Original Notice.

Preproposal statement of inquiry was filed as WSR 00-02-085.

Title of Rule: Amend commercial fishing rules.

Purpose: To prohibit bottom trawling in the western Strait of Juan de Fuca and in state coastal waters (zero to three miles).

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: Trawling activity will be disallowed in the coastal inshore waters and in the western Strait of Juan de Fuca.

Reasons Supporting Proposal: The coastal trawl fishery inside three miles was allowed to provide an opportunity for a flatfish fishery, however, the few landings that have occurred since that action have been primarily of black rockfish, a species with a policy intent of providing for the inshore recreational fishery. This action will meet the policy intent of the department. The western Strait of Juan de Fuca (Area 29) allows trawl roller gear which is banned in all other state waters, both inside Puget Sound and in coastal waters. Commercial bottom fish trawl landings from this area have been small and inconsistent over time. This action will provide rule consistency in all state waters and be consistent with adjacent ocean waters.

Name of Agency Personnel Responsible for Drafting: Morris Barker, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2826; Implementation: Lew Atkins, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2325; and Enforcement: Bruce Bjork, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2373.

Name of Proponent: Washington Department of Fish and Wildlife, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule will ban bottom trawl gear in coastal state waters (zero to three miles) and in the western Strait of Juan de Fuca (Area 29). The purpose of the rule is to meet the recreational policy intent for the harvest of the coastal black rockfish stocks and to provide regulatory consistency for trawl gear in Area 29 that will be consistent with adjacent coastal waters. Anticipated effects is to remove black rockfish harvest by means of trawl gear in the coastal inshore waters, provide additional protection to inshore depleted marine fish species, and reduce potential bottom habitat impacts in state waters.

Proposal Changes the Following Existing Rules: Closes trawl fishing in coastal state waters and in the western Strait of Juan de Fuca (Area 29).

A small business economic impact statement has been prepared under chapter 19.85 RCW.

     2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None required.

     3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: No costs for compliance.

     4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? Yes.

     5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:

     a. Cost per employee;

     b. Cost per hour of labor; or

     c. Cost per one hundred dollars of sales.

     In regards to the ocean fishery occurring in the zero to three mile area of the coast, the shrimp trawl activities take place outside of this zone so no compliance costs will occur for these fishers. The food fish trawlers in this same area have landed catches with estimated annual average fleet values of $911.31 per license holder over the last three years, this will be the average cost of compliance. In the Marine Fish/Shellfish Catch Reporting Area 29, the shrimp trawl fishery has made no landings from this area so no compliance costs would be incurred. Food fish trawlers have an estimated annual average fleet value over the last three years of $86/yr, this will be the average cost of compliance.

     6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: No steps taken as the costs of compliance are very small compared to the values landed in other open areas where these license holders can still participate.

     7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: A mailing will be sent to all affected license holders inviting participants to a discussion on the proposed rule. The information gathered will be shared with the Fish and Wildlife Commission which will also hold a public hearing where testimony will be taken prior to action on the proposed rules.

     8. A List of Industries That Will Be Required to Comply with the Rule: The Puget Sound food fish trawl industry, the Puget Sound shrimp trawl industry, the coastal food fish trawl industry, the coastal pink shrimp trawl industry, the coastal spot shrimp trawl industry and the coastal scallop trawl industry.

A copy of the statement may be obtained by writing to Morris Barker, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2826, fax (360) 902-2944.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulic rules.

Hearing Location: Best Western Hotel, Southcenter, 15901 West Valley Road, Tukwila, WA 98188, on August 11-12, 2000, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by July 27, 2000, TDD (360) 902-2207, or (360) 902-2226.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2944, by August 10, 2000.

Date of Intended Adoption: August 11, 2000.

June 28, 2000

Evan Jacoby

Rules Coordinator

OTS-4147.1

AMENDATORY SECTION(Amending WSR 98-05-043, filed 2/11/98, effective 3/14/98)

WAC 220-44-030
Coastal bottomfish gear.

It is unlawful to take, fish for, possess, transport through the waters of the state or land in any Washington state ports, bottomfish taken for commercial purposes in Marine Fish-Shellfish Management and Catch Reporting Areas 59A, 59B, 60A and that portion of Area 58 within the United States 200-mile Fishery Conservation Zone with any gear except as provided in this section:

     (1) Otter trawl and beam trawl.

