WSR 09-08-074

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 30, 2009, 10:15 a.m. ]

Title of Rule and Other Identifying Information: WAC 220-56-230 Bottomfish and halibut -- Closed areas, 220-56-250 Lingcod areas and seasons, and 220-56-255 Halibut -- Seasons -- Daily and possession limits.

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, Washington Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091 , AND RECEIVED BY June 1, 2009.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to enact state rules for recreational halibut and bottomfish fishery area closures and seasons consistent with the Code of Federal Regulations (C.F.R.) Title 50, Part 660, Subpart G. The rule changes will close previously open areas to recreational halibut and bottomfish to protect yelloweye rockfish, prohibit the take of bottomfish during halibut seasons with some exceptions, and set the seasons for recreational halibut fishing. Changes to the lingcod areas and seasons rule are strictly editorial.

Reasons Supporting Proposal: These rule proposals align state rules with federal management measures adopted for the 2009 season to protect yelloweye and canary rockfish.

Statutory Authority for Adoption: RCW 77.65.010, 77.12.047, and 77.04.020.

Statute Being Implemented: RCW 77.65.010, 77.12.047, and 77.04.020.

Rule is necessary because of federal law, C.F.R. Title 50, Part 660, Subpart G.

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

Name of Agency Personnel Responsible for Drafting: Lori Preuss, 1111 Washington Street S.E., Olympia, WA, (360) 902-2930; Implementation: Deputy Chief Mike Cenci, 1111 Washington Street S.E., Olympia, WA, (360) 902-2938; and Enforcement: Chief Bruce Bjork, 1111 Washington Street S.E., Olympia, WA, (360) 902-2929.

March 30, 2009

Lori Preuss

Rules Coordinator

OTS-2252.1


AMENDATORY SECTION(Amending Order 03-24, filed 2/14/03, effective 5/1/03)

WAC 220-56-230   Bottomfish and halibut -- Closed areas.   It is unlawful to take, fish for, retain, or possess bottomfish or halibut taken for personal use from within the following areas:

(1) An eastward-facing (("))C(("))-shaped closed area defined as: Beginning at 48N, 12459'W((,)); thence to 48N, 12518'W((,)); thence to 4818'N, 12518'W((,)); thence to 4818'N, 12459'W((,)); thence to 4811'N, 12459'W((,)); thence to 4811'N, 12511'W((,)); thence to 4804'N, 12511'W((,)); thence to 4804'N, 12459'W((,)); thence to the point of origin.

(2) The "Westport Offshore Recreational YRCA" closed area, defined by straight lines connecting the following specific latitude and longitude coordinates in the order listed: Beginning at 4654.30'N, 12453.40'W; thence to 4654.30'N, 12451.00'W; thence to 4653.30'N, 12451.00'W; thence to 4653.30'N, 12453.40'W, thence to the point of origin.

(3) The "South Coast Recreational YRCA" closed area, defined by straight lines connecting the following specific latitude and longitude coordinates in the order listed: Beginning at 4658.00'N, 12448.00'W; thence to 4655.00'N, 12448.00'W; thence to 4655.00'N, 12449.00'W; thence to 4658.00'N, 12449.00'W; thence to the point of origin.

[Statutory Authority: RCW 77.12.047. 03-05-057 (Order 03-24), 220-56-230, filed 2/14/03, effective 5/1/03. Statutory Authority: RCW 75.08.080. 90-06-026, 220-56-230, filed 2/28/90, effective 3/31/90.]


AMENDATORY SECTION(Amending Order 08-173, filed 7/17/08, effective 8/17/08)

WAC 220-56-250   Lingcod -- Areas and seasons.   It is unlawful to take, fish for, or possess lingcod for personal use except during the following seasons and ((within the)) areas ((herein provided)):

(1) Coastal area:

(a) Catch Record Card Areas 1 through 3(( - )): The Saturday closest to March 16, through the Saturday closest to October 15;

(b) Catch Record Card Area 4 west of the Bonilla-Tatoosh line(( - )): April 16 through October 15, or the Saturday closest to October 15 if that Saturday ((is previous to)) comes before October 15, whichever is earlier; and

(c) Catch Record Card Area 4 east of the Bonilla-Tatoosh line(( - )): April 16 through October 15.

