WSR 08-14-146

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed July 1, 2008, 2:19 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-08-053.

Title of Rule and Other Identifying Information: WAC 220-56-175 Catch record cards.

Hearing Location(s): Embassy Suites, 20610 44th Avenue West, Lynnwood, WA, on August 8-9, 2008, at 8:30 a.m.

Date of Intended Adoption: September 5, 2008.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail preuslmp@dfw.wa.gov, fax (360) 902-2155, by August 6, 2008.

Assistance for Persons with Disabilities: Contact Susan Yeager by August 1, 2008, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Purpose of proposal is to create, by commission rule, an administrative penalty for individuals not reporting their Puget Sound recreational Dungeness crab catch as required by rule. The anticipated effect is to increase the rate of recreational crab catch reporting, thereby increasing the validity of the recreational crab catch statistics and the department's credibility in its recreational crab management methods.

Reasons Supporting Proposal: The department's credibility regarding its Puget Sound Dungeness crab management efforts, statistics, and harvest estimates has suffered from a lack of public confidence. Ironically, the department's efforts have been hampered to a large degree by the public's failure to return Dungeness crab catch record cards. When these cards are not returned, the department must depend on the small sample of harvest information it gets from the few people who do return their cards. This rule seeks to foster improved catch record card return/reporting rates. Improved rates will allow the department's harvest estimates to improve and the public's confidence to increase.

Statutory Authority for Adoption: RCW 77.12.047 and 77.32.070.

Statute Being Implemented: RCW 77.12.047 and 77.32.070.

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, 1111 Washington Street S.E., Olympia, (360) 902-2826; Implementation: Lew Atkins, 1111 Washington Street S.E., Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street S.E., Olympia, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a recreational fishing rule.

A cost-benefit analysis is not required under RCW 34.05.328. This is not a hydraulic rule.

July 1, 2008

Loreva M. Preuss

Rules Coordinator

OTS-1716.3


AMENDATORY SECTION(Amending WSR 08-07-003, filed 3/5/08, effective 4/5/08)

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 Dungeness 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)) an angler must obtain and have in his or her personal possession a valid and appropriate Puget Sound Dungeness crab catch record card as described in WAC 220-69-236.

(2) ((Any angler, after obtaining a catch record card shall)) In order to fish for or possess for personal use any anadromous salmon, sturgeon, halibut, or steelhead, an angler must obtain and have in his or her personal possession a valid and appropriate catch record card as described in WAC 220-69-236. The only exception is 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. Also, 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.

(3) To validate ((the)) their catch record cards ((by)), anglers must completely, accurately, and legibly ((completing)) complete all personal identification information in ink on the catch record card ((prior to)) before detaching the ((catch record)) card from ((the)) its 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)) as long as there ((are)) is 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)) for catch-and-release sturgeon fishing when the sturgeon portion of the ((catch record)) card is ((filled)) full. ((A person may not retain sturgeon after the sturgeon portion of the catch record card is filled.))

(b) A person may not use a second or subsequent catch record card ((is invalid for retention of)) to retain sturgeon and wild steelhead after the first card is full.

(((3))) (4) Immediately upon catching and possessing a salmon, steelhead, sturgeon or halibut, ((the)) anglers ((shall)) must enter, in ink, in the appropriate space on the card, the place, date of catch, and species (catch type)((,)). For sturgeon, anglers also must record the length((,)) of the fish; for halibut, anglers also must record the vessel type; and for salmon, anglers also must indicate whether or not the fish was marked.

(((4))) (5) Immediately upon retaining a Puget Sound Dungeness crab aboard a vessel or on the shore, ((the)) a fisher must enter, in ink, in the appropriate space on the Puget Sound Dungeness crab catch record card, the place and date of catch, the 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)) must enter the total number of crab tally marks for each fishery type.

(((5))) (6)(a) Every person issued a catch record card ((shall)) must, by April 30 of the year ((following the year printed on)) after they used the ((catch record)) card, return ((such)) the card to the department of fish and wildlife ((except as follows: Every person)). People issued a Puget Sound Dungeness crab catch record card ((shall)) must return ((such catch record)) the card to the Washington department of fish and wildlife ((no later than the required return date printed on the catch record card or report their catch record card information on the internet site designated on the catch record card by the same date)) or report the card information at the designated internet site by the dates indicated on the card.

(b) Effective December 1, 2009, and thereafter, failure to return a Dungeness crab catch record card or to report the Dungeness crab catch record card information at the designated internet site by the dates indicated on the card will result in a ten-dollar administrative fee. The administrative fee will be collected from anglers when they acquire a subsequent Puget Sound Dungeness crab endorsement.

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

(((7))) (8) A catch record card ((shall)) must not be transferred, borrowed, altered, or loaned to another person, unless pursuant to Substitute Senate Bill No. 6260, effective June 12, 2008.

[Statutory Authority: RCW 77.12.047. 08-07-003, 220-56-175, filed 3/5/08, effective 4/5/08; 07-09-042 (Order 07-59), 220-56-175, filed 4/11/07, effective 5/12/07; 06-21-031 (Order 06-262), 220-56-175, filed 10/9/06, effective 11/9/06; 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.]

Washington State Code Reviser's Office