed into Washington must conform with current rules in effect for the point of landing including, but not limited to, daily limits, possession limits, annual limits, size restrictions, and sex restrictions.
AMENDATORY SECTION(Amending WSR 18-23-070, filed 11/16/18, effective 12/17/18)
WAC 220-314-020Possession limits—Bottomfish.
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 ((and flatfish)) 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 ((which can include up to two canary rockfish in Catch Record Card Areas 1 through 4)). 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 ((3: 2 fish. Marine Area 4: 1 fish; the minimum size limit is 18 inches))4: 1 fish, no minimum size.
(c) Additional flatfish: In addition to the bottomfish limit in (b) of this subsection, 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.
AMENDATORY SECTION(Amending WSR 18-23-070, filed 11/16/18, effective 12/17/18)
WAC 220-314-030Halibut—Seasons—Daily and possession limits.
(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, and lingcod north of the Washington-Oregon border 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 the second Saturday in March ((15)) through ((June 15))May 31, it is unlawful to fish for or possess ((bottomfish, except rockfish))lingcod, seaward of line approximating the 30-fathom depth contour as defined by the coordinates below. However, a person may fish for and retain ((sablefish and Pacific cod from May 1 through June 15 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 west of Bonilla-Tatoosh line - 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 ((May))June 1 through Labor Day except, on days and times open to halibut fishing ((when only)), it is permissible to retain lingcod, sablefish, and Pacific cod ((can be retained)). The retention of yellowtail rockfish and widow rockfish is permitted seaward of the line approximating 20 fathoms on days open to the recreational salmon fishery during the months of July and August:
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 Area 4 east of the Bonilla-Tatoosh line, closed except as provided by emergency rule. It is unlawful to fish for or possess bottomfish seaward of a line approximating 120 feet except, on days open to the Pacific halibut fishery in this area, it is permissible to retain lingcod, and Pacific cod seaward of 120 feet as defined by WAC 220-314-010.
(e) 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 Area((s 5 and 6))5. 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.
AMENDATORY SECTION(Amending WSR 17-17-045, filed 8/10/17, effective 9/10/17)
WAC 220-314-040Lingcod—Areas and seasons.
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 ((and west)) 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. ((year-round))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. ((year-round))when lingcod is open, except that lingcod may be taken, retained and possessed seaward of the line on days open during the primary halibut season and from June 1 through June 15 and September 1 through September 15.
(2) Catch Record Card Areas 5 through 13: May 1 through June 15 by angling, and May 21 through June 15 by spear fishing.