WSR 07-08-012

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 23, 2007, 1:14 p.m. ]

Title of Rule and Other Identifying Information: WAC 220-56-235 Possession limits -- Bottomfish, the Pacific Fisheries Management Council has changed the size limit for lingcod in Management and Catch Reporting Areas 1 through 3. The proposed action will be complementary to federal rules and will provide for coordinated enforcement in these areas. The council process has provided extensive public input to these actions.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Lori Preuss, Rules Coordinator, Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091 , AND RECEIVED BY June 4, 2007.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The council's rebuilding program for lingcod has been achieved, and the council is liberalizing sport fishing rules that were imposed when the rebuilding process was begun.

Reasons Supporting Proposal: The council, working with the National Marine Fisheries Service and the western coastal states, has determined that lingcod are no longer in need of special management consideration because the stock has achieved its rebuilding objective.

Statutory Authority for Adoption: RCW 77.04.020 and 77.12.047.

Statute Being Implemented: RCW 77.04.020 and 77.12.047.

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

Name of Proponent: Washington department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Morris Barker, PhD, 1111 Washington Street S.E., Olympia, WA, (360) 902-2826; Implementation: Phil Anderson, 1111 Washington Street S.E., Olympia, WA, (360) 902-2720; and Enforcement: Bruce Bjork, 1111 Washington Street S.E., Olympia, WA, (360) 902-2929.

March 23, 2007

Lori Preuss

Rules Coordinator

OTS-9646.1


AMENDATORY SECTION(Amending Order 04-218, filed 8/17/04, effective 9/17/04)

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)):

(i) Minimum length 22 inches in Catch Record Card Areas 1 through 3.

(ii) Minimum length 24 inches in Catch Record Card Area 4.

(b) Rockfish - 10 fish. Release all canary and 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 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
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 1 fish May 1 through September 30
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 11 and 13 - 15 fish in the aggregate of all species and species groups of bottomfish, which may include no more than:

Rockfish in Area 9 May 1 through September 30 and in Areas 8-1, 8-2, 10, 11 and 13 when lingcod or salmon seasons are open. Rockfish closed in Area 12 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) Catch Area 12: Closed.

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

(f) 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.

(g) It is unlawful to retain cabezon taken from Catch Record Card Areas 5 through 11 and 13 from December 1 through April 30.

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

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

(j) It is unlawful to take rockfish by spear fishing in Catch Record Card Areas 5 through 13.

(k) In Catch Record Areas 5 through 11 and 13, the daily limit for rockfish is the first legal rockfish caught, except in Area 5 west of Slip Point the daily limit for rockfish is the first three legal rockfish caught, provided that no more than one of the three may be other than black rockfish. After the daily limit of rockfish is caught, all subsequent rockfish must be released.

[Statutory Authority: RCW 77.12.047. 04-17-098 (Order 04-218), 220-56-235, filed 8/17/04, effective 9/17/04; 04-07-009 (Order 04-39), 220-56-235, filed 3/4/04, effective 5/1/04; 03-16-100 (Order 03-178), 220-56-235, filed 8/6/03, effective 9/6/03; 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.]

Washington State Code Reviser's Office