WSR 97-24-082

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Filed December 2, 1997, 4:25 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-19-094.

Title of Rule: Coastal and Puget Sound commercial bottomfish.

Purpose: To change provisions, seasons, and conditions for commercial fishers in the coastal and Puget Sound bottomfish fisheries.

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: Seasons, areas, and manners for the commercial fisheries for bottomfish in Puget Sound will be changed to improve management and conserve resources.

Reasons Supporting Proposal: Proposal will conserve resources by preventing targeted fisheries on depressed resources, improve management capabilities to promote orderly fisheries, and to simplify regulations.

Name of Agency Personnel Responsible for Drafting: Wayne A. Palsson, 16018 Mill Creek Boulevard, Mill Creek, WA, (425) 379-2313; Implementation: Bruce Crawford, 1111 Washington Street, Olympia, WA, (360) 902-2325; and Enforcement: Ron Swatfigure, 1111 Washington Street, Olympia, WA, (360) 902-2927.

Name of Proponent: Washington State 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: Seasons, areas, and manners for commercial fisheries for bottomfish in coastal waters and Puget Sound will be changed to simplify regulations, improve management by requiring more precise catch reporting, and conserve resources by preventing targeted fisheries on depressed resources.

Several regulations will simplify and clarify the regulation and management of the Neah Bay area (Area 29). Presently this area is regulated by both chapter 220-44 WAC, Coastal waters--Marine fish and chapter 220-48 WAC, Puget Sound bottomfish. References to Marine Fish-Shellfish Management and Catch Reporting Area 29 will be stricken from chapter 220-44 WAC. New and modified regulations in chapter 220-48 WAC will bring commercial fisheries for bottomfish in the Neah Bay area (Area 29) completely under the regulations for Puget Sound. Puget Sound regulations for bottomfish will be modified to assure that the intent of chapter 220-44 WAC for coastal marine fish remains in effect.

In order to improve the management of the trawl fishery and conserve Pacific cod, proposed regulations will require fishers to record the latitude and longitude in logbooks each time they set and retrieve trawl gear in all Puget Sound areas. Mandatory logbooks are already required in Puget Sound. This information is crucial for establishing conservation closures and for reducing conflicts with other fisheries. For the few fishers who do not own radio or satellite navigation gear, a one-time expense of approximately $300 will be required for a navigation system.

Other regulation changes for Puget Sound are proposed to conserve depressed or limited stocks of bottomfish in Puget Sound. These conservation regulations will eliminate seasons for gears that target rockfish and lingcod; institute landing and size limits for sablefish, rockfish, and lingcod; and shorten trawl seasons to protect depressed stocks of Pacific cod.

Proposal Changes the Following Existing Rules: See Small Business Economic Impact Statement below.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Commercial rules for coastal and Puget Sound bottomfish: Chapters 220-44 and 220-48 WAC.

1. Description of Reporting, Recordkeeping and Other Compliance Measures Required by Proposal: Fishers in the bottom trawl fishery will be required to record the latitude and longitude in mandatory logbooks every time they set and retrieve their fishing gear. They are already required to maintain other information on every set of their gear in mandatory logbooks provided by the department.

Fishers using bottom trawl gear will have less fishing opportunity. They will also be required to keep and sell all Pacific cod taken. Processors will be required to take delivery on this species.

Other rules will require fishers to monitor their catches to assure that vessel trip limits are not exceeded for sablefish, rockfish, and lingcod. Fishers using commercial gear will be limited in the seasons for lingcod and sizes of lingcod retained. Seasons for bottomfish jig, troll, and pot gear in Area 29 will be closed.

2. Professional Services Required for Compliance: None.

3. Costs of Compliance, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: $300 for electronic navigation system for those fishers using trawl gear who do not already possess a navigation system.

4. Will Compliance Cost Business to Lose Sales or Revenue? Vessel trip limits proposed for Puget Sound are not expected to seriously impact the present fishery since average catches are below the proposed limits.

The season reduction for the deep water fishery in the Strait of Georgia and adjacent waters will seriously reduce the catch of three or four of the twenty-two active trawlers in Puget Sound. There will likely be a 25% reduction in the landed catch and incomes of these four fishers. Combined with the season limitations imposed earlier this year, this added season restriction may force one to three of these fishers to find other business opportunities.

In Area 29 (Neah Bay), the closure of the season for bottomfish troll, jig, and pot gears in Area 29 (Neah Bay) will not cause any adverse impact. Less than $400 value of fish have been sold to processors during recent average years and participation in the fishery has been limited.

