WSR 05-12-060

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-109 -- Filed May 27, 2005, 9:42 a.m. , effective May 27, 2005 ]


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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 [2005].

J. P. Koenings

Director


NEW SECTION
WAC 220-88D-01000B   Designation of the hagfish pot fishery as an emerging commercial fishery.   The director designates the hagfish pot fishery as an emerging commercial fishery for which use of a vessel is required. It is unlawful to fish for, possess, or deliver hagfish taken for commercial purposes unless the fisher has a valid emerging commercial fishery license and a hagfish pot trial fishery permit.

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NEW SECTION
WAC 220-88D-02000A   Emerging commercial fishery -- Eligibility for trial fishery permits -- Incidental catch.   (1) An individual may not hold more than one Washington hagfish pot trial permit.

(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.

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NEW SECTION
WAC 220-88D-03000A   Hagfish pot trial fishery -- Season and gear.   It is unlawful to fish for hagfish for commercial purposes except as provided in this section:

(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.

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NEW SECTION
WAC 220-88D-04000A   Hagfish pot trial fishery -- Logbook required.   It is unlawful for a participant in the hagfish pot trial fishery to fail to complete the department-supplied logbook with all indicated entries. Log book information is required to be submitted quarterly, and it is unlawful to fail to remit the information by April 15, July 15, October 15 or January 15 for the previous quarter, whether or not fishing activity occurred during that quarter. Failure to submit log book information may result in revocation of the trial fishery permit.

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REPEALER

     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)

Washington State Code Reviser's Office