WSR 03-06-064

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 3, 2003, 2:05 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-01-076.

     Title of Rule: Commercial fishing rules.

     Purpose: Amend commercial squid gear rules.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: Prohibits the use of drag seine to fish for or harvest squid for commercial purposes in Puget Sound.

     Reasons Supporting Proposal: Prevent unintentional impact on habitat and other species while targeting squid.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

     Name of Proponent: Washington 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: Rule prohibits the use of drag seine gear to harvest squid. The purpose is to provide habitat protection in the near-shore shallow waters where marine vegetation exists. The anticipated effect is to prevent habitat damage to the shallow water vegetation where many types of fish and shellfish deposit their eggs, such as squid and herring for example.

     Proposal Changes the Following Existing Rules: Prohibits the use of drag seine to harvest squid.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. No fishery has occurred for this gear since 1978 and therefore no economic impact will occur.

     RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

     Hearing Location: Moses Lake Convention Center, 1475 Nelson Road N.E., Moses Lake, WA 98837, on April 11-12, 2003, begins at 8:00 a.m. on April 11, 2003.

     Assistance for Persons with Disabilities: Contact Susan Yeager by April 4, 2003, TDD (360) 902-2207 or (360) 902-2226.

     Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155 by April 4, 2003.

     Date of Intended Adoption: April 11, 2003.

March 3, 2003

Evan Jacoby

Rules Coordinator

OTS-6252.1


AMENDATORY SECTION(Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-52-066   Squid fishery.   (1) It is lawful at any time to take or fish for squid for commercial purposes with ((drag seine gear not exceeding 350 feet in length and having meshes of not less than 1-1/4 inches stretch measure,)) dip bag net, brail, and squid jigging gear. Dip bag net and brail may not exceed 10 feet in diameter nor have a mesh less than one inch stretch measure. Other gear may be used to fish for squid commercially if authorized by a permit issued by the director.

     (2) Food fish, other shellfish except octopus, and squid eggs caught while fishing for squid must be returned to the water immediately. It is lawful to retain for commercial purposes squid taken incidental to another commercial fishery.

     (3) Each vessel fishing for squid may use a lighting system with a combined power of not more than 10 kilowatts (10,000 watts). Lights of 200 watts or greater must be shielded and may not be directed to any point more than 100 feet from the vessel while fishing for or attracting squid.

     (4) It is unlawful to fish for squid for commercial purposes within 1/4 mile of the shoreline of an incorporated city or town.

     (5) Licensing: A squid fishery license is the license required to operate the gear provided for in this section.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), § 220-52-066, filed 5/19/94, effective 6/19/94; 84-08-014 (Order 84-24), § 220-52-066, filed 3/27/84; 80-13-064 (Order 80-123), § 220-52-066, filed 9/17/80; Order 807, § 220-52-066, filed 1/2/69, effective 2/1/69. Formerly WAC 220-52-060 (5) and (6).]

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