In Area 29, the reduction in the bottom trawl fishing season could decrease the value of the bottom trawl fishery by 65%, reducing the average value to trawl fishery by $16,740. There could be a 64% decrease in trawling trips in Neah Bay, but the average of forty-two trips per year demonstrates only limited participation in the fishery.

Processors will loose [lose] the opportunity to process and sell fish products resulting from the seasonal closures and catch limits.

5. Comparison of Costs for the 10% of Businesses That are the Largest Business Required to Comply with the Proposed Rule: The three or four of the fishers affected by the season limitation in the deep water fishery in the Strait of Georgia will probably loose [lose] about $15,000 per licensed vessel. The total value of the fishery has averaged $368,000 per year for the twenty-two active licenses. The three or four fishers in the deep water fishery are among the most active and successful of the active trawlers in Puget Sound and are the primary vessels targeting Pacific cod.

In Area 29 (Neah Bay), there are not any dedicated fishers that exclusively fish in this area. One or two trawlers fish in this area to supplement their incomes from other fisheries. They may experience an $8,000 to $10,000 [decrease] in their annual revenues due to the proposed changes.

6. Steps Taken by Agency to Reduce the Costs of the Rule on Small Businesses: The department has limited the areas and seasons of closure to allow fisheries to persist.

7. Description of How the Agency will Involve Small Business in Rule Development: The department has held public workshops with target user groups in previous years and will hold workshops in November.

8. List of Industries Required to Comply with this Rule: Puget Sound trawlers and fishers using set line, set net, drag seine, and bottomfish pot gear. Processors and dealers in wholesale fish.

A copy of the statement may be obtained by writing to Wayne Palsson, 16018 Mill Creek Boulevard, Mill Creek, WA 98012-1296, phone (425) 379-2313, or FAX (425) 379-2323.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulic rules.

Hearing Location: Maple Hall, 108 Commercial Street, La Conner, WA, on January 23-24, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Robin Ayers by January 8, 1998, TDD (360) 902-2295, or (360) 902-2933.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA, FAX (360) 902-2940, by January 14, 1998.

Date of Intended Adoption: January 24, 1998.

December 2, 1997

Evan Jacoby

Rules Coordinator

AMENDATORY SECTION (Amending Order 96-43, filed 5/9/96, effective 6/9/96)

WAC 220-44-030 Coastal bottomfish gear. It is unlawful to take, fish for, possess, transport through the waters of the state or land in any Washington state ports, bottomfish taken for commercial purposes in Marine Fish-Shellfish Management and Catch Reporting Areas ((29,)) 59A, 59B, 60A and that portion of Area 58 within the United States 200-mile Fishery Conservation Zone with any gear except as provided in this section:

(1) Otter trawl and beam trawl.

(a) It is unlawful to use, operate or carry aboard any fishing vessel otter trawl gear having meshes measuring less than 3 inches anywhere in the net.

(b) It is unlawful to use or operate any bottom roller or bobbin trawl having meshes less than 4.5 inches anywhere in the net. Rollers, bobbins, or discs used in roller or bobbin trawls must be a minimum of 14 inches in diameter.

(c) It is unlawful to use or operate a pelagic trawl with meshes less than 3.0 inches anywhere in the net. Footropes of pelagic trawls must be less than 1.75 inches in diameter, including twine necessary for seizing material. Sweeplines, including the bottom leg of the bridle, must be bare.

(d) For at least 20 feet immediately behind the footrope or headrope, bare rope or mesh of 16-inch minimum mesh size must completely encircle the net. A band of mesh may encircle the net under transfer cables, lifting or splitting straps (chokers), but must be: Over riblines and restraining straps; the same mesh size and coincide knot-to-knot with the net to which it is attached; and no wider than 16 meshes.

(e) Chafing gear may encircle no more than 50 percent of the circumference of any bottom, roller, bobbin or pelagic trawl except as specified in (d) of this subsection. No section of chafing gear may be longer than 50 meshes of the net to which it is attached. Except at the corners, the terminal end of each section of chafing gear must not be connected to the net. Chafing gear must be attached outside any riblines and restraining straps. There is no limit on the number of sections of chafing gear on a net.

(f) It is unlawful to use double wall codends in any trawl gear.

(g) Licensing: A food fish trawl--non-Puget Sound fishery license is the license required to operate the gear provided for in this section. Additionally a federal limited entry permit is required in Areas 59A, 59B, 60A and that portion of Area 58 within the Exclusive Economic Zone.