     (a) It is unlawful to use, operate or carry aboard any fishing vessel otter trawl gear having meshes measuring less than 3 inches anywhere in the net.

     (b) It is unlawful to use or operate any bottom roller or bobbin trawl having meshes less than 4.5 inches anywhere in the net. Rollers, bobbins, or discs used in roller or bobbin trawls must be a minimum of 14 inches in diameter.

     (c) It is unlawful to use or operate a pelagic trawl with meshes less than 3.0 inches anywhere in the net.      Footropes of pelagic trawls must be less than 1.75 inches in diameter, including twine necessary for seizing material.      Sweeplines, including the bottom leg of the bridle, must be bare.

     (d) For at least 20 feet immediately behind the footrope or headrope, bare rope or mesh of 16-inch minimum mesh size must completely encircle the net.      A band of mesh may encircle the net under transfer cables, lifting or splitting straps (chokers), but must be: Over riblines and restraining straps; the same mesh size and coincide knot-to-knot with the net to which it is attached; and no wider than 16 meshes.

     (e) Chafing gear may encircle no more than 50 percent of the circumference of any bottom, roller, bobbin or pelagic trawl except as specified in (d) of this subsection.      No section of chafing gear may be longer than 50 meshes of the net to which it is attached.      Except at the corners, the terminal end of each section of chafing gear must not be connected to the net.      Chafing gear must be attached outside any riblines and restraining straps.      There is no limit on the number of sections of chafing gear on a net.

     (f) It is unlawful to use double wall codends in any trawl gear.

     (g) Licensing: A food fish trawl -- non-Puget Sound fishery license is the license required to operate the gear provided for in this section.      Additionally a federal limited entry permit is required in Areas 59A, 59B, 60A and that portion of Area 58 within the Exclusive Economic Zone.

     (h) Area restriction: It is unlawful to use ((bottom roller, bobbin or disc)) otter trawl or ((to use a foot rope greater than 5 inches in diameter)) beam trawl gear in state territorial waters (0-3 miles) within ((the catch areas provided for in this section)) Areas 58A, 58B, 59A, 59B or 60A.

     (2) Set lines.

     (a) It is unlawful for the operator of set lines to leave such gear unattended unless marked as provided in WAC 220-20-010(5).      Set lines must be attended at least once every seven days.      Set lines must be marked at the surface at each terminal end with a pole, flag, light, radar reflector, and a buoy displaying clear identification of the owner or operator.

     (b) Licensing: A food fish set line fishery license is the license required to operate the gear provided for in this section.

     (c) Area restriction: It is unlawful to use set line gear in state territorial waters (0-3 miles) within Areas 59A, 59B, 60A and that portion of Area 58 within the Exclusive Economic Zone.

     (3) Bottomfish pots.

     (a) It is unlawful for the operator of bottomfish pots to leave such gear unattended unless marked as provided in WAC 220-20-010(5).      Bottomfish pots must be attended at least once every seven days.      Bottomfish pots set individually must be marked at the surface with a pole and a flag, light, or radar reflector, and a buoy displaying clear identification of the owner.      Bottomfish pots laid on a groundline must be marked at the surface at each terminal end of the groundline with a pole and a flag, light, and radar reflector, and a buoy displaying clear identification of the owner or operator.

     (b) Licensing: A bottomfish pot fishery license is the license required to operate the gear provided for in this section.

     (c) Area restriction: It is unlawful to use bottomfish pots in state territorial waters (0-3 miles) within the catch areas provided for in this section.

     (4) Commercial jig gear.

     (a) Licensing: A bottomfish jig fishery license is the license required to operate the gear provided for in this section.

     (b) Area restriction: It is unlawful to use commercial jig gear in state territorial waters (0-3 miles) within the catch areas provided for in this section.

     (5) Troll lines.

     (a) Licensing: A bottomfish troll fishery license is the license required to operate the gear provided for in this section.

     (b) Area restriction: It is unlawful to use bottomfish troll gear in state territorial waters (0-3 miles) within the catch areas provided for in this section.

     (6) Incidental catch.

     (a) It is lawful to retain bottomfish taken incidental to any lawful salmon fishery, up to a daily limit of 100 pounds or 30% of all fish on board, whichever is greater.      No more than one trip per day provided the bottomfish could be lawfully taken.

