WSR 98-23-045

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-236--Filed November 13, 1998, 11:41 a.m., effective November 16, 1998, 12:01 a.m.]

Date of Adoption: November 13, 1998.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-44-05000S; and amending WAC 220-44-050.

Statutory Authority for Adoption: RCW 75.08.080.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: These regulations are necessary to achieve conservation goals and to maintain consistency between state and federal regulations. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: November 16, 1998, 12:01 a.m.

November 13, 1998

Larry Peck

Acting Director

NEW SECTION

WAC 200-44-05000T Coastal bottomfish catch limits. Notwithstanding the provisions of WAC 220-44-050, effective 12:01 a.m. November 16, 1998 until further notice, it is unlawful to possess, transport through the waters of the state or land in any Washington State port bottomfish taken from Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A-1, 59A-2, 59B, 60A-1, 60A-2, 61, 62, or 63 in excess of the amounts or less than the minimum sizes shown below for the following species:

1. The following definitions apply to this section:

a. Cumulative limit - A cumulative limit is the maximum amount of fish that may be taken and retained, possessed or landed per vessel per calendar month, without a limit on the number of landings or trips. For B-platoon vessels a calendar month shall be the 16th of the month through the 15th of the following month. The final period of the calendar year for B-platoon vessels shall be November 16th through December 31st. The cumulative limit includes all fish harvested by a vessel during the month, whether taken in limited entry or open access fisheries. Once a cumulative limit has been achieved, an operator may begin fishing on the next cumulative limit so long as the fish are not landed until after the beginning of the next cumulative limit. The cumulative limit for B-platoon vessels in the final period of the calendar year shall be the sum of November and December trip limits for limited entry vessels.

b. Daily trip limit - The maximum amount of fish that may be taken and retained, possessed or landed per vessel from a single fishing trip in 24 consecutive hours, starting at 0001 hours.

c. Groundfish limited entry fishery - Fishing activity by a trawl, setline or bottomfish pot equipped vessel that has received a federal limited entry permit issued by the National Marine Fisheries Service endorsed for the qualifying gear type.

d. Groundfish open access fishery - Fishing activity by a vessel equipped with setline or bottomfish pot gear that has not received a federal limited entry permit, or a vessel using gear other than trawl, setline or bottomfish pot gear.

e. Vessel trip - A vessel trip is defined as having occurred upon the initiation of transfer of catch from a fishing vessel.

f. Vessel trip limit - The amount of fish that may not be exceeded per vessel trip. All fish aboard a fishing vessel upon the initiation of transfer of catch are to be counted towards the vessel trip limit.

g. Dressed length - The dressed length of a fish is the distance from the anterior insertion of the first dorsal fin to the tip of the tail.

2. Groundfish limited entry fishery limits. The following limits apply to the groundfish limited entry fishery in Coastal Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A-1, 59A-2, 59B, 60A-1, 60A-2, 61, 62, and 63 (notwithstanding the provisions of WAC 220-44-030):

a. Pacific ocean perch - One-month cumulative limit of 4,000 lbs. No minimum size.

b. Widow rockfish - One-month cumulative limit of 19,000 pounds. No minimum size.

c. Shortbelly rockfish - No minimum size. No maximum poundage.

d. Black rockfish - The vessel trip limit for black rockfish for commercial fishing vessels using hook-and-line gear between the U.S. Canada border and Cape Alava (4809'30" N. latitude) and between Destruction Island (4740'00" N. latitude) and Leadbetter Point (4638'10" N. latitude), is 100 pounds (round weight) or 30 percent by weight of all fish on board including salmon, whichever is greater, per vessel trip.

e. Sebastes complex - All species of rockfish except Pacific ocean perch, widow, shortbelly, and thornyhead (Sebastolobus spp.) One-month cumulative limit of 20,000 pounds, of which no more than 6,500 pounds may be yellowtail rockfish and no more than 500 pounds may be canary rockfish.