(h) Area restriction: It is unlawful to use bottom roller, bobbin or disc trawl or to use a foot rope greater than 5 inches in diameter in state territorial waters (0-3 miles) within the catch areas provided for in this section.

(2) Set lines.

(a) It is unlawful for the operator of set lines to leave such gear unattended unless marked as provided in WAC 220-20-010(5). Set lines must be attended at least once every seven days. Set lines must be marked at the surface at each terminal end with a pole, flag, light, radar reflector, and a buoy displaying clear identification of the owner or operator.

(b) Licensing: A food fish set line fishery license is the license required to operate the gear provided for in this section.

(c) Area restriction: It is unlawful to use set line gear in state territorial waters (0-3 miles) within Areas 59A, 59B, 60A and that portion of Area 58 within the Exclusive Economic Zone.

(3) Bottomfish pots.

(a) It is unlawful for the operator of bottomfish pots to leave such gear unattended unless marked as provided in WAC 220-20-010(5). Bottomfish pots must be attended at least once every seven days. Bottomfish pots set individually must be marked at the surface with a pole and a flag, light, or radar reflector, and a buoy displaying clear identification of the owner. Bottomfish pots laid on a groundline must be marked at the surface at each terminal end of the groundline with a pole and a flag, light, and radar reflector, and a buoy displaying clear identification of the owner or operator.

(b) Licensing: A bottomfish pot fishery license is the license required to operate the gear provided for in this section.

(c) Area restriction: It is unlawful to use bottomfish pots in state territorial waters (0-3 miles) within the catch areas provided for in this section.

(4) Commercial jig gear.

(a) Licensing: A bottomfish jig fishery license is the license required to operate the gear provided for in this section.

(b) Area restriction: It is unlawful to use commercial jig gear in state territorial waters (0-3 miles) within the catch areas provided for in this section.

(5) Troll lines.

(a) Licensing: A bottomfish troll fishery license is the license required to operate the gear provided for in this section.

(b) Area restriction: It is unlawful to use bottomfish troll gear in state territorial waters (0-3 miles) within the catch areas provided for in this section.

(6) Incidental catch.

(a) It is lawful to retain bottomfish taken incidental to any lawful salmon fishery, up to a daily limit of 100 pounds or 30% of all fish on board, whichever is greater. No more than one trip per day provided the bottomfish could be lawfully taken.

(b) It is unlawful to take salmon incidental to any lawful bottomfish fishery.

(c) It is lawful to retain sturgeon taken incidental to any lawful bottomfish fishery, provided the sturgeon could be lawfully taken.

(d) It is unlawful to retain any species of shellfish taken incidental to any lawful bottomfish fishery, except that it is lawful to retain octopus and squid.

[Statutory Authority: RCW 75.08.080. 96-11-055 (Order 96-43), 220-44-030, filed 5/9/96, effective 6/9/96; 94-12-009 (Order 94-23), 220-44-030, filed 5/19/94, effective 6/19/94; 92-07-008 (Order 92-07), 220-44-030, filed 3/6/92, effective 4/16 88-22-033 (Order 88-157), 220-44-030, filed 10/27/88; Statutory Authority: RCW 75.08.080. 88-22-033 (Order 88-157), 220-44-030, filed 10/27/88; 84-08-014 (Order 84-24), 220-44-030, filed 3/27/84; 82-14-056 (Order 82-72), 220-44-030, filed 7/1/82; 82-03-045 (Order 82-6), 220-44-030, filed 1/19/82; 81-02-053 (Order 81-3), 220-44-030, filed 1/7/81; 79-03-014 (Order 79-11), 220-44-030, filed 2/15/79; 78-04-039 (Order 78-11), 220-44-030, filed 3/20/78.]

AMENDATORY SECTION (Amending Order 96-43, filed 5/9/96, effective 6/9/96)

WAC 220-44-050 Coastal bottomfish catch limits. It is unlawful to possess, transport through the waters of the state, or land in any Washington state port bottomfish taken from Marine Fish-Shellfish Management and Catch Reporting Areas ((29,)) 58B, 59A, 59B, 60A, 61, 62, or 63 in excess of the amounts or less than the minimum sizes shown below for the species indicated. All weights are in round pounds:

(1) The following definitions apply to this section:

(a) Cumulative limit. A cumulative limit is the maximum amount of fish that may be taken and retained, possessed or landed per vessel per calendar month, without a limit on the number of landings or trips. The cumulative limit includes all fish harvested by a vessel during the month, whether taken in limited entry or open access fisheries. Once a cumulative limit has been achieved, an operator may begin fishing on the next cumulative limit so long as the fish are not landed until after the beginning of the next cumulative limit.