     (b) It is unlawful to take salmon incidental to any lawful bottomfish fishery.

     (c) It is lawful to retain sturgeon taken incidental to any lawful bottomfish fishery, provided the sturgeon could be lawfully taken.

     (d) It is unlawful to retain any species of shellfish taken incidental to any lawful bottomfish fishery, except that it is lawful to retain octopus and squid.

[Statutory Authority: RCW 75.08.080.      98-05-043, § 220-44-030, filed 2/11/98, effective 3/14/98; 96-11-055 (Order 96-43), § 220-44-030, filed 5/9/96, effective 6/9/96; 94-12-009 (Order 94-23), § 220-44-030, filed 5/19/94, effective 6/19/94; 92-07-008 (Order 92-07), § 220-44-030, filed 3/6/92, effective 4/16/92; 88-22-033 (Order 88-157), § 220-44-030, filed 10/27/88; Statutory Authority: RCW 75.08.080.      88-22-033 (Order 88-157), § 220-44-030, filed 10/27/88; 84-08-014 (Order 84-24), § 220-44-030, filed 3/27/84; 82-14-056 (Order 82-72), § 220-44-030, filed 7/1/82; 82-03-045 (Order 82-6), § 220-44-030, filed 1/19/82; 81-02-053 (Order 81-3), § 220-44-030, filed 1/7/81; 79-03-014 (Order 79-11), § 220-44-030, filed 2/15/79; 78-04-039 (Order 78-11), § 220-44-030, filed 3/20/78.]

OTS-4148.1

AMENDATORY SECTION(Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-48-011
Beam trawl and otter trawl -- Gear.

(1)(a) Mesh sizes.      It is unlawful to use or operate beam trawls or otter trawls having mesh size in the codend section less than 4 1/2 inches in waters of Puget Sound, unless otherwise provided.

     (b) It is lawful to use or operate pelagic trawl gear having mesh size in the codend section of not less than 3 inches while fishing for Pacific whiting during the seasons provided in WAC 220-48-017 (1) and (2).

     (2) Chafing gear.

     (a) For bottom trawls, chafing gear must have a minimum mesh size of 15 inches unless only the bottom one-half (underside) of the codend is covered by chafing gear.

     (b) For roller trawls and pelagic trawls chafing gear covering the upper one-half (top side) of the codend must have a minimum mesh size of 6.0 inches.

     (3) Roller trawl.

     (((a))) It is unlawful to use ((a)) roller trawl gear in Puget Sound ((except in Marine Fish-Shellfish Management and Catch Reporting Area 29.

     (b) It is unlawful to use a roller trawl that does not conform to the gear requirements in WAC 220-44-030)).

[Statutory Authority: RCW 75.08.080.      94-12-009 (Order 94-23), § 220-48-011, filed 5/19/94, effective 6/19/94; 91-13-051 (Order 91-39), § 220-48-011, filed 6/14/91, effective 7/15/91; 87-04-003 (Order 87-03), § 220-48-011, filed 1/22/87; 85-08-023 (Order 85-24), § 220-48-011, filed 4/1/85; 84-08-014 (Order 84-24), § 220-48-011, filed 3/27/84; 83-24-024 (Order 83-200), § 220-48-011, filed 11/30/83, effective 1/1/84; 82-14-056 (Order 82-72), § 220-48-011, filed 7/1/82.]

(1) It is lawful to fish for and possess bottomfish taken with bottom trawl and beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 22A, 22B, 23A, 23B, 23C, 25A, and 25B((, and 29)) the entire year with the following exceptions:

     (a) Those waters of Area 20A east of a line projected from Point Whitehorn to Sandy Point are closed the entire year.

     (b) Those waters of Area 20A within an area bounded by lines from Lilly Point to Birch Point and from the southwest corner of Point Roberts to Point Whitehorn to where these two lines are intersected by a line south from Kwomais Point in British Columbia and a line from Lilly Point to the north Alden Bank buoy are closed April 15 through May 31.

     (c) Those waters of Area 20A within an area bounded by lines from Lilly Point to Birch Point and Lilly Point to the north Alden Bank buoy to where those lines are intersected by a line projected approximately 230 degrees south from Birch Point to Alden Point on Patos Island are closed June 1 through June 30.

     (d) Areas 20A, 20B, 21A, 22A and 22B are closed to all trawl fishing in waters less than 30 feet deep.