(2) Catch Record Card Areas 5 through 13(( - )): May 1 through June 15 by angling, and May 21 through June 15 by spear fishing.

[Statutory Authority: RCW 77.12.047 and 77.04.020. 08-15-089 (Order 08-173), 220-56-250, filed 7/17/08, effective 8/17/08. Statutory Authority: RCW 77.12.047. 04-07-009 (Order 04-39), 220-56-250, filed 3/4/04, effective 5/1/04; 03-05-057 (Order 03-24), 220-56-250, filed 2/14/03, effective 5/1/03. Statutory Authority: 2000 c 107 7. 00-17-016 (Order 00-139), 220-56-250, filed 8/3/00, effective 9/3/00. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), 220-56-250, filed 3/29/00, effective 5/1/00. Statutory Authority: RCW 75.08.080. 92-11-012 (Order 92-19), 220-56-250, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), 220-56-250, filed 4/2/91, effective 5/3/91; 89-10-032 (Order 89-26), 220-56-250, filed 4/27/89; 84-09-026 (Order 84-22), 220-56-250, filed 4/11/84; 83-07-043 (Order 83-16), 220-56-250, filed 3/17/83; 82-07-047 (Order 82-19), 220-56-250, filed 3/18/82; 80-07-017 (Order 80-45), 220-56-250, filed 6/11/80; 80-03-064 (Order 80-12), 220-56-250, filed 2/27/80, effective 4/1/80.]

OTS-2253.1


AMENDATORY SECTION(Amending WSR 07-21-068, filed 10/15/07, effective 11/15/07)

WAC 220-56-255   Halibut -- Seasons -- Daily and possession limits.   (1) It is unlawful to fish for or possess halibut taken for personal use except from the areas or in excess of the amounts provided for in this section:

(a) Catch Record Card Area 1: Open on the first Thursday in May or May 1, if May 1 is a Friday or Saturday, through ((September 30)) the third Saturday in July, from 12:01 a.m. each Thursday through 11:59 p.m. each Saturday. The fishery will reopen on the first Friday in August through September 30, from 12:01 a.m. each Friday through 11:59 p.m. each Sunday. By-catch restriction: It is unlawful during any vessel trip to bring into port or land bottomfish, except sablefish or Pacific cod, if the vessel has brought halibut into port or landed halibut.

(b) Catch Record Card Area 2:

(i) Those waters ((south of the Queets River, north of 47 and east of 12440'W)) from 4725.00'N. lat. south to 4658.00'N. lat. and east of 12430.00'W. long. - Open ((May 1)) on the first Sunday in May through September 30 on days that all other waters in Area 2 are open, as specified in (b)(ii) of this subsection, and from 12:01 a.m. each Thursday through 11:59 p.m. each Sunday.

(ii) All other waters in Area 2 - Open ((May 1)) on the first Sunday in May through the third Sunday in May from 12:01 a.m. through 11:59 p.m. each Sunday, and from 12:01 a.m. through 11:59 p.m. each Tuesday. Beginning on the third Sunday in May through September 30, ((except closed to fishing for halibut 12:01 a.m. of each Friday through 11:59 p.m. of each Saturday)) the halibut fishery will be open from 12:01 a.m. through 11:59 p.m. each Sunday.

(iii) From March 15, through June 15, it is unlawful to fish for or possess bottomfish seaward of line approximating the 30-fathom depth contour as defined by the coordinates below. However, a person may fish for and retain sablefish and Pacific cod from May 1 through June 15 seaward of a line approximating the 30-fathom depth contour as defined by the coordinates below:


4731.70'N. lat., 12437.03'W. long.

4725.67'N. lat., 12434.79'W. long.

4712.82'N. lat., 12429.12'W. long.

4652.94'N. lat., 12422.58'W. long.

4644.18'N. lat., 12418.00'W. long.

4638.17'N. lat., 12415.88'W. long.