(b) Two-month cumulative limit is the maximum amount of fish that may be taken and retained, possessed or landed per vessel per two fixed-calendar month period, without a limit on the number of landings or trips. The fixed two-month periods are January-February, March-April, May-June, July-August, September-October and November-December. No more than sixty percent of any two-month cumulative limit may be taken and retained, possessed or landed per vessel in either calendar month of the fixed, two-month period. The two-month cumulative limit includes all fish harvested by a vessel during the two-month period, whether taken in limited entry or open access fisheries. Once a two-month cumulative limit has been achieved, an operator may begin fishing on the next two-month cumulative limit so long as the fish are not landed until after the beginning of the next two-month cumulative period.

(c) Vessel trip. A vessel trip is defined as having occurred upon the initiation of transfer of catch from a fishing vessel.

(d) Vessel trip limit. The amount of fish that may not be exceeded per vessel trip. All fish aboard a fishing vessel upon the initiation of transfer of catch are to be counted towards the vessel trip limit.

(e) Daily trip limit. The maximum amount of fish that may be taken and retained, possessed, or landed per vessel from a single fishing trip in 24 consecutive hours, starting at 0001 hours local time.

(f) Groundfish limited entry fishery - Fishing activity by a trawl, setline or bottomfish pot equipped vessel that has received a federal limited entry permit issued by the National Marine Fisheries Service endorsed for the qualifying gear type.

(g) Groundfish open access fishery - Fishing activity by a vessel equipped with setline or bottomfish pot gear that has not received a federal limited entry permit, or a vessel using gear other than trawl, setline or bottomfish pot gear.

(h) Dressed length - The dressed length of a fish is the distance from the anterior insertion of the first dorsal fin to the tip of the tail.

(2) Groundfish limited entry fishery limits. The following limits apply to the groundfish limited entry fishery in Coastal Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A, 59B, 60A, 61, 62, and 63((, and apply to all listed bottomfish species and species complexes taken in Puget Sound Marine Fish-Shellfish Management and Catch Reporting Area 29)):

(a) Pacific Ocean perch - Two-month cumulative limit of 10,000 pounds. No minimum size.

(b) Widow rockfish - Two-month cumulative limit of 70,000 pounds. No minimum size.

(c) Shortbelly rockfish - No maximum poundage. No minimum size.

(d) Black rockfish - The vessel trip limit for black rockfish for commercial fishing vessels using hook-and-line gear between the U.S. Canada border and Cape Alava (4809'30" N. latitude) and between Destruction Island (4740'00" N. latitude) and Leadbetter Point (4638'10" N. latitude), and fishing beyond the three-mile territorial limit is 100 pounds (round weight) or 30 percent by weight of all fish on board including salmon, whichever is greater, per vessel trip.

(e) Sebastes complex - All species of rockfish except Pacific Ocean perch, widow, shortbelly and thornyhead (Sebastolobus spp.).

(i) North of Cape Lookout and south of Cape Lookout if no declaration has been made - Two-month cumulative limit of 70,000 pounds, of which no more than 32,000 pounds may be yellowtail rockfish and no more than 18,000 pounds may be canary rockfish. No minimum size on any species in this category.

(ii) South of Cape Lookout - Two-month cumulative limit of 100,000 pounds of which no more than 70,000 pounds may be yellowtail rockfish and no more than 18,000 pounds may be canary rockfish, provided the licensee has made a declaration as follows:

(A) The declaration must be made at least 12 hours prior to departing from port by telephoning the department Montesano office at (360) 249-4628, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. The declarer will receive a declaration number from the department.

(B) The declaration must include: Vessel name; federal limited entry permit number; operator's name, phone number and address; anticipated date and port of departure; anticipated date and port of return.

(C) Phone declarations must be followed by a written declaration, signed by the operator and mailed or delivered to the Montesano office at 48 Devonshire Road, Montesano, WA 98563, prior to the day of departure. Forms are available at that office or from coastal processors.

(D) No fishing north of Cape Lookout is allowed after declaring for fishing south of Cape Lookout until the vessel has landed at a Washington or Oregon port and notified the Montesano office during business hours.

(iii) There is a maximum two-month cumulative limit for landings from both north and south of Cape Lookout of 100,000 pounds of which no more than 70,000 pounds may be yellowtail rockfish and no more than 18,000 pounds may be canary rockfish.

(iv) Wholesale fish dealers purchasing more than 42,000 pounds of the Sebastes complex, 19,200 pounds of yellowtail rockfish or 10,800 pounds of canary rockfish must enter the declaration number on the fish receiving ticket.

