Original Notice.

Preproposal statement of inquiry was filed as WSR 00-17-116.

Title of Rule: Personal use rules.

Purpose: Amend shellfish gear rules.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Allows use of three units of crab gear.

Reasons Supporting Proposal: The department is considering complete gear closures during crab molting periods. Additional gear during open periods may offset loss of fishing opportunity during closures.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2927.

Name of Proponent: Washington State Department of Fish and Wildlife, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Current rules allow two units of crab gear and two units of shrimp gear. This will increase the crab gear allowance to three units of gear, which may allow a greater number of crab to be harvested by recreational crabbers. This would reestablish the proportionate allocation that will be lost if the department institutes complete closures to all harvest during molting periods. Additional housekeeping change to correct name of Hood Canal shrimp district.

Proposal Changes the Following Existing Rules: Changes number of units of crab gear allowed per recreational fisher.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not involve small businesses, it involves recreational crab fishing.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Best Western Southcenter, 15901 West Valley Road, Tukwila, WA, on February 9-10, 2001, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by February 2, 2001, TDD (360) 902-2207, or (360) 902-2226.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501, fax (360) 902-2944, by February 8, 2001.

Date of Intended Adoption: February 9, 2001.

December 7, 2000

Evan Jacoby

Rules Coordinator

OTS-4562.2

AMENDATORY SECTION(Amending Order 00-29, filed 3/29/00, effective 5/1/00)

WAC 220-56-315   Crabs, shrimp, crawfish -- Unlawful acts.   (1) It is unlawful to take and possess crabs, shrimp, and crawfish taken for personal use except by hand or with hand dip nets, ring nets, shellfish pots, and any hand-operated instrument that will not penetrate the shell.

(2) It is unlawful to use more than two units of gear at any one time except:

(a) In Puget Sound waters other than Hood Canal Shrimp District ((5)) it is unlawful to use at any one time more than ((two)) three units of gear for the purpose of taking crabs and two additional units of gear for the purpose of taking shrimp.

(b) In Hood Canal Shrimp District ((5 (Hood Canal))) it is unlawful to use more than one shrimp pot and a total of two star traps or ring nets during the Hood Canal shrimp season. It is unlawful for the operator of any boat from which shrimp pots are set or pulled to have on board or to fish more than four shrimp pots.

(3) It is unlawful for any person to operate a shellfish pot not attached to a buoy bearing that person's name, except that a second person may assist the pot owner in operation of the gear.

(4) It is unlawful to salvage or attempt to salvage shellfish pot gear from Hood Canal that has been lost without first obtaining a permit authorizing such activity issued by the director, and it is unlawful to fail to comply with all provisions of such permit.

(5) It is unlawful to fish for or possess crab taken for personal use from the waters of Fidalgo Bay within 25 yards of the Burlington Northern Railroad trestle connecting March Point and Anacortes.

(6) It is unlawful to fish for or possess crab taken for personal use with shellfish pot or ring net gear from the waters of Padilla Bay or Swinomish Slough within 25 yards of the Burlington Northern Railroad crossing the northern end of Swinomish Slough except from one hour before official sunrise to one hour after official sunset.

(7) It is unlawful to dig for or possess ghost or mud shrimp taken for personal use by any method except hand operated suction devices or dug by hand.

(8) One unit of gear is equivalent to one ring net or one shellfish pot.

(9) Each unit of gear must be attached to its own buoy line and have a separate buoy for each unit of gear.

(10) No fisher may set or pull shellfish pots, ring nets or star traps from a vessel in all state waters from one hour after official sunset to one hour before official sunrise.

[Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), 220-56-315, filed 3/29/00, effective 5/1/00; 98-06-031, 220-56-315, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 94-14-069, 220-56-315, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-315, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-315, filed 5/12/92, effective 6/12/92; 89-07-060 (Order 89-12), 220-56-315, filed 3/16/89; 81-05-027 (Order 81-13), 220-56-315, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), 220-56-315, filed 2/27/80, effective 4/1/80.]

Washington State Code Reviser's Office