WSR 23-02-065

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 22-17—Filed January 4, 2023, 8:57 a.m.]

Title of Rule and Other Identifying Information: WAC 220-314-020 Possession limits—Bottomfish.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule change is to amend a rule affecting the coastal recreational bottomfish fishery so that it is consistent with regulations adopted by the Pacific Fishery Management Council (PFMC).

The rule change will prohibit the possession of copper rockfish, quillback rockfish, and vermilion rockfish during May, June, and July in the coastal recreational bottomfish fishery, i.e., in Marine Areas 1 through 4, to reduce total catch consistent with reductions in state-specific harvest guidelines for 2023. The coastal recreational bottomfish fishery season opens the second Saturday in March and closes the third Saturday in October and retention of these species will remain lawful in the other months of the season to support biological data collection needed for scientific population assessments.

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 through meetings sponsored by the Washington department of fish and wildlife (WDFW).

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

Statute Being Implemented: RCW 77.040.020, 77.12.045, and 77.12.047.

Rule is necessary because of federal law, [no further information provided by agency].

Name of Proponent: WDFW, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Lorna Wargo, 1111 Washington Street S.E., Olympia, WA, 360-581-5611; 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 the 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 Lorna Wargo, WDFW, 1111 Washington Street S.E., Olympia, WA, phone 360-581-5611, email Lorna.Wargo@dfw.wa.gov, AND RECEIVED BY March 6, 2023.

January 4, 2023

Chris Fredley

Acting Agency Rules Coordinator

OTS-4231.1