(f) DTS Complex - (sablefish, dover sole and thornyhead rockfish) - Two-month cumulative limit of 70,000 pounds, of which no more than 12,000 pounds may be sablefish and not more than 20,000 pounds may be thornyhead rockfish of which no more than 4,000 pounds may be shortspine thornyheads.

(g) Sablefish.

(i) Trawl vessels - Not more than 500 pounds (round weight) of sablefish per trip may be sablefish less than 22 inches total length. Sablefish total length of 22 inches is equivalent to dressed length of 15.5 inches. To convert sablefish from dressed weight to round weight, multiply the dressed weight by 1.6.

(ii) Nontrawl vessels - Daily trip limit of 300 pounds (round weight). No minimum size. Effective 0001 hours September 1, 1996, no maximum poundage. Not more than 1,500 pounds or 3 percent of all sablefish aboard, per trip, may be sablefish less than 22 inches in length (15.5 inches dressed length).

(h) Pacific whiting - Vessel trip limit of 10,000 pounds. No minimum size. Effective 0001 hours May 15, 1996, no maximum poundage.

(i) Lingcod - Two-month cumulative limit of 40,000 pounds. Total length minimum size limit of 22 inches. Lingcod total length of 22 inches is equivalent to dressed length of 18 inches. To convert lingcod from dressed weight to round weight, multiply the dressed weight by 1.5. To convert lingcod from dressed, head on (gutted only) weight, multiply the dressed weight by 1.1.

(3) Groundfish open access fishery limits. The following limits apply to the ground fish open access fishery in Coastal Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A, 59B, 60A, 61, 62, and 63((, and, unless otherwise provided, apply to all listed species and species complexes taken in Puget Sound Marine Fish-Shellfish Management and Catch Reporting Area 29)). Notwithstanding the provisions of this subsection, no groundfish open access fishery limit may exceed a groundfish limited entry fishery daily, vessel or cumulative limit or exceed fifty percent of a ground fish limited entry fishery two-month cumulative limit:

(a) Sablefish - Daily trip limit of 300 pounds (round weight). No minimum size.

(b) Rockfish.

Vessel trip limit of 10,000 pounds. Cumulative trip limit of 35,000 pounds.

(c) Lingcod - Cumulative limit of 20,000 pounds. Total length minimum size limit of 22 inches. Lingcod total length of 22 inches is equivalent to dressed length of 18 inches. To convert lingcod from dressed weight to round weight, multiply the dressed weight by 1.5. To convert lingcod from dressed head on (gutted only) weight, multiply the dressed weight by 1.1.

(d) Thornyhead rockfish - Daily trip limit of 50 pounds (round weight). No minimum size.

(((e) Setline gear in Area 29:

It is lawful to use setline gear in Area 29, except that it is unlawful to retain rockfish and lingcod with a cumulative weight greater than thirty percent of the weight of all fish aboard not to exceed 100 pounds. Maximum one vessel trip per day.))

(4) It is unlawful for the operator of any vessel during unloading of the catch and prior to its being weighed or leaving the unloading facility to intermix with any other species a species or category of bottomfish having a cumulative limit, vessel trip limit, or a daily trip limit.

(5) The fishers copy of all fish receiving tickets showing landings of species provided for in this section must be retained aboard the landing vessel for 90 days after landing.

[Statutory Authority: RCW 75.08.080. 96-11-055 (Order 96-43), 220-44-050, filed 5/9/96, effective 6/9/96; 95-08-069 (Order 95-29), 220-44-050, filed 4/4/95, effective 5/5/95; 94-13-077 (Order 94-51), 220-44-050, filed 6/10/94, effective 7/11/93-07-093 (Order 93-16), 220-44-050, filed 3/22/93, effective 4/22/93; 92-07-008 (Order 97-07), 220-44-050, filed 3/6/92, effective 4/16/92; 91-07-050 (Order 91-12), 220-44-050, filed 3/18/91, effective 4/18/91; 90-13-108 (Order 90-26), 220-44-05iled 6/21/90, effective 7/22/90. Statutory Authority: RCW 75.08.070 and 75.08.080. 89-14-069 (Order 89-54), 220-44-050, filed 6/30/89; 89-06-030 (Order 89-07), 220-44-050, filed 2/24/89; 88-14-020 (Order 88-42), 220-44-050, filed 6/28/88. Statutory Authority: RCW 75.08.080. 87-07-042 (Order 87-17), 220-44-050, filed 3/16/87; 86-12-027 (Order 86-39), 220-44-050, filed 5/28/86. Statutory Authority: RCW 75.08.070 and 75.08.080. 85-07-022 (Order 85-17), 220-44-050, filed 3/13/85. Statutory Authority: RCW 75.08.080. 84-08-014 (Order 84-24), 220-44-050, filed 3/27/84; 83-17-030 (Order 83-88), 220-44-050, filed 8/10/83; 83-10-016 (Order 83-31), 220-44-050, filed 4/26/83.]

