WSR 98-09-086

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Filed April 21, 1998, 3:20 p.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-06-065.

Title of Rule: Possession limits--Bottomfish.

Purpose: To modify minimum size limit for lingcod from twenty-two inches to twenty-four inches in Catch Areas 1 through 4 and remove redundant language from rule text.

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: Increases minimum size of sport caught lingcod in Marine Catch Reporting Areas 1 through 4.

Reasons Supporting Proposal: This proposal compliments regulatory activity by the Pacific Fishery Management Council and has the intent of decreasing wastage and increasing stock health.

Name of Agency Personnel Responsible for Drafting: Morris Barker, 1111 Washington Street, Olympia, WA, (360) 902-2826; 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 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: This proposal (WAC 220-56-235) will increase the minimum size of sport caught lingcod from twenty-two inches to twenty-four inches. The purpose is to compliment the regulatory action taken by the Pacific Fishery Management Council within state waters. The anticipated effects will be to reduce wastage and increase the stock health by reducing fishing induced mortality. Also performs a housekeeping measure by removing redundant text.

Proposal Changes the Following Existing Rules: Changes minimum size of sport caught lingcod from twenty-two inches to twenty-four inches.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal does not affect any commercial fishery or supporting business.

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

Hearing Location: Doubletree Hotel, Port Angeles, Washington, on June 13, 1998, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Robin Ayres by May 26, 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 June 11, 1998.

Date of Intended Adoption: June 13, 1998.

April 21, 1998

Evan Jacoby

Rules Coordinator

OTS-2116.1

AMENDATORY SECTION (Amending Order 97-53, filed 3/19/97, effective 5/1/97)



WAC 220-56-235  Possession limits--Bottomfish. It is unlawful for any person to take in any day more than the following quantities of bottomfish for personal use. The possession limit at any time shall not exceed the equivalent of two daily limits in fresh, frozen or processed form. Unless otherwise provided bottomfish fishing is open the entire year.

(1) Coastal (Catch Record Card Areas 1 through 4):

(a) Lingcod:

(i) 3 fish minimum length ((22)) 24 inches in Catch Record Card Areas 1 through 3 and Area 4 west of the Bonilla-Tatoosh line;

(ii) 2 fish minimum length ((22)) 24 inches in Catch Record Card Area 4 east of the Bonilla-Tatoosh line.

(b) Rockfish - 10 fish.

(c) Surfperch (excluding shiner perch) - 15 fish.

(d) Wolfeel - 2 fish east of the Bonilla-Tatoosh line.

(e) Cabezon - 2 fish east of the Bonilla-Tatoosh line.

(f) All other species - no limit.

(2) Inner Puget Sound (Catch Record Card Areas 5 through 13):

(a) Catch Record Card Areas 5 and 6 - 15 fish in the aggregate of all species and species groups of bottomfish, which may include no more than:

Rockfish 5 fish
Surfperch 10 fish
Pacific cod 2 fish
Pollock 2 fish
Flatfish (except halibut) 15 fish
Lingcod 1 fish
Wolf-eel 2 fish
Cabezon 2 fish

(b) Catch Record Card Area 7 - 15 fish in the aggregate of all species of bottomfish, which may include no more than:

Rockfish 5 fish
Surfperch 10 fish
Pacific cod 2 fish
Flatfish (except halibut) 15 fish
Lingcod 1 fish
Wolf-eel 0 fish
Cabezon 2 fish
Pollock 2 fish

(c) Catch Record Card Areas 8-1 through 13 - 15 fish in the aggregate of all species and species groups of bottomfish, which may include no more than:

Rockfish 3 fish
Surfperch 10 fish
Pacific cod 0 fish
Pollock 0 fish
Flatfish (except halibut) 15 fish
Lingcod 1 fish
Wolf-eel 0 fish
Cabezon 2 fish

(d) It is unlawful to possess lingcod taken by angling less than 26 inches in length or greater than 40 inches in length.

(e) The daily limit taken by spear fishing may include no more than one lingcod. There is no size restriction on the one lingcod allowed in the daily limit if taken by spear fishing.

(f) ((It is unlawful to use a gaff to land lingcod taken in Catch Record Card Areas 5 through 13.

(g))) It is unlawful to retain cabezon taken from Catch Record Card Areas 5 through 13 from December 1 through April 30.



[Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), 220-56-235, filed 3/19/97, effective 5/1/97; 96-05-004 (Order 96-13), 220-56-235, filed 2/9/96, effective 5/1/96; 95-04-066 (Order 95-10), 220-56-235, filed 1/30/95, effective 5/1/95; 94-14-069, 220-56-235, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-235, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-235, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), 220-56-235, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-235, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-235, filed 3/16/89; 88-10-013 (Order 88-15), 220-56-235, filed 4/26/88; 85-09-017 (Order 85-20), 220-56-235, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-235, filed 4/11/84; 83-07-043 (Order 83-16), 220-56-235, filed 3/17/83; 80-07-017 (Order 80-45), 220-56-235, filed 6/11/80; 80-03-064 (Order 80-12), 220-56-235, filed 2/27/80, effective 4/1/80.]

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