PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-18-106.
Title of Rule: Puget Sound--Bottomfish, several sections including general provisions, beam trawl and bottom trawl seasons, set net, dogfish gear and seasons, and set line gear and seasons.
Purpose: Restrict or discontinue targeted commercial fisheries and allowable incidental catches for spiny dogfish by modifying allowable gears, seasons, and practices.
Statutory Authority for Adoption: RCW 75.08.080.
Statute Being Implemented: RCW 75.08.080.
Summary: The seasons, gears, and practices used by commercial fishers for catching spiny dogfish will be modified or eliminated to conserve depressed populations of spiny dogfish.
Reasons Supporting Proposal: The population of spiny dogfish in northern Puget Sound has declined dramatically during the past several years and is now in depressed status. The stock structure within other areas of Puget Sound are poorly known. Consistent with existing WDFW policies and plans, reductions or curtailment of commercial fisheries is required to conserve dogfish populations
Name of Agency Personnel Responsible for Drafting: Wayne Palsson, 16018 Mill Creek Boulevard, Mill Creek, WA 98012-1296, (425) 379-2313; 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 prohibit the retention of spiny dogfish by commercial fishers and will eliminate targeted fisheries for dogfish using set net and set line gears. Puget Sound commercial fishers will be required to discard any dogfish that are caught during other commercial fisheries. Spiny dogfish populations are depressed in northern Puget Sound, the primary fishery area, and this rule change will provide for the conservation of this species consistent with agency policy and plans adopted through public process.
Proposal Changes the Following Existing Rules: Several sections of chapter 220-48 WAC, Puget Sound fish other than salmon, are proposed for amendment in order to accomplish the intent of the rule change and met conservation needs. These changes include modifying general provisions section to make it unlawful to retain spiny dogfish by any commercial gear; modify beam trawl and bottom trawl--Seasons section, to make it unlawful to retain spiny dogfish with bottomfish trawl gear in Puget Sound; modify Set net--Dogfish--Gear section to prohibit the use of dogfish set net gear in Puget Sound; modify Set net--Dogfish--Seasons, to make it unlawful to fish for or possess spiny dogfish, other food fish, or shellfish taken with dogfish set net gear in Puget Sound during the entire year; modify Set line--Gear section, to prohibit retention of spiny dogfish taken by set line gear in Puget Sound; and modify the Set line--Seasons section, to make it unlawful to fish for or possess spiny dogfish taken by set line gear during the entire year.
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: A minor amount of labor may be involved to sort commercial catches and return dogfish to the water.
4. Will Compliance with the Rule Cause Business to Lose Sales or Revenue? Up to 100 commercial fishers who have engaged in dogfish fisheries during the past several years will lose the revenue gained from the sales of dogfish. During the past three years, the annual amount of money paid to these commercial fishers has ranged from $29,000 to $235,000 for the entire fleet.
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: Cost per employee; cost per hour of labor; or cost per one hundred dollars of sales: WDFW does not have detailed economic data to evaluate the effect of the rule change for the 10% of the largest business in terms of these three criteria. However, the economic data received from the price paid to individual fishers ("exvessel value") for their dogfish does provide insight into the effects of the proposed rule. The exvessel value for dogfish indicates that five or fewer fishers accumulated more than $10,000 each from their dogfish sales in either 1996 or 1997. During 1998, no fisher selling dogfish accumulated more than $10,000 during the entire year. Only two or three of the most successful fishers likely support themselves entirely from this fishery, and they will not be able to continue their livelihood as a result of the proposed rule. These and the other most successful fishers that account for the top 10% of the exvessel value will suffer substantial loss of income from this rule change. Many fishers who only target dogfish part-time or catch dogfish incidental to other fisheries will suffer an economic loss that may result in making their fishing business unprofitable.
6. Steps Taken by Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing so: The nature of harvesting slow growing and long-lived sharks precludes the practical mitigation of the economic loss. Curtailing the fishery now may allow for reestablishment of productive fisheries in the future.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: A public meeting and hearing will be held and notification of the proposed rule change will be made in the Fish and Wildlife Commission published agenda.
8. A List of Industries That Will Be Required to Comply with this Rule: Dogfish set net license holders. Puget Sound set line license holders. Puget Sound food fish trawl license holders. Puget Sound bottomfish pot license holders.
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. These rules are not hydraulic rules.
Hearing Location: Double Tree Hotel at the Quay, 100 Columbia Street, Vancouver, WA, on December 10-11, 1999, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by November 23, 1999, 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 December 9, 1999.
Date of Intended Adoption: December 10, 1999.
November 1, 1999
Evan Jacoby
Rules Coordinator
OTS-3569.1
AMENDATORY SECTION(Amending WSR 98-05-043, filed 2/11/98,
effective 3/14/98)
WAC 220-48-005
Puget Sound bottomfish--General provisions.
(1) It is unlawful to possess any English sole less than 12 inches in length taken by any commercial bottomfish gear in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.
(2) It is unlawful to possess any starry flounder less than 14 inches in length taken by any commercial bottomfish gear in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.
(3) It is unlawful to possess lingcod taken with any commercial gear the entire year in Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas 23D, 24A, 24B, 24C, 24D, 25B, 25C, 25D, 26A, 26B, 26C, 26D, 27A, 27B, 27C, 28A, 28B, 28C, and 28D.
(4) It is unlawful to possess any lingcod less than 26 inches in length or greater than 40 inches in length taken by any commercial gear in all state waters east of the Bonilla-Tatoosh line.
(5) It is unlawful to possess lingcod taken by any commercial gear from June 16 through April 30 in Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 23A, 23B, 23C, 25A, 25E, and 29.
(6) It is unlawful to possess any species of shellfish taken with lawful bottomfish gear except as provided in WAC 220-52-063 and 220-52-066.
(7) Incidental catch.
(a) It is lawful to retain bottomfish taken incidental to any lawful salmon fishery, provided the bottomfish could be lawfully taken.
(b) It is unlawful to retain salmon or sturgeon taken incidental to any lawful bottomfish fishery in Puget Sound.
(c) It is unlawful to retain any species of shellfish taken incidental to any bottomfish fishery in Puget Sound, except that it is lawful to retain octopus and squid.
(d) It is unlawful to retain any whiting taken incidental to any bottomfish fishery in Catch Areas 24B, 24C or 26A except using pelagic trawl gear when these areas have been opened by the director for a directed whiting fishery.
(8) A vessel trip is defined as having occurred upon the initiation of transfer of catch from a fishing vessel.
(9) Pacific cod.
(a) It is unlawful to discard any Pacific cod taken by any commercial fishing gear.
(b) All Pacific cod taken by a commercial gear shall be landed at a licensed commercial dealer.
(10) Sablefish. It is unlawful to take more than 300 pounds of sablefish per vessel trip or more than 600 pounds of sablefish per two-month cumulative limit from open Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas. A two-month cumulative limit is the maximum amount of fish that may be taken and retained, possessed or landed per vessel per two-fixed calendar month period. The fixed two-month periods are January-February, March-April, May-June, July-August, September-October and November-December.
(11) It is unlawful to possess dogfish taken with commercial gear the entire year in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.
[Statutory Authority: RCW 75.08.080. 98-05-043, § 220-48-005, filed 2/11/98, effective 3/14/98; 94-12-009 (Order 94-23), § 220-48-005, filed 5/19/94, effective 6/19/94; 93-15-051, § 220-48-005, filed 7/14/93, effective 8/14/93; 92-11-011 (Order 92-28), § 220-48-005, filed 5/12/92, effective 6/12/92; 85-08-023 (Order 85-24), § 220-48-005, filed 4/1/85; 83-24-024 (Order 83-200), § 220-48-005, filed 11/30/83, effective 1/1/84; 82-24-080 (Order 82-215), § 220-48-005, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), § 220-48-005, filed 7/1/82.]
(1) It is lawful to fish for and possess bottomfish except dogfish 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, 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) Areas 23C and 29 are closed to otter trawl fishing the entire year in waters shallower than 50 fathoms and are closed to beam trawl fishing in waters less than 60 feet deep.
(g) Areas 23C and 29 are 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 except dogfish 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 except dogfish 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 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) A food fish trawl--Puget Sound fishery license is a license required to operate pelagic trawl and allows the operator to retain whiting and other bottomfish except dogfish taken in all Puget Sound catch areas except 24B, 24C and 26A.
(2) A whiting--Puget Sound fishery license is a license required to operate pelagic trawl and allows the operator to retain whiting and other bottomfish except dogfish taken in all Puget Sound catch areas open to pelagic trawl.
[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), § 220-48-016, filed 5/19/94, effective 6/19/94.]
It is unlawful to take, fish for and possess bottomfish taken with pelagic trawl gear except in the Marine Fish-Shellfish Management and Catch Reporting Areas and during the times as follows:
(1) Areas 20A and 20B - Open February 16 through April 15.
