FISH AND WILDLIFE
Purpose: Amend commercial rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-88D-01000A.
Statutory Authority for Adoption: RCW 77.12.047.
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: This rule establishes a trial emerging commercial fishery for hagfish. This open entry fishery is established to test the market for Washington-origin Pacific hagfish, and is being enacted on an emergency basis to meet market conditions. Permanent rules are being promulgated. Notification to the legislature has been given.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 26, 2004 .
J. P. Koenings
(2) Hagfish pot trial fishery permits are not transferable. Only the vessel designated on the emerging commercial fishery license and hagfish pot trial fishery permit may be used to fish for or deliver hagfish.
(3) A hagfish trial fishery permit will be issued only to a natural person who has a valid emerging commercial fishery license.
(4) Incidental catch:
(a) It is unlawful to retain any species other than hagfish.
(b) All species other than hagfish must be carefully handled and returned to the water promptly.
(1) Season - Open year round to hagfish pot gear only. (2) Area - Open only in Pacific Ocean waters greater than 50 fathoms in depth.
(3) Gear restrictions:
(a) Maximum of 50 hagfish pots per permit. Pots may be fished individually or on a common ground line.
(b) Hagfish pot gear requirements:
(i) Maximum entrance tunnel size of eleven square inches. Entrance tunnels may be of any shape.
(ii) Each pot is required to have at least one escape exit of at least nine and one half square inches in opening and which must be constructed of 120 thread size or smaller untreated cotton twine.
(c) Buoy requirements: Hag fish pot gear must be buoyed. Marker buoys must be floating and visible on the surface of the water, equipped with a pole, flag, radar reflector and operating light, and marked with the clear identification of the permittee. If ground lines are used, ground line end marker buoys must display the number of pots on the ground line.
The following section of the Washington Administrative Code is repealed:
|WAC 220-88D-01000A||Designation of the hagfish pot fishery as an emerging commercial fishery. (05-74)|