     (e) Areas 20A, 20B, 21A, 22A and 22B are closed in waters deeper than 40 fathoms from July 1 through December 31.

     (f) Area((s)) 23C ((and 29 are)) is closed to otter trawl fishing the entire year in waters shallower than 50 fathoms and ((are)) is closed to beam trawl fishing in waters less than 60 feet deep.

     (g) Area((s)) 23C ((and 29 are)) is closed to otter trawl Wednesday, Saturday and Sunday, January 1 through August 31, and closed to all otter trawl September 1 through December 31.

     (2) It is lawful to fish for and possess bottomfish taken with beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 25A and 25B the entire year with the following exceptions:

     (a) All of Area 25A is closed February 1 through April 15 of each year.

     (b) Those waters of Area 25A lying southerly and westerly of a line projected from Kiapot Point to Gibson Spit (Sequim Bay) are closed the entire year.

     (c) Areas 23A, 25A and 25B are closed to beam trawl fishing in waters less than 60 feet deep.

     (3) It is unlawful to fish for or possess bottomfish taken with otter trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 25A and 25B the entire year.

     (4) It is unlawful to take, fish for or possess bottomfish taken with bottom trawl or beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 21B, 23D, 24A, 24B, 24C, 24D, 25C, 25D, 25E, 26A, 26B, 26C, 26D, 27A, 27B, 27C, 28A, 28B, 28C, ((and)) 28D, and 29 the entire year.

     (5) It is unlawful to take more than 500 pounds of rockfish with beam trawl and bottom trawl gear during any vessel trip in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.

[Statutory Authority: RCW 75.08.080.      98-05-043, § 220-48-015, filed 2/11/98, effective 3/14/98; 97-07-053 (Order 97-52), § 220-48-015, filed 3/17/97, effective 4/17/97; 94-19-001 (Order 94-96), § 220-48-015, filed 9/7/94, effective 10/8/94; 94-12-009 (Order 94-23), § 220-48-015, filed 5/19/94, effective 6/19/94; 91-13-051 (Order 91-39), § 220-48-015, filed 6/14/91, effective 7/15/91; 89-14-010 (Order 89-48), § 220-48-015, filed 6/22/89; 87-04-003 (Order 87-03), § 220-48-015, filed 1/22/87; 85-08-023 (Order 85-24), § 220-48-015, filed 4/1/85; 84-08-014 (Order 84-24), § 220-48-015, filed 3/27/84; 83-24-024 (Order 83-200), § 220-48-015, filed 11/30/83, effective 1/1/84; 83-04-025 (Order 83-04), § 220-48-015, filed 1/27/83; 82-24-080 (Order 82-215), § 220-48-015, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), § 220-48-015, filed 7/1/82.]

(1) It is ((lawful)) unlawful to use roller trawls ((in Puget Sound Marine Fish-Shellfish Management and Catch Reporting Area 29 the entire year.

     (2) It is unlawful to take more than 500 pounds of rockfish with roller trawl gear during any vessel trip)) in ((all)) any Puget Sound Marine Fish-Shellfish Management and Catch Reporting Area((s)).

[Statutory Authority: RCW 75.08.080.      98-05-043, § 220-48-019, filed 2/11/98, effective 3/14/98; 94-12-009 (Order 94-23), § 220-48-019, filed 5/19/94, effective 6/19/94; 82-14-056 (Order 82-72), § 220-48-019, filed 7/1/82.]

OTS-4146.1

AMENDATORY SECTION(Amending Order 98-257, filed 12/22/98, effective 1/22/99)

WAC 220-52-050
Ocean pink shrimp trawl fishery -- Coastal waters.

It is unlawful to fish for, possess or deliver ocean pink shrimp taken for commercial purposes from ((Washington territorial waters west of)) the ((Bonilla-Tatoosh line or)) waters of the Exclusive Economic Zone except as provided for in this section:

     (1) Ocean pink shrimp fishery:

     (a) The open season for trawl gear is April 1 through October 31 of each year.

     (b) The following gear is prohibited: Trawl gear having a net mesh size greater than two inches in the intermediate or codend, except for net mesh used in fish excluder devices. It is lawful to have net mesh larger than two inches in the wings or body of the trawl.

