WSR 23-07-086
PERMANENT RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 23-42—Filed March 15, 2023, 11:28 a.m., effective April 15, 2023]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose of this rule change is to adopt WAC for the coastal recreational bottomfish fishery that are consistent with regulations adopted by the Pacific Fishery Management Council.
Recreational fisheries in Washington harvest copper rockfish, quillback rockfish, and vermilion rockfish. To keep catch consistent with federal annual catch limits and within state-specific harvest guidelines (HGs), the possession of copper rockfish, quillback rockfish, and vermilion rockfish would be prohibited in coastal marine waters for three months (May, June, and July) of the eight-month recreational bottomfish season. The partial season restriction on possession is intended [to] prohibit catch during peak periods to stay within the HGs while allowing possession during other months to support collection of biological (length, age) data essential to inform scientific stock assessment models that evaluate stock status.
WAC 220-314-020 Possession limits—Bottomfish, this change would prohibit the possession of copper rockfish, quillback rockfish, and vermilion rockfish in May, June, and July.
Citation of Rules Affected by this Order: Amending WAC 220-314-020 Possession limits—Bottomfish.
Other Authority: Title 50 C.F.R., Part 660.
Adopted under notice filed as WSR 23-02-065 on January 4, 2023.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 14, 2023.
Kelly Susewind
Director
OTS-4231.1
AMENDATORY SECTION(Amending WSR 21-16-069, filed 7/30/21, effective 8/30/21)
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 (Marine 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. In May, June, and July the possession limit for copper rockfish, quillback rockfish, and vermilion 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 bottomfish limit in (b) of this subsection, anglers may take 5 flatfish per person, per day, not to be counted towards the bottomfish limit but in addition to it.
(2) Inner Puget Sound (Marine Areas 4 east of the Bonilla-Tatoosh line, and 5 through 13):
(a) Marine Area 4 east of the Bonilla-Tatoosh line: Limit of surfperch is 12 per person per day. For all other bottomfish, 9 fish total, which may include no more than:
(i) Lingcod: 2 fish, no minimum length.
(ii) Rockfish: 7 fish. Only black, blue/deacon, yellowtail, and widow rockfish may be retained.
(iii) Wolf-eel: 0 fish.
(iv) Cabezon: 1 fish, no minimum size.
(b) Marine 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/deacon rockfish may be retained. |
in Marine Area 5 west of Slip Point | | 3 fish. Only black or blue/deacon 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) Marine 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) Marine 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) Marine 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) only in Dabob Bay north of Turner Creek | | 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 but there is no minimum size limit.
(g) In Marine Areas 5 through 11, and 13, the minimum size limit for cabezon is 18 inches. All cabezon must be released in Marine Areas 5 through 11, and 13, from December 1 through April 30.
(h) In Marine 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/deacon rockfish may be retained. After the daily limit of rockfish is caught, all subsequent rockfish must be released.
(i) In Marine 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.