AMENDATORY SECTION (Amending Order 85-24, filed 4/1/85)

WAC 220-44-080 Otter trawl logbook required. It shall be unlawful for any operator of otter trawl gear to fail to possess and maintain a "Washington-Oregon-California Trawl Logbook" while fishing in Coastal Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A, 59B, 60A, 61, 62((,)) and 63((, or Puget Sound Marine Fish-Shellfish Management and Catch Reporting Area 29)). The logbook must be kept aboard the vessel while it is fishing in the above areas, or while having fish aboard that were caught in the above areas. The vessel operator must submit the completed logbook for inspection immediately upon request by authorized department of fisheries representatives. For each vessel trip, the operator shall record the vessel name and registration number, crew size, fuel used, departure and return date and time, general locality fished and buyers of fish landed. For each trawl tow conducted the vessel operator shall record the month and day, duration of tow, area fished, depth fished, net type, target species, and estimated weight of each species of fish retained. The departments copies of completed log sheets must be submitted to the department for each month in which fishing activity occurs. The departments copies must be received within ten days following any calendar month in which fishing activity occurred, or within ten days following the termination of commercial fishing activity, whichever occurs first.

[Statutory Authority: RCW 75.08.080. 85-08-023 (Order 85-24), 220-44-080, filed 4/1/85.]

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

WAC 220-48-005 Puget Sound bottomfish--General provisions. (1) It is unlawful to possess any English sole less than 12 inches in length taken by any commercial bottomfish gear in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.

(2) It is unlawful to possess any starry flounder less than 14 inches in length taken by any commercial bottomfish gear in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.

(3) It is unlawful to possess lingcod taken with any commercial gear the entire year in Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas 23D, 24A, 24B, 24C, 24D, 25B, 25C, 25D, 26A, 26B, 26C, 26D, 27A, 27B, 27C, 28A, 28B, 28C, and 28D.

(4) It is unlawful to possess any lingcod less than 26 inches in length or greater than 40 inches in length taken by any commercial gear in all state waters east of the ((mouth of the Sekiu River)) Bonilla-Tatoosh line.

(5) ((It is unlawful to possess lingcod taken with any commercial gear from December 1 through April 14 in Puget Sound Marine Fish-Shellfish Management and Catch Reporting Area 29.

(6))) It is unlawful to possess lingcod taken by any commercial gear from June 16 through April 30 in Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 23A, 23B, 23C, 25A, ((and)) 25E, and 29.

(((7))) (6) It is unlawful to possess any species of shellfish taken with lawful bottomfish gear except as provided in WAC 220-52-063 and 220-52-066.

(((8))) (7) Incidental catch.

(a) It is lawful to retain bottomfish taken incidental to any lawful salmon fishery, provided the bottomfish could be lawfully taken.

(b) It is unlawful to retain salmon or sturgeon taken incidental to any lawful bottomfish fishery in Puget Sound.

(c) It is unlawful to retain any species of shellfish taken incidental to any bottomfish fishery in Puget Sound, except that it is lawful to retain octopus and squid.

(d) It is unlawful to retain any whiting taken incidental to any bottomfish fishery in Catch Areas 24B, 24C or 26A except using pelagic trawl gear when these areas have been opened by the director for a directed whiting fishery.

(8) A vessel trip is defined as having occurred upon the initiation of transfer of catch from a fishing vessel.

(9) Pacific cod.

(a) It is unlawful to discard any Pacific cod taken by any commercial fishing gear.

(b) All Pacific cod taken by a commercial gear shall be landed at a licensed commercial dealer.

(10) Sablefish. It is unlawful to take more than 300 pounds of sablefish on any vessel trip in any Puget Sound Marine Fish-Shellfish Management and Catch Reporting Area.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-48-005, filed 5/19/94, effective 6/19/94; 93-15-051, 220-48-005, filed 7/14/93, effective 8/14/93; 92-11-011 (Order 92-28), 220-48-005, filed 5/12/92, effective 6/12/92; 85-08-023 (Order 85-24), 220-48-005, filed 4/1/85; 83-24-024 (Order 83-200), 220-48-005, filed 11/30/83, effective 1/1/84; 82-24-080 (Order 82-215), 220-48-005, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), 220-48-005, filed 7/1/82.]