f. DTS Complex - (Dover sole, Thornyhead rockfish, and Sablefish) - Dover sole, one-month cumulative limit of 18,000 pounds for November 1998 and 36,000 pounds for December 1998. Longspine thornyheads, one-month cumulative limit of 7,500 pounds. Shortspine thornyheads, one-month cumulative limit of 1,500 pounds. Sablefish; for trawl vessels, one-month cumulative limit of 5,000 pounds; for non-trawl vessels, one-month cumulative limit of 1,500 pounds.

g. Sablefish -

(1) Trawl vessels - Not more than 500 pounds (round weight) of sablefish per trip may be smaller than 22 inches. Sablefish total length of 22 inches is equivalent to dressed length of 15.5 inches. To convert sablefish from dressed weight to round weight, multiply the dressed weight by 1.6.

(2) Non-trawl vessels - Daily trip limit of 300 pounds (round weight) not to exceed one-month cumulative limit of 1,800 pounds. Effective November 1, 1998, daily trip limit of 300 pounds (round weight) not to exceed one-month cumulative limit of 1,500 pounds.

h. Pacific Whiting - Trip limit of 10,000 pounds. No minimum size.

i. Lingcod - One-month cumulative limit of 500 pounds. Total length minimum size limit of 24 inches. Lingcod total length of 24 inches is equivalent to dressed length of 19.5 inches. To convert lingcod from dressed weight to round weight, multiply the dressed weight by 1.5. To convert lingcod from dressed, head on (gutted only), weight, multiply the dressed weight by 1.1.

(1) It shall be lawful to land up to 100 pounds of lingcod under 24 inches taken in the trawl fishery only.

3. Groundfish open access fishery limits. The following limits apply to the groundfish open access fishery in Coastal Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A-1, 59A-2, 59B, 60A-1, 60A-2, 61, 62, and 63 (notwithstanding the provisions of WAC 220-44-030). Notwithstanding the provisions of this subsection, no groundfish open access fishery limit may exceed a groundfish limited entry fishery daily, vessel or cumulative limit or more than 50% of any 2-month cumulative limit:

(a) Sablefish - Daily trip limit of 300 pounds (round weight) not to exceed one-month cumulative limit of 1,800 pounds per month. Effective November 1, 1998, daily trip limit of 300 pounds (round weight) not to exceed one-month cumulative limit of 1,500 pounds. No minimum size.

(b) Rockfish - Rockfish includes all Sebastes complex, yellowtail rockfish, canary rockfish, black rockfish, widow rockfish, thornyhead rockfish, shortbelly rockfish and Pacific ocean perch. Illegal to take, possess, transport, or land rockfish.

4. Vessels engaged in chartered research for National Marine Fisheries Service (NMFS) may land and sell bottomfish caught during that research without the catch being counted toward any trip, or cumulative limit for the participating vessel. Vessels that have been compensated for research work by NMFS with an Exempted Fishing Permit (EFP) to land fish as payment for such research may land and sell fish authorized under the EFP without the catch being counted toward any trip, or cumulative limit for the participating vessel. Any bottomfish landed during authorized NMFS research or under the authority of a compensating EFP for past chartered research work must be reported on a separate fish receiving ticket and not included on any fish receiving ticket reporting bottomfish landed as part of any trip or cumulative limit. Bottomfish landed under the authority of NMFS research work or an EFP compensating research with fish must be clearly marked "research" on the fish receiving ticket in the space reserved for dealer's use. The NMFS scientist in charge must sign the fish receiving ticket in the area reserved for dealer's use if any bottomfish are landed during authorized NMFS research. If the fish are landed under the authority of an EFP as payment for research work, the EFP number must be listed in the dealer's use space.

5. It is unlawful during the unloading of the catch and prior to its being weighed or leaving the unloading facility to intermix with any other species or category of bottomfish having a cumulative limit, vessel trip limit or daily trip limit.

6. The fisher's copy of all fish receiving tickets showing landings of species provided for in this section shall be retained aboard the landing vessel for 90 days after landing.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. November 16, 1998:

WAC 220-44-05000S Coastal bottomfish catch limits. (98-216)