WSR 06-16-017A

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed July 24, 2006, 8:21 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-08-050.

Title of Rule and Other Identifying Information: WAC 220-56-175 Catch record cards and 220-69-236 Description of catch record cards and required information.

Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA, on October 6-7, 2006, begins 8:00 a.m. on October 6, 2006.

Date of Intended Adoption: October 6, 2006.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way, Olympia, WA 98501-1091, e-mail barkemwb@dfw.wa.gov, fax (360) 902-2944, by October 4, 2006.

Assistance for Persons with Disabilities: Contact Nancy Burkhart by September 22, 2006, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Eliminates catch record card requirements for recreational Dungeness crab outside of Puget Sound.

Reasons Supporting Proposal: Provides increased capability to provide reliable Puget Sound catch statistics and eliminates unnecessary requirements for coastal recreational crab fisheries.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Morris W. Barker, 1111 Washington Street, Olympia, (360) 902-2826; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not directly regulate small businesses. These regulations only affect recreational crab fishers.

A cost-benefit analysis is not required under RCW 34.05.328. These proposals do not affect hydraulics.

July 24, 2006

Morris W. Barker

Rules Coordinator

OTS-9008.1


AMENDATORY SECTION(Amending Order 06-135, filed 6/13/06, effective 7/14/06)

WAC 220-56-175   Catch record cards.   It is unlawful for any person to fail to comply with the catch record requirements as provided for in this section:

(1) In order to fish for or possess for personal use any crab in Catch Record Card Area 4 east of the Bonilla-Tatoosh Line and in Catch Record Card Areas 5-13, anadromous salmon, sturgeon, halibut, or steelhead, an angler must obtain and have in personal possession a valid appropriate catch record card as described in WAC 220-69-236 except for commercially caught salmon retained for personal use as provided for in WAC 220-20-016 and commercially caught sturgeon retained for personal use as provided for in WAC 220-20-021. Notwithstanding the provisions of this subsection, a catch record card is not required for landlocked steelhead or for salmon in waters designated as "landlocked salmon rules apply" in WAC 232-28-619.

(2) Any angler, after obtaining a catch record card shall validate the catch record card by completely, accurately, and legibly completing all personal identification information in ink on the catch record card prior to detaching the catch record card from the underlying copy of the catch record card or, for automated licenses, affixing the appropriate validation sticker to the catch record card. A catch record card remains valid so long as there are one or more unfilled spaces available for the species being fished for, except:

(a) In the mainstem Columbia River downstream from where the river forms the common boundary between Oregon and Washington for sturgeon a catch record card remains valid when the sturgeon portion of the catch record card is filled. A person may not retain sturgeon after the sturgeon portion of the catch record card is filled.

(b) A second or subsequent catch record card is invalid for retention of sturgeon.

(3) Immediately upon catching and possessing a salmon, steelhead, sturgeon or halibut, the angler shall enter in ink in the appropriate space the place, date of catch, species (catch type), for sturgeon, length, for halibut, vessel type and for salmon, whether or not the fish was marked.

(4) Immediately upon retaining a Dungeness crab aboard a vessel or on the shore, the fisher must enter in ink in the appropriate space the place and date of catch, fishery type and enter a tally mark for each Dungeness crab retained from each catch record card area fished. At the end of the fishing day, the fisher shall enter the total number of crab tally marks for each fishery type.

(5) Every person possessing a catch record card shall by April 30 of the year following the year printed on the card return such card to the department of fish and wildlife.

(6) Any person possessing a catch record card shall, upon demand of any law enforcement officer or authorized department employee, exhibit said card to such officer or employee for inspection.

(7) A catch record card shall not be transferred, borrowed, altered, or loaned to another person.

[Statutory Authority: RCW 77.12.047. 06-13-023 (Order 06-135), 220-56-175, filed 6/13/06, effective 7/14/06; 06-05-085 (Order 06-23), 220-56-175, filed 2/14/06, effective 5/1/06; 04-10-033 (Order 04-91), 220-56-175, filed 4/29/04, effective 5/30/04; 03-05-057 (Order 03-24), 220-56-175, filed 2/14/03, effective 5/1/03; 01-06-036 (Order 01-24), 220-56-175, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 77.32.050. 00-11-178 (Order 00-80), 220-56-175, filed 5/24/00, effective 6/24/00. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), 220-56-175, filed 3/29/00, effective 5/1/00; 99-17-066 (Order 99-125), 220-56-175, filed 8/13/99, effective 4/1/00. Statutory Authority: RCW 75.08.080. 91-08-054 (Order 91-13), 220-56-175, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-175, filed 2/28/90, effective 3/31/90; 89-07-071 (Order 89-05), 220-56-175, filed 3/20/89; 88-05-002 (Order 88-03), 220-56-175, filed 2/4/88; 85-11-020 (Order 85-43), 220-56-175, filed 5/10/85; 80-03-064 (Order 80-12), 220-56-175, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-023.]

OTS-9006.1


AMENDATORY SECTION(Amending Order 05-15, filed 2/10/05, effective 5/1/05)

WAC 220-69-236   Description of catch record cards and required information.   (1) The department shall prepare and distribute a catch record card for the following:

(a) Anadromous salmon (salmon);

(b) Dungeness crab taken from Catch Record Card Area 4 east of the Bonilla-Tatoosh line and Catch Record Card Areas 5-13;

(c) Halibut taken from Catch Record Card Areas 5 through 13;

(d) Steelhead; and

(e) Sturgeon.

(2) Each catch record card shall contain space for the following information, which must be recorded prior to the catch record card being separated from the underlying copy of the catch record card:

(a) Name of fisher;

(b) Home address;

(c) City, state, and zip code;

(d) Date of issuance;

(e) Or, for automated licenses, the catch record card shall contain space for the appropriate validation sticker.

(3) Each catch record card shall contain space for the following information:

(a) Month of catch;

(b) Day of catch;

(c) Catch record card area, river code, or stream: Location of catch;

(d) A species code for salmon and sturgeon and a marked or unmarked space for salmon;

(e) A space for designating the type of vessel from which halibut was taken, either charter (c) or personal/kicker (k) boat;

(f) A space for the length of sturgeon;

(g) For Dungeness crab:

(i) The type of crab fishery as described on the Dungeness crab catch record card;

(ii) The total crab retained by fishery type;

(iii) A tally mark for each crab retained.

[Statutory Authority: RCW 77.12.047. 05-05-035 (Order 05-15), 220-69-236, filed 2/10/05, effective 5/1/05; 04-17-096 (Order 04-210), 220-69-236, filed 8/17/04, effective 9/17/04. Statutory Authority: RCW 77.32.050. 00-11-178 (Order 00-80), 220-69-236, filed 5/24/00, effective 6/24/00. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-17-066 (Order 99-125), 220-69-236, filed 8/13/99, effective 4/1/00.]

Washington State Code Reviser's Office