AMENDATORY SECTION (Amending Order 85-24, filed 4/1/85)

WAC 220-48-013 Beam trawl and otter trawl logbooks. It shall be unlawful for any operator of beam trawl or otter trawl gears to fail to obtain and accurately maintain a "Washington Inside Waters Trawl Logbook" while fishing for, or while in possession of, bottomfish taken from east of the mouth of the Sekiu River. A logbook must be obtained from the Washington department of fisheries and must be kept aboard the vessel while fishing, or in possession of bottomfish taken east of the mouth of the Sekiu River. The vessel operator must submit the completed logbook for inspection immediately upon request by authorized department of fisheries representatives. For each fishing trip, and prior to landing, vessel operators shall record the vessel name and state registration number, the dates and times of departure from and return to port, and the buyer(s) of the fish landed. In addition, for each trawl tow conducted during the trip, the vessel operator shall record the month and day, duration of the tow, specific area fished, latitude and longitude to the nearest tenth minute of the gear set and haul back position, depth fished, net type, target species and estimated weight of each species of fish retained. The department copies of the completed logbook sheet(s) must be submitted to the department for each calendar month in which fishing activity occurs. Department copies must be received within ten days following any calendar month in which fishing activity occurred and by the tenth day following the termination of commercial fishing activity, whichever occurs first.

[Statutory Authority: RCW 75.08.080. 85-08-023 (Order 85-24), 220-48-013, filed 4/1/85.]

AMENDATORY SECTION (Amending Order 97-52, filed 3/17/97, effective 4/17/97)

WAC 220-48-015 Beam trawl and bottom trawl--Seasons. (1) It is lawful to fish for and possess bottomfish taken with bottom trawl and beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 22A, 22B, 23A, 23B, 23C, 25A, 25B, and 29 the entire year with the following exceptions:

(a) Those waters of Area 20A east of a line projected from Point Whitehorn to Sandy Point are closed the entire year.

(b) Those waters of Area 20A within an area bounded by lines from Lilly Point to Birch Point and from the southwest corner of Point Roberts to Point Whitehorn to where these two lines are intersected by a line south from Kwomais Point in British Columbia and a line from Lilly Point to the north Alden Bank buoy are closed April 15 through May 31.

(c) Those waters of Area 20A within an area bounded by lines from Lilly Point to Birch Point and Lilly Point to the north Alden Bank buoy to where those lines are intersected by a line projected approximately 230 degrees south from Birch Point to Alden Point on Patos Island are closed June 1 through June 30.

(d) Areas 20A, 20B, 21A, 22A and 22B are closed to all trawl fishing in waters less than 30 feet deep.

(e) Areas 20A, 20B, 21A, 22A and 22B are closed in waters deeper than 40 fathoms from ((September)) July 1 through December 31.

(f) Areas 23C and 29 are closed to otter trawl fishing the entire year in waters shallower than 50 fathoms and are closed to beam trawl fishing in waters less than 60 feet deep.

(g) Areas 23C ((is)) and 29 are closed to otter trawl Wednesday, Saturday and Sunday, January 1 through August 31, and closed to all otter trawl September 1 through December 31.

(2) It is lawful to fish for and possess bottomfish taken with beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 25A and 25B the entire year with the following exceptions:

(a) All of Area 25A is closed February 1 through April 15 of each year.

(b) Those waters of Area 25A lying southerly and westerly of a line projected from Kiapot Point to Gibson Spit (Sequim Bay) are closed the entire year.

(c) Areas 23A, 25A and 25B are closed to beam trawl fishing in waters less than 60 feet deep.

(3) It is unlawful to fish for or possess bottomfish taken with otter trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 25A and 25B the entire year.

(4) It is unlawful to take, fish for or possess bottomfish taken with bottom trawl or beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 21B, 23D, 24A, 24B, 24C, 24D, 25C, 25D, 25E, 26A, 26B, 26C, 26D, 27A, 27B, 27C, 28A, 28B, 28C, and 28D the entire year.

(5) It is unlawful to take more than 500 pounds of rockfish with beam trawl and bottom trawl gear during any vessel trip in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.

