WSR 18-23-070

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 18-302—Filed November 16, 2018, 1:54 p.m., effective December 17, 2018]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The purpose of this rule change is to adopt Washington Administrative Code for coastal recreational bottomfish and halibut fisheries that are consistent with regulations adopted by the Pacific Fishery Management Council (council).

Two changes to WAC 220-314-020 are proposed. The first would expand the current allowance to retain up to two canary rockfish to all coastal marine areas. The west coast canary rockfish population has rebuilt sufficiently to allow retention of canary rockfish. The Washington department of fish and wildlife (WDFW) has implemented canary rockfish retention in a conservative manner after a long period of retention being prohibited in recreational fisheries. In 2017, retention of up to two canary rockfish was allowed only in some areas of the coast. This approach gave managers the opportunity to consider not only the amount of canary rockfish that anglers would retain, but also to understand if their [there] might be issues with misidentification with yelloweye rockfish which remains prohibited in recreational fisheries and is managed under small federal harvest guidelines. Final 2017 catch estimates showed that recreational catch of approximately five mt was well below the fifty mt Washington recreational federal harvest guideline. In addition, it was clear that anglers were correctly distinguishing canary rockfish from yelloweye rockfish. Catch relative to federal harvest guidelines is sufficient to allow retention in all coastal management areas west of the Bonilla-Tatoosh line.

The second change would exempt flatfish from the nine fish daily bottomfish limit and maintain the current daily bag limit of twelve. In 2017, the recreational bottomfish bag limit was reduced from twelve to nine bottomfish per day. The bottomfish bag limit reduction was focused on the need to reduce catch of some rockfish species, primarily black rockfish. However, changes to the aggregate bottomfish bag limit that includes flatfish has no beneficial impact on the rockfish population given that the preferred habitat for most flatfish species (soft sand or muddy bottom) is different from the preferred habitat for most rockfish species (pelagic and high relief rocks and boulders). Restoring the flatfish limit to a daily limit of twelve will provide recreational opportunity in balance with resource sustainability.

The purpose of this rule change would be to implement an annual limit of four halibut per person. The primary objective of an annual bag limit is to spread halibut fishing opportunity across more participants by reducing the amount of halibut that anglers can collectively retain. WDFW catch record card data from 2012-2016 estimates that eighty-seven percent of anglers report catching two or fewer halibut per year while only one percent of anglers retain more than six halibut per year. However, stakeholders have continually expressed their support for an annual bag limit with many in favor of going as low as two fish. Others would be comfortable with a higher limit and some want it to continue to be unlimited. Based on the data and stakeholder input, we are proposing a phased approach to an annual bag limit starting at four fish. WDFW will review the results of the annual limit and continue to gather public input to gauge the need for additional changes in the future.

The purpose of this rule change is to expand the requirement to have a descending device on board recreational fishing vessels and rigged for deployment when fishing for bottomfish and halibut to include coastal marine areas. Currently, the rule is in place only in Puget Sound marine areas. Descending devices used to release rockfish back to the depth of capture significantly improve the survivability of released rockfish.

Citation of Rules Affected by this Order: Amending WAC 220-314-020 Possession limits—Bottomfish, 220-314-030 Halibut—Seasons—Daily and possession limits, and 220-310-110 Angling gear—Lawful and unlawful acts.

Statutory Authority for Adoption: RCW 77.04.020, 77.12.045, and 77.12.047.

Other Authority: C.F.R. Title 50, Part 660.

Adopted under notice filed as WSR 18-14-116 on July 5, 2018.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 3, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: October 22, 2018.

Kelly Susewind

Director