     (c) Minimum number of shrimp per pound: The count per pound must average no more than 160 shrimp per pound for a minimum of two samples increasing at a rate of one sample per one thousand pounds landed or in possession up to a maximum requirement of twenty samples. Such samples shall consists of at least one pound of each of whole unbroken shrimp taken at random from throughout the individual load landed or in possession. This shall apply only to loads of 3,000 pounds of shrimp or more.

     (d) Incidental catch-finfish: It is unlawful to take salmon incidental to any shrimp fishery. It is unlawful to retain any bottomfish species taken incidental to shrimp trawl fishery except as provided for in WAC 220-44-050.

     (e) Incidental catch-shellfish:

     (i) It is unlawful to retain any species of shellfish except that it is lawful to retain up to 50 pounds round weight of other shrimp species taken incidentally in the ocean pink shrimp fishery, or octopus or squid.

     (ii) It is unlawful to ((retain)) fish for ocean pink shrimp ((taken)) within the territorial boundaries of the state.

     (f) An ocean pink shrimp delivery license is the license required to operate the gear provided for in this section, and allows the operator to retain shrimp taken in ((offshore)) the waters of the Exclusive Economic Zone.

     (2) ((Ocean spot shrimp fishery: The spot shrimp fishery shall be governed by chapter 220-88B WAC.

     (3))) Fisheries for shrimp species other than ocean pink shrimp or ocean spot shrimp: Species other than ocean pink shrimp and ocean spot shrimp may only be taken incidentally to the ocean pink shrimp and ocean spot shrimp fisheries.

[Statutory Authority: RCW 75.08.080.      99-01-154 (Order 98-257), § 220-52-050, filed 12/22/98, effective 1/22/99; 94-12-009 (Order 94-23), § 220-52-050, filed 5/19/94, effective 6/19/94; 93-15-051, § 220-52-050, filed 7/14/93, effective 8/14/93; 87-23-006 (Order 87-187), § 220-52-050, filed 11/6/87; 84-08-014 (Order 84-24), § 220-52-050, filed 3/27/84; 83-04-025 (Order 83-04), § 220-52-050, filed 1/27/83; 82-03-045 (Order 82-6), § 220-52-050, filed 1/19/82; 80-13-064 (Order 80-123), § 220-52-050, filed 9/17/80; 79-02-053 (Order 79-6), § 220-52-050, filed 1/30/79; Order 76-152, § 220-52-050, filed 12/17/76; Order 76-26, § 220-52-050, filed 1:45 p.m., 4/20/76; Order 1242, § 220-52-050, filed 8/7/75, effective 9/16/75; Order 1179, § 220-52-050, filed 11/19/74; Order 1112, § 220-52-050, filed 4/15/74; Order 945, § 220-52-050, filed 8/16/71; Order 807, § 220-52-050, filed 1/2/69, effective 2/1/69; subsections 1, 5, 6 from Orders 414 and 256, filed 3/1/60; subsection 2 from Orders 420 and 256, filed 3/1/60; subsection 3 from Order 525, filed 5/3/61; Orders 414 and 256, filed 3/1/60; subsection 7 from Order 525, filed 5/3/61.]

It is unlawful to fish for or possess scallops taken for commercial purposes from ((coastal and offshore)) the waters of the Exclusive Economic Zone except as provided for in this section.

     (1) Season: July 1 through November 30 in the waters of the Exclusive Economic Zone. It is unlawful to trawl for scallops in Washington territorial waters west of the Bonilla-Tatoosh line or in Marine Fish-Shellfish Management and Catch Reporting Area 29.

     (2) Gear: Only scallop dredge gear may be used.      Scallop dredge gear may not exceed fifteen feet in width per unit of gear and must have three inch or larger net mesh or rings throughout.      Scallop dredges may not use a dredge liner nor have chaffing gear covering any portion of the top half of the dredge.

     (3) Licensing: A shrimp trawl -- non-Puget Sound fishery license is the license required to operate the gear provided for in this section.

     (4) Incidental catch: It is unlawful to retain food fish or shellfish taken incidental to any lawful scallop fishery, except that it is lawful to retain octopus and squid.

[Statutory Authority: RCW 75.08.080.      94-12-009 (Order 94-23), § 220-52-068, filed 5/19/94, effective 6/19/94; 93-15-051, § 220-52-068, filed 7/14/93, effective 8/14/93.]

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