WSR 97-18-005

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-173--Filed August 21, 1997, 4:46 p.m., effective August 22, 1997, noon]

Date of Adoption: August 21, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-44-05000G; and amending WAC 220-44-050.

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: This regulation is necessary to achieve conservation goals and to maintain consistency between state and federal regulations. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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 22, 1997, noon.

August 22 [21], 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-44-05000H Coastal bottomfish catch limits. Notwithstanding the provisions of WAC 220-44-050, effective noon, 12:00 noon August 22, 1997 until further notice 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 following species:

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 months, without a limit on the number of landings or trips. The fixed two-two month periods are January-February, March-April, May-June, July-August, September-October and November-December, except for vessels that have elected to be endorsed in the "B-platoon" on their trawl federal limited entry permit. Two-month cumulative limits for B-platoon vessels begin on the 16th of the calendar month. These periods are: July 16-September 15, September 16-November 15, November 16-December 31. It is unlawful for vessels in the B-platoon to land groundfish during 1997 prior to January 16, 1997. 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, except for vessels in the B-platoon during the final period of the calendar year. The cumulative 2-month limit for this shortened period (November 16-December 31) may be taken in any number of trips during the period with no sixty percent per month restriction. The first calendar month for purposes of the 60 percent restriction for B-platoon vessels in other periods shall be defined as the period beginning on the 16th of the month in which the trip limit begins through the 15th of the following month. The second calendar month period shall be defined as beginning on the 16th of the second month in the period through the end of the cumulative 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. 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.

d. 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.

e. 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.

f. Vessel trip - A vessel trip is defined as having occurred upon the initiation of transfer of catch from a fishing vessel.

g. 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.

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 (notwithstanding the provisions of WAC 220-44-030):

a. Pacific ocean perch - Two-month cumulative limit of 8,000 pounds. No minimum size.

b. Widow rockfish - Two-month cumulative limit of 60,000 pounds.

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

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), 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.) Two-month cumulative limit of 30,000 pounds, of which no more than 6,000 pounds may be yellowtail rockfish and no more than 14,000 pounds may be canary rockfish.

f. DTS Complex - (Sablefish, Dover sole and thornyhead rockfish) - Two-month cumulative limit of 57,000 pounds, of which not more than 30,000 pounds may be Dover sole; not more than 12,000 pounds may be sablefish and not more than 15,000 pounds may be thornyhead rockfish. Of the thornyhead rockfish, not more than 3,000 pounds may be shortspine thornyhead.

g. Sablefish -

(1) Trawl vessels - Not more than 500 pounds (round weight) of sablefish per trip may be smaller than 22 inches. 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.

(2) Non-trawl vessels - Daily trip limit of 300 pounds (round weight) not to exceed 600 pounds in any calendar month. No minimum size. All Sablefish taken prior to 12:00 noon August 23 must be landed prior to 12:00 noon August 23. Effective 12:00 noon, August 23 through 12:00 noon, August 25, illegal to take, possess, transport or land sablefish taken with non-trawl gear. During this period, all non-trawl groundfish fixed gear must be out of the water. Effective 12:00 noon, August 25, through noon, September 3, cumulative limit of 34,000 pounds (round weight) may be landed by fishers possessing a federal groundfish limited entry permit with a sablefish endorsement. Not more than 1,500 pounds (round weight) or 3% of sablefish greater than 22 inches (total length) may be sablefish less than 22 inches (15.5 inches dressed, head off). During this period, the non-trawl sablefish fishery remains closed for limited entry fishers with no sablefish endorsement. It is unlawful to land more than 300 pounds of Sablefish after 12:00 noon September 3. Effective 12:00 noon, September 3, through 12:00 noon, September 5, illegal to take sablefish with non-trawl gear. During this period, all non-trawl groundfish fixed gear must be out of the water. During this 48-hour closure, fishers may land fish taken during the limited entry cumulative limit fishery. Effective 12:00 noon, September 5, daily trip limit of 300 pounds (round weight) not to exceed 600 pounds in any calendar month.

h. Pacific Whiting - 10,000 pound vessel trip limit. No minimum size.

i. Lingcod - Two-month cumulative limit of 30,000 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.

(1) It shall be lawful to land up to 100 pounds of lingcod under 22 inches taken in the trawl fishery only.

3. Groundfish open access fishery limits. The following limits apply to the groundfish open access fishery in Coastal Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A, 59B, 60A, 61, 62, and 63, and 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 WAC 220-44-030). Notwithstanding the provisions of this subsection, no groundfish open access fishery limit may exceed a groundfish limited entry fishery daily, vessel or cumulative limit:

(a) Sablefish - Daily trip limit of 300 pounds (round weight) not to exceed 600 pounds in any calendar month. No minimum size. All Sable fish taken prior to 12:00 noon August 23 must be landed prior to 12:00 noon August 23. Effective 12:00 noon, August 23 through 12:00 noon, August 25, illegal to take, possess, transport or land sablefish taken with non-trawl gear. During this period, all non-trawl groundfish fixed gear must be out of the water. Effective 12:00 noon, August 25, Daily trip limit of 300 pounds (round weight) not to exceed 600 pounds in any calendar month. It is unlawful to land more than 300 pounds of Sablefish after 12:00 noon September 3. Effective 12:00 noon, September 3, through 12:00 noon, September 5, illegal to take, possess, transport or land sablefish taken with non-trawl gear. During this period, all non-trawl groundfish fixed gear must be out of the water. Effective noon, September 5, Daily trip limit of 300 pounds (round weight) not to exceed 600 pounds in any calendar month. No minimum size.

(b) Rockfish - Vessel trip limit of 10,000 pounds. Cumulative limit of 40,000 pounds.

(c) 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, is 100 pounds (round weight) or 30 percent by weight of al fish on board including salmon, whichever is greater, per vessel trip.

(d) Lingcod - cumulative limit of 15,000 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.

(e) Thornyhead rockfish - Illegal to take, possess, transport or land thornyhead rockfish.

(f) 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 all fish a board not to exceed 100 pounds. Maximum one vessel trip per day.

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

5. The fisher's copy of all fish receiving tickets showing landings of species provided for in this section shall be retained aboard the landing vessel for 90 days after landing.

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Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

REPEALER

The following section of the Washington Administrative Code is repealed effective 12:00 p.m. August 22, 1997: