WSR 09-12-023

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed May 22, 2009, 3:29 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-06-077.

Title of Rule and Other Identifying Information: WAC 220-32-057 Seasons -- Sturgeon and 220-20-020 General provisions -- Lawful and unlawful acts -- Food fish other than salmon.

Hearing Location(s): Natural Resources Building, First Floor, Room 172, 1111 Washington Street S.E., Olympia, WA 98504, on July 10-11, 2009, at 8:45 a.m.

Date of Intended Adoption: August 7-8, 2009.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Lori.Preuss@dfw.wa.gov, fax (360) 902-2155, by June 29, 2009.

Assistance for Persons with Disabilities: Contact Susan Yeager by June 29, 2009, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Columbia River compact adopted new measurement criteria for white sturgeon, based on fork length versus total length. The size limits in the WAC will reflect the new criteria.

Reasons Supporting Proposal: As a member of the Columbia River compact, the agency should change its rules to reflect those of other compact members, for consistency and ease of enforceability, if the rule change makes sense. This one does because it mirrors a change in the industry standard for measuring sturgeon.

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: The Washington department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Cindy LeFleur, 1111 Washington Street S.E., Olympia, WA 98504, (360) 753-2600; Implementation: Jim Scott, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2651; and Enforcement: Chief Bruce Bjork, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The new method of measuring sturgeon does not change the size of sturgeon that are legal to possess. Therefore, the rule change will not impact small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not involve hydraulics.

May 22, 2009

Lori Preuss

Rules Coordinator

OTS-2238.2


AMENDATORY SECTION(Amending Order 06-301, filed 12/27/06, effective 1/27/07)

WAC 220-20-020   General provisions -- Lawful and unlawful acts -- Food fish other than salmon.   (1) It is unlawful to fish for or possess for commercial purposes any round, undressed sturgeon less than ((48)) 43 inches in fork length or greater than ((60)) 54 inches in fork length.

(2) It is unlawful to fish for, possess, or retain green sturgeon taken with commercial gear. Any green sturgeon taken with any type of commercial gear incidental to a lawful fishery shall immediately be returned to the water unharmed.

(3) It is unlawful to fish for or possess for commercial purposes or possess aboard a commercial fishing vessel for any purpose any species of halibut (Hippoglossus) unless permitted by the current regulations of the International Pacific Halibut Commission.

(4) It is unlawful to fish for or possess for commercial purposes sturgeon taken from any of the waters of Puget Sound or tributaries((, and)). Any sturgeon taken with any type of commercial gear incidental to a lawful fishery shall immediately be returned to the water unharmed.

(5) It is unlawful to fish for food fish for commercial purposes in the waters of Shilshole Bay, inland and inside a line projected in a southwesterly direction from Meadow Point to West Point.

(6) It is unlawful to fish for or possess for commercial purposes any starry flounder less than 14 inches in length taken by any commercial gear, in all Puget Sound Marine Fish-Shellfish Areas.

(7) It ((shall be)) is unlawful to harvest herring eggs naturally deposited on marine vegetation or other substrate((,)) unless a person has a permit issued by the director.

(8) It is unlawful to fish for or possess carp taken for commercial purposes except as authorized by written permit from the director. However, ((except that)) carp taken incidental to a commercial fishery for other species may be retained for commercial purposes. Failure to comply with the provisions of the carp permit constitutes unlawful use of the carp commercial fishery license and may result in revocation of the carp permit.

(9) It is unlawful to fin sharks in Washington state waters, and it is unlawful to possess shark fins in the field unless the carcass of the shark is retained((, except that)). However, once a commercially taken shark carcass has been delivered to a licensed wholesale dealer or a person acting in that capacity, and the sale of the shark has been recorded on a fish receiving ticket, the shark fins need not be retained with the shark carcass.