(c) Catch Record Card Areas 3 and 4 - Open ((May 10)) the first Thursday between May 9 and May 15 of each year through September 30, ((except closed to fishing for halibut 12:01 a.m. of each Sunday through 11:59 p.m. of each Monday)) from 12:01 a.m. through 11:59 p.m. each Thursday and from 12:01 a.m. through 11:59 p.m. each Saturday. The following area southwest of Cape Flattery is closed to halibut fishing at all times:

Those waters within an eastward-facing (("))C(("))-shaped closed area defined as: Beginning at 4818'N. lat.((;)), 12518'W. long.((,)); thence to 4818'N. lat.((;)), 12459'W. long.((,)); thence to 4811'N. lat.((;)), 12459'W. long.((,)); thence to 4811'N. lat.((;)), 12511'W. long.((,)); thence to 4804'N. lat.((;)), 12511'W. long.((,)); thence to 4804'N. lat.((;)), 12459'W. long.((,)); thence to 4800'N. lat.((;)), 12459'W. long.((,)); thence to 4800'N. lat.((;)), 12518'W. long.((,)); thence to the point of origin.

It is unlawful to fish for or possess bottomfish seaward of a line approximating the 20-fathom depth contour as defined by the following coordinates, from May 21 through September 30, on days and times closed to halibut fishing:


4823.9'N.((;)), 12444.2'W.

4823.6'N.((;)), 12444.9'W.

4818.6'N.((;)), 12443.6'W.

4818.6'N.((;)), 12448.2'W.

4810.0'N.((;)), 12448.8'W.

4802.4'N.((;)), 12449.3'W.

4737.6'N.((;)), 12434.3'W.

4731.7'N.((;)), 12432.4'W.


(d) Catch Record Card Area 5 - Open ((May 26)) the Thursday before Memorial Day through ((July 31)) September 30, except closed to fishing for halibut beginning at 12:01 a.m. ((of)) each Tuesday through 11:59 p.m. ((of)) each Wednesday.

(e) Catch Record Card Areas 6 through 13 - Open ((April 14)) May 1 through ((June 20)) September 30, except closed to fishing for halibut beginning at 12:01 a.m. ((of)) each Tuesday through 11:59 p.m. ((of)) each Wednesday.

(2) Daily limit is one halibut taken from state ((and)) or offshore waters((, except)). This does not include Canadian waters((.)); see WAC 220-56-156 for limits on Canadian-origin halibut.

(3) The possession limit is two daily limits of halibut in any form, except the possession limit aboard the fishing vessel is one daily limit. See WAC 220-56-156 for rules on Canadian-origin halibut possession.

(((4) It is unlawful to land halibut outside the catch area in which the halibut were taken, except for Canadian-origin halibut. See WAC 220-56-156 for rules on landing Canadian-origin halibut.))

[Statutory Authority: RCW 77.12.047 and 77.04.020. 07-21-068, 220-56-255, filed 10/15/07, effective 11/15/07. Statutory Authority: RCW 77.12.047. 06-17-057 (Order 06-199), 220-56-255, filed 8/10/06, effective 9/10/06; 05-14-035 (Order 05-130), 220-56-255, filed 6/24/05, effective 7/25/05; 03-05-057 (Order 03-24), 220-56-255, filed 2/14/03, effective 5/1/03. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-15-081 (Order 99-102), 220-56-255, filed 7/20/99, effective 8/20/99; 99-08-029 (Order 99-13), 220-56-255, filed 3/30/99, effective 5/1/99; 98-06-031, 220-56-255, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), 220-56-255, filed 3/19/97, effective 5/1/97; 95-12-027 (Order 95-46), 220-56-255, filed 5/31/95, effective 7/1/95; 94-14-069, 220-56-255, filed 7/1/94, effective 8/1/94; 93-15-011, 220-56-255, filed 7/8/93, effective 8/8/93; 93-08-034 (Order 93-20), 220-56-255, filed 3/31/93, effective 5/1/93; 89-07-060 (Order 89-12), 220-56-255, filed 3/16/89; 88-10-013 (Order 88-15), 220-56-255, filed 4/26/88; 85-10-062 (Order 85-39), 220-56-255, filed 5/1/85; 80-03-064 (Order 80-12), 220-56-255, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-071.]

Washington State Code Reviser's Office