WSR 21-08-093

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Filed April 7, 2021, 11:49 a.m.]

Title of Rule and Other Identifying Information: WAC 220-314-010 Bottomfish and halibut—Closed areas, 220-314-020 Possession limits—Bottomfish, 220-314-030 Halibut—Seasons—Daily and possession limits, and 220-314-040 Lingcod—Areas and seasons.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of these rule changes 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).

Recreational fisheries in Washington are primarily constrained by yelloweye rockfish. Depth restrictions have been an effective tool for minimizing encounters and keeping catch within state specific harvest guidelines (HG). Largely influenced by the federal yelloweye rockfish annual catch limit, regulatory changes focus on the timing and need for depth and area restrictions. The regulatory changes also consider reducing restrictions on the retention of healthy rockfish species and take an additional incremental step toward the relaxation of depth and area closures that began in 2019 and 2020.

WAC 220-314-040 Bottomfish and halibut—Closed areas: This change would open the Westport Offshore Recreational Yelloweye Rockfish Conservation Area (YRCA) and the South Coast Recreational YRCA to fishing for, retaining, and possessing bottomfish or halibut.

WAC 220-314-020 Possession limits—Bottomfish: This change would allow five flatfish in addition to the nine fish daily bottomfish limit.

WAC 220-314-030 Halibut—Seasons—Daily and possession limits: Regulation changes are necessary to revise depth restrictions in Marine Area 1 through 4. Federal harvest quotas for yelloweye rockfish are sufficient to allow relaxation of depth restrictions which provides access to healthy lingcod resources that are commonly associated with yelloweye rockfish.

The twenty-fathom depth restriction in Marine Areas 3 and 4 west of the Bonilla-Tatoosh line would be in place from June 1 through July 31. Yellowtail and widow rockfish retention is allowed seaward of the one hundred twenty-foot depth restriction in July and August in Marine Area 4 east of the Bonilla-Tatoosh line and would be allowed seaward of the twenty fathom depth restriction in Marine Areas 3 and 4 west of the Bonilla-Tatoosh line in the month of July 2021.

In Marine Area 2, the thirty-fathom line would be in place from May 1 to May 31 2021.

In Marine Area 1 anglers would be allowed to retain the following bottomfish when halibut is on board: Sablefish, Pacific cod, flatfish, yellowtail, widow, canary, redstriped, greenstriped, silvergray, chilipepper, bocaccio, blue and deacon rockfish, as well as lingcod north of the Washington-Oregon [border].

In Marine Areas 3 and 4, anglers will be allowed to retain lingcod, sablefish, Pacific cod, bocaccio, silvergray, canary, widow, and yellowtail rockfish.

WAC 220-314-040 Lingcod—Areas and seasons: A deepwater closed area is in place in Marine Area 1 and Marine Area 2; this rule change would allow lingcod retention in this deepwater area from June 1 through June 15 and September 1 through September 30, 2021.

Reasons Supporting Proposal: This rule change conforms state regulations to regulations recently adopted by the 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 Washington department of fish and wildlife (WDFW).

Statutory Authority for Adoption: RCW 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; 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 Washington 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 June 22, 2021.

April 7, 2021

Annie Szvetecz

Rules Coordinator

OTS-2992.1