[Statutory Authority: RCW 77.12.047. 07-02-050 (Order 06-301), 220-20-020, filed 12/27/06, effective 1/27/07; 06-13-024 (Order 06-134), 220-20-020, filed 6/13/06, effective 7/14/06; 06-07-045 (Order 06-39), 220-20-020, filed 3/9/06, effective 4/9/06; 02-23-002 (Order 02-278), 220-20-020, filed 11/6/02, effective 12/7/02; 02-02-049 (Order 01-286), 220-20-020, filed 12/27/01, effective 1/27/02; 00-17-106 (Order 00-149), 220-20-020, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 75.08.080. 00-01-103 (Order 99-215), 220-20-020, filed 12/16/99, effective 1/16/00; 98-15-031 (Order 98-120), 220-20-020, filed 7/7/98, effective 8/7/98; 97-07-043 (Order 97-51), 220-20-020, filed 3/14/97, effective 4/14/97; 95-23-020 (Order 95-166), 220-20-020, filed 11/8/95, effective 12/9/95; 93-14-042 (Order 93-54), 220-20-020, filed 6/29/93, effective 7/30/93. Statutory Authority: RCW 75.08.080 and 75.28.245. 90-07-003 (Order 90-17), 220-20-020, filed 3/8/90, effective 4/8/90. Statutory Authority: RCW 75.08.080. 90-06-045 (Order 90-15), 220-20-020, filed 3/1/90, effective 4/1/90; 80-09-072 (Order 80-69), 220-20-020, filed 7/18/80; 79-03-014 (Order 79-11), 220-20-020, filed 2/15/79; Order 77-147, 220-20-020, filed 12/16/77; Order 77-14, 220-20-020, filed 4/15/77; Order 76-148, 220-20-020, filed 12/2/76; Order 76-26, 220-20-020, filed 4/20/76; Order 1193-A, 220-20-020, filed 3/5/75; Order 1193, 220-20-020, filed 3/4/75; Order 1143, 220-20-020, filed 8/8/74; Order 1105, 220-20-020, filed 12/28/73; Order 1057, 220-20-020, filed 5/22/73; Order 1045, 220-20-020, filed 3/8/73; Order 988, 220-20-020, filed 4/28/72; Order 920, 220-20-020, filed 5/13/71; Order 862, 220-20-020, filed 4/16/70; Order 817, 220-20-020, filed 5/29/69; Order 810, 220-20-020, filed 4/17/69.]

OTS-2239.1


AMENDATORY SECTION(Amending Order 00-146, filed 8/17/00, effective 9/17/00)

WAC 220-32-057   Season -- Sturgeon.   (1) It is unlawful to take, fish for or possess sturgeon taken for commercial purposes in Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, and 1H except individuals possessing treaty fishing rights pursuant to the Yakima, Warm Springs, Umatilla, and Nez Perce treaties may fish for sturgeon with setline gear from January 1 through January 31, and during seasons opened under emergency rule by the department and as provided in this section.

(2) During the open season, it is unlawful to:

(a) ((It is unlawful to)) Retain for commercial or subsistence purposes sturgeon less than ((48)) 38 inches in fork length or greater than ((60)) 54 inches in fork length in Columbia River Salmon Management and Catch Reporting Area (SMCRA) 1F. It is unlawful to retain for commercial or subsistence purposes sturgeon less than 43 inches in fork length or greater than 54 inches in fork length in Columbia River SMCRAs 1G and 1H;

(b) ((To)) Sell, barter, or attempt to sell or barter sturgeon eggs that have been removed from the body cavity of a sturgeon prior to the sale of the sturgeon to a wholesale dealer licensed under chapter 75.28 RCW, or to sell or barter sturgeon eggs at retail; or

(c) ((To)) Deliver to a wholesale dealer licensed under chapter 75.28 RCW any sturgeon that are not in the round with the head and tail intact.

(3) Gear:

(a) Maximum 100 hooks per setline;

(b) Minimum hook size 9/0;

(c) Treble hooks prohibited; and

(d) Visible buoys required, with operator name and tribal identification clearly marked on the buoy.

[Statutory Authority: RCW 77.12.047. 00-17-117 (Order 00-146), 220-32-057, filed 8/17/00, effective 9/17/00. Statutory Authority: RCW 75.08.080. 82-19-083 (Order 82-142), 220-32-057, filed 9/21/82; Order 77-14, 220-32-057, filed 4/15/77; Order 1043, 220-32-057, filed 2/22/73; Order 915, 220-32-057, filed 3/4/71.]

Washington State Code Reviser's Office