Effective Date of Rule: Thirty-one days after filing.

     Purpose: To clarify the description of lawful methods of providing an escape mechanism on commercial shellfish pots. This clarification will make the rule easier to enforce and will allow the escape mechanism to work as intended. Properly rigged escape mechanisms save shellfish that are trapped in lost and abandoned crab pots.

     Reasons supporting proposal: This proposal will allow the Washington department of fish and wildlife to protect the state's shellfish resources and enhance commercial and recreational harvesting opportunities.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-52-035 Commercial shellfish pot gear -- Escape mechanism required.

     Statutory Authority for Adoption: RCW 77.04.012 and 77.12.047.

      Adopted under notice filed as WSR 11-05-042 on February 9, 2011.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 15, 2011.

Miranda Wecker, Chair

Fish and Wildlife Commission

OTS-3866.1

AMENDATORY SECTION(Amending Order 06-38, filed 3/9/06, effective 4/9/06)

WAC 220-52-035   Commercial shellfish pot gear -- Escape mechanism required.   It is unlawful to fish for or possess crab, shrimp, or crawfish taken for commercial purposes with shellfish pot gear unless the gear allows for escapement using at least one of the following methods:

     (1) Attachment of pot lid hooks or tiedown straps with a single strand or loop of untreated cotton twine or other natural fiber no larger than thread size 120 so that the pot lid will open freely if the twine or fiber is broken. It is permissible to use a single strand of cotton twine or other natural fiber tied together at the ends so that it can be looped between the tie down straps and the lid hook to connect them together.

     (2) Providing an opening in the pot mesh no less than three inches by five inches ((which is)) and laced or sewn closed with one single strand of untreated cotton twine or other natural fiber no larger than thread size 120. The single strand of cotton may not be wrapped multiple times or doubled in any way when lacing or sewing the wire mesh closed. The opening must be located within the top half of the pot and be unimpeded by the entry tunnels, bait boxes, or any other structures or materials.

[Statutory Authority: RCW 77.12.047. 06-07-044 (Order 06-38), § 220-52-035, filed 3/9/06, effective 4/9/06; 03-16-097 (Order 03-180), § 220-52-035, filed 8/6/03, effective 9/6/03. Statutory Authority: RCW 75.08.080. 87-23-006 (Order 87-187), § 220-52-035, filed 11/6/87.]

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