WSR 02-09-001

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-53A -- Filed April 3, 2002, 12:06 p.m. ]

Date of Adoption: February 9, 2002.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-115 and 220-56-235.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 01-21-126 on October 24, 2001.

Changes Other than Editing from Proposed to Adopted Version: WAC 220-56-115, change two barbless hooks in marine waters to no more than two hooks in Marine Areas 1-4 and two barbless hooks in Marine Areas 5-13, except for forage fish jigger gear.

WAC 220-56-235, require release of all yelloweye rockfish in Catch Record Card Areas 1-4.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Thirty-one days after filing.

April 3, 2002

Debbie Nelson

for Russ Cahill, Chair

Fish and Wildlife Commission

OTS-5594.1


AMENDATORY SECTION(Amending Order 01-24, filed 3/5/01, effective 5/1/01)

WAC 220-56-115   Angling -- Lawful and unlawful acts.   (1) It is unlawful for any person to use more than one line with three hooks while angling ((for food fish)) for personal use except:

(a) It is unlawful to use more than 2 hooks while fishing in Marine Areas 1-4, except for forage fish jigger gear.

(b) It is unlawful to use more than two barbless hooks while fishing ((for bottomfish or halibut)) in Marine Areas 5-13, except for forage fish jigger gear.

(((b))) (c) It is lawful to use forage fish jigger gear as provided for in WAC 220-56-265 and squid jig gear as provided for in WAC 220-56-390.

(((c))) (d) A second line using forage fish jigger gear is lawful while fishing in Catch Record Card Areas 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12, and 13.

(2) It shall be unlawful for any person to take, fish for or possess ((food)) fish taken for personal use by any means other than angling with a line attached to a pole held in hand while landing the fish or with a hand-operated line without rod or reel except as follows:

(a) It is lawful to leave the pole in a pole holder while playing or landing the fish if the pole is capable of being readily removed from the pole holder.

(b) It is lawful to use an electric power-operated reel designed for sport fishing attached to a pole.

(c) It is lawful to fish for or possess salmon taken for personal use with hand lines (lines not attached to a handheld pole) except use of hand lines is unlawful in those waters west of the mouth of the Sekiu River, the Pacific Ocean, Washington waters at the mouth of the Columbia River west of a line projected true north and south through Buoy 10, Grays Harbor, and Willapa Bay.

(3) It shall be unlawful for any person while angling ((for food fish)) to fail to keep his angling gear under his direct and immediate physical control.

(4) In areas where a saltwater license is valid, each fisher aboard a vessel may continue to deploy angling gear or shellfish gear until the daily limit of food fish or shellfish for all licensed and juvenile anglers aboard has been retained.

[Statutory Authority: RCW 77.12.047. 01-06-036 (Order 01-24), 220-56-115, filed 3/5/01, effective 5/1/01. Statutory Authority: 2000 c 107 7. 00-16-091 (Order 00-134), 220-56-115, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-15-081 (Order 99-102), 220-56-115, filed 7/20/99, effective 8/20/99; 98-06-031, 220-56-115, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), 220-56-115, filed 1/30/95, effective 5/1/95; 91-08-054 (Order 91-13), 220-56-115, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-115, filed 2/28/90, effective 3/31/90; 88-10-013 (Order 88-15), 220-56-115, filed 4/26/88; 87-09-066 (Order 87-16), 220-56-115, filed 4/21/87; 85-09-017 (Order 85-20), 220-56-115, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-115, filed 4/11/84; 82-13-040 (Order 82-61), 220-56-115, filed 6/9/82; 82-07-047 (Order 82-19), 220-56-115, filed 3/18/82; 80-12-040 (Order 80-107), 220-56-115, filed 8/29/80; 80-03-064 (Order 80-12), 220-56-115, filed 2/27/80, effective 4/1/80.]


AMENDATORY SECTION(Amending Order 01-24, filed 3/5/01, effective 5/1/01)

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 - 2 fish minimum length 24 inches.

(b) Rockfish - 10 fish of which no more than 2 may be ((an aggregate of)) canary rockfish ((and)). Release all yelloweye rockfish.

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

(d) Wolfeel - ((2)) 0 fish ((east of the Bonilla-Tatoosh line)) from Catch Record Card Area 4.

(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 1 fish
Rockfish May 1 through September 30 in Marine Area 5 west of Slip Point 3 fish of which no more than 1 may be other than black rockfish
Surfperch 10 fish
Pacific cod 2 fish
Pollock 2 fish
Flatfish (except halibut) 15 fish
Lingcod 1 fish
Wolf-eel ((2)) 0 fish
Cabezon 2 fish
Pacific hake 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 1 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
Pacific hake 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 1 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
Pacific hake 0 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 retain cabezon taken from Catch Record Card Areas 5 through 13 from December 1 through April 30.

(g) It is unlawful to retain six-gill shark taken from Catch Record Card Areas 5 through 13.

[Statutory Authority: RCW 77.12.047. 01-06-036 (Order 01-24), 220-56-235, filed 3/5/01, effective 5/1/01. Statutory Authority: 2000 c 107 7. 00-17-016 (Order 00-139), 220-56-235, filed 8/3/00, effective 9/3/00. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), 220-56-235, filed 3/29/00, effective 5/1/00; 99-15-081 (Order 99-102), 220-56-235, filed 7/20/99, effective 8/20/99. Statutory Authority: RCW 75.08.080. 98-15-032 (Order 98-119), 220-56-235, filed 7/7/98, effective 8/7/98; 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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