WSR 03-13-083

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 16, 2003, 12:19 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-09-071.

Title of Rule: Possession rules for yelloweye rockfish.

Purpose: To amend rule to prohibit possession of yelloweye rockfish.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Current law prohibits landing of yelloweye rockfish in catch areas 1-4 which is inadequate for proper enforcement of the conservation needs. This amendment will prohibit possession as well in these same catch areas.

Reasons Supporting Proposal: The yelloweye rockfish is overfished and has been afforded special conservation protection rules in the extended economic zone (3-200 miles) by the federal government and in state inside waters by the Fish and Wildlife Commission. The effect of prohibiting landings in the coastal ports prevents the enforcement of the conservation intent while upon the ocean waters.

Name of Agency Personnel Responsible for Drafting: Morris Barker, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2826; Implementation: Lew Atkins, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2651; and Enforcement: Bruce Bjork, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2373.

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: Rule change would allow enforcement of yelloweye conservation intent while upon the waters, not depending upon finding fish aboard a vessel when landing at a Washington coastal port. The results will be to be more efficient at enforcing conservation needs while checking vessels at sea.

Proposal Changes the Following Existing Rules: Amends WAC 220-56-235 to prohibit the possession of yelloweye rockfish in Catch Record Card Areas 1 through 4.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Recreational rule, not a commercial business requirement.

RCW 34.05.328 does not apply to this rule adoption. Not hydraulic rules.

Hearing Location: Hampton Inn/Fox Hall, 3985 Bennett Drive, Bellingham, WA 98225, on August 1-2, 2003, at 8 a.m. on August 1, 2003.

Assistance for Persons with Disabilities: Contact Susan Yeager by July 21, 2003, TDD (360) 902-2207 or (360) 902-2226.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155 by July 30, 2003.

Date of Intended Adoption: August 1, 2003.

June 16, 2003

Evan Jacoby

Rules Coordinator

OTS-6415.1


AMENDATORY SECTION(Amending Order 03-24, filed 2/14/03, effective 5/1/03)

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) - 15 fish in the aggregate of all species and species groups of bottomfish, which may include no more than:

(a) Lingcod - 2 fish minimum length 24 inches.

(b) Rockfish - 10 fish of which no more than 1 may be a canary rockfish. Release all yelloweye rockfish.

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

(d) Wolfeel - 0 fish from Catch Record Card Area 4.

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

(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, except canary and yelloweye rockfish except 1 fish
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, and release canary and yelloweye rockfish
Surfperch 10 fish
Pacific cod 2 fish
Pollock 2 fish
Flatfish (except halibut) 15 fish
Lingcod 1 fish
Wolf-eel 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, except canary and yelloweye 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, except canary and yelloweye 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.

(h) It is unlawful to retain canary ((or yelloweye)) rockfish taken from Catch Record Card Areas 5 through 13.

(i) It is unlawful to ((land)) retain yelloweye rockfish taken ((for personal use into any port in)) from Catch Record Card Areas 1((-)) through 13. ((It is unlawful to land canary rockfish taken for personal use into any port in Catch Record Card Areas 1-13 unless the adjacent waters are open to retention of canary rockfish, and a landing may not exceed the allowable catch from the adjacent waters.))

[Statutory Authority: RCW 77.12.047. 03-05-057 (Order 03-24), 220-56-235, filed 2/14/03, effective 5/1/03; 02-09-001 (Order 02-53A), 220-56-235, filed 4/3/02, effective 5/4/02; 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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