[Statutory Authority: RCW 75.08.080. 97-07-053 (Order 97-52), 220-48-015, filed 3/17/97, effective 4/17/97; 94-19-001 (Order 94-96), 220-48-015, filed 9/7/94, effective 10/8/94; 94-12-009 (Order 94-23), 220-48-015,4; 91-13-051 (Order 91-39), 220-48-015, filed 6/14/91, effective 7/15/91; 89-14-010 (Order 89-48), 220-48-015, filed 6/22/89; 87-04-003 (Order 87-03), 220-48-015, filed 1/22/87; 85-08-023 (Order 85-24), 220-48-015, filed 4/1/85; 84-08-014 (Order 84-24), 220-48-015, filed 3/27/84; 83-24-024 (Order 83-200), 220-48-015, filed 11/30/83, effective 1/1/84; 83-04-025 (Order 83-04), 220-48-015, filed 1/27/83; 82-24-080 (Order 82-215), 220-48-015, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), 220-48-015, filed 7/1/82.]

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

WAC 220-48-019 Roller trawl--Seasons. (1) It is lawful to use roller trawls in Puget Sound Marine Fish-Shellfish Management and Catch Reporting Area 29 the entire year.

(2) It is unlawful to take more than 500 pounds of rockfish with roller trawl gear during any vessel trip in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-48-019, filed 5/19/94, effective 6/19/94; 82-14-056 (Order 82-72), 220-48-019, filed 7/1/82.]

AMENDATORY SECTION (Amending Order 87-03, filed 1/22/87)

WAC 220-48-032 Set line--Seasons. It is lawful to take, fish for, and possess dogfish and other bottomfish with set lines in all Marine Fish-Shellfish Management and Catch Reporting Areas the entire year except as follows:

(1) That portion of Area 26C north of a line projected due east from Point Bolin to Bainbridge Island is closed all year.

(2) That portion of Area 26D south of lines projected due west of Point Dalco on Vashon Island, and from Dash Point to Point Piner on Maury Island, is closed all year.

(3) That portion of Area 28A east of a line projected due north from the northwest tip of Fox Island, and north of a line projected due east from Fox Point on Fox Island is closed all year.

(4) Those waters provided for in WAC 220-20-010(6) and 220-20-020(4).

(5) The cumulative weight of rockfish and lingcod shall not exceed 30 pounds for any vessel trip in all open Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.

[Statutory Authority: RCW 75.08.080. 87-04-003 (Order 87-03), 220-48-032, filed 1/22/87; 82-24-080 (Order 82-215), 220-48-032, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), 220-48-032, filed 7/1/82.]

AMENDATORY SECTION (Amending Order 92-28, filed 5/12/92, effective 6/12/92)

WAC 220-48-042 Commercial jig--Seasons. It shall be unlawful to fish for or possess bottomfish taken for commercial purposes with commercial jig gear in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas ((except: Area 29 - Open all year)).

[Statutory Authority: RCW 75.08.080. 92-11-011 (Order 92-28), 220-48-042, filed 5/12/92, effective 6/12/92; 83-24-024 (Order 83-200), 220-48-042, filed 11/30/83, effective 1/1/84; 82-24-080 (Order 82-215), 220-48-042, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), 220-48-042, filed 7/1/82.]

AMENDATORY SECTION (Amending Order 92-28, filed 5/12/92, effective 6/12/92)

WAC 220-48-052 Bottomfish troll--Seasons. (1) It is unlawful to fish for or possess bottomfish taken for commercial purposes with bottomfish troll gear in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas ((except: Area 29 - Open all year)).

(2) It is unlawful to fish for or possess salmon while fishing for bottomfish with troll line gear under authority of a bottomfish troll license.

(3) In any waters of Puget Sound it is lawful to retain for commercial purposes bottomfish taken with commercial salmon gear incidental to a lawful salmon fishery, except lingcod during closures provided in WAC 220-48-005.

[Statutory Authority: RCW 75.08.080. 92-11-011 (Order 92-28), 220-48-052, filed 5/12/92, effective 6/12/92; 83-24-024 (Order 83-200), 220-48-052, filed 11/30/83, effective 1/1/84; 82-24-080 (Order 82-215), 220-48-052, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), 220-48-052, filed 7/1/82.]

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

WAC 220-48-071 Bottomfish pots--Gear and seasons. (1) It shall be unlawful to take, fish for, and possess bottomfish for commercial purposes with bottomfish pot gear as described in WAC 220-16-145, except in the following Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas during the seasons designated below:

(a) Areas 20A, 21A, 21B, 23A, and 23B - Open April 15 through November 30.

(b) Areas 23C and 23D - Open December 1 through April 14.

(c) ((Area 29 - Open all year.

(d))) All other areas are closed the entire year, except by permit from the director.

(2) Licensing: A bottomfish pot fishery license is the license required to operate the gear provided for in this section.