WSR 97-17-018

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-147--Filed August 8, 1997, 4:32 p.m., effective August 9, 1997, 12:01 a.m.]

Date of Adoption: August 8, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Amending WAC 220-48-015.

Statutory Authority for Adoption: RCW 75.08.080.

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: The north Puget Sound deep water bottomfish trawl fishery targets multiple species, among which is Pacific cod. Using previous years catch records, an allowable harvest of 55,000 pounds was projected through August 31, 1997, at which time the deep water fishery closes to protect Pacific cod. If, prior to August 31st, the 55,000 pounds are taken, the fishery closes early. Catches from January 1, 1997, through June 15, 1997, are 50,393 pounds which was in conformance with the projected harvest rate. Subsequent landings show very little additional Pacific cod. Through August 5, 1997, the Pacific cod harvest totaled just over 53,000 pounds, only an additional 2,600 pounds landed. These landings do not conform to the historical landings for this area and time period. The reason for this reduction in the catch is unknown. Either the forecast modeling that generated the 55,000 pound harvest level is in error, being to liberal, and the Pacific cod stocks have been severely overharvested, or the fishers have been discarding Pacific cod in order to keep the fishery open for other species. If Pacific cod stocks have been overharvested, it is necessary to immediately close the fishery for conservation. If discarding is occurring, the catch per unit effort prior to August 5th should have resulted in approximately 9,000 pounds of additional cod being handled. Since deep water Pacific cod die after being brought to the surface and discarded, 9,000 pounds of cod have been killed, but not landed. This handling mortality, added to the recorded harvest through August 5th, would put the fishery over the 55,000 pound limit. Either the Pacific cod stocks are less abundant than originally projected and a conservation issue exists or discarding is the reason for no Pacific cod in the landings and the limit has been achieved. Under either rationale the fishery needs to be closed to conserve the remaining Pacific cod.

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 1, 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.

Effective Date of Rule: August 9, 1997, 12:01 a.m.

August 8, 1997

Ron Swatfigure

for Bern Shanks

Director

NEW SECTION

WAC 220-48-01500C Bottom trawl fishery. Notwithstanding the provisions of WAC 220-48-015, effective 12:01 a.m. August 9, 1997 until further notice it is unlawful to fish for or possess bottomfish taken for commercial purposes with bottom trawl gear in Marine Fish/Shellfish Management Catch Reporting Areas 20A, 20B, 21A, 22A, and 22B in waters deeper than 40 fathoms.