(2) In any area at any time so designated by a permit issued by the director of the department.
(3) It is unlawful to retain dogfish taken with pelagic trawl.
[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), § 220-48-017, filed 5/19/94, effective 6/19/94; 91-13-051 (Order 91-39), § 220-48-017, filed 6/14/91, effective 7/15/91; 87-04-003 (Order 87-03), § 220-48-017, filed 1/22/87; 84-08-014 (Order 84-24), § 220-48-017, filed 3/27/84; 82-14-056 (Order 82-72), § 220-48-017, filed 7/1/82.]
(1) It is lawful 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 Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.
(3) It is unlawful to retain dogfish taken with roller trawl.
[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.]
(((1) It is lawful
to take, fish for and possess)) Dogfish ((with)) set net gear
((as described below:
(a) Maximum four nets, per vessel each net having a length not to exceed 1,000 feet.
(b) Net depth must not exceed 25 meshes.
(c) Net mesh must not be less than 5 inches.
(d) Net web material must be no finer than 210/30 denier nylon which is regular seine thread size number 12, or 0.048 inches in diameter.
(e) Dogfish set net tags, issued by the department of fisheries for the current year must be affixed to buoys on each end of each net.
(2) Licensing: A dogfish set net fishery license is the license required to operate the gear provided for in this section)) may not be used in Puget Sound.
[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), § 220-48-028, filed 5/19/94, effective 6/19/94; 83-24-024 (Order 83-200), § 220-48-028, filed 11/30/83, effective 1/1/84; 82-14-056 (Order 82-72), § 220-48-028, filed 7/1/82.]
((It is lawful
to take, fish for and possess dogfish and other species of
bottomfish, except halibut, salmon and shellfish, taken with
dogfish set net gear for commercial purposes in the following))
All Puget Sound Marine Fish-Shellfish Management and Catch
Reporting Areas ((during the seasons designated below:
(1) Areas 20A and 20B - November 1 through June 15.
(2) Area 21A - March 1 through June 15.
(3) Areas 21B, 22A, 22B, 23A, and 23B - )) are closed all year.
(((4) Areas 23C and 23D - Open all year.
(5) Areas 24A, 24B, and 24D - Open all year.
(6) Area 24C - Open all year, except those waters south of a line projected due east of East Point on Whidbey Island are closed all year.
(7) Areas 25A, 25B and that portion of Area 25C west of a line from Twin Spits to the Port Gamble Millstack - Open all year.
(8) Area 25D and that portion of 25C east of line from Twin Spits to the Port Gamble Millstack - Closed all year.
(9) Area 25E - Closed all year except by permit issued by the director.
(10) Area 26A - Open all year, except those waters southerly and westerly of a line between the ferry dock at Mukilteo and the ferry dock at Clinton are closed all year.
(11) Area 26B - Open all year except those waters provided for in WAC 220-20-020(4) (Shilshole Bay) are closed at all times and those waters west of a line from Point Jefferson to Point Monroe are closed from January 1 to April 15. Those waters west of a line projected 178 degrees true from the end of the Indianola dock to the landfall on the south shore of Port Madison are closed at all times.
(12) Area 26C - Open April 16 through December 31, except those waters north of a line projected true east of Point Bolin and those waters west of a line projected 178 degrees true from the end of the Indianola dock to the landfall on the south shore of Port Madison are closed at all times.
(13) Area 26D - Open all year, except Quartermaster Harbor and those waters south of lines projected from Dash Point to Point Piner on Maury Island and from Point Dalco true west to the Kitsap Peninsula are closed all year.
(14) Areas 27A, 27B, and 27C - Open all year.
(15) Area 28A - Open all year, except those waters north of a line projected true east of Fox Point on Fox Island, and east of a line projected due north from the northwest tip of Fox Island are closed all year.
(16) Areas 28B, 28C, and 28D - Open all year except those waters provided for in WAC 220-20-010(6) (upper Carr Inlet).
(17) Area 29 - Open all year.))
[Statutory Authority: RCW 75.08.080. 91-13-051 (Order 91-39), § 220-48-029, filed 6/14/91, effective 7/15/91; 89-14-010 (Order 89-48), § 220-48-029, filed 6/22/89; 84-08-014 (Order 84-24), § 220-48-029, filed 3/27/84; 82-24-080 (Order 82-215), § 220-48-029, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), § 220-48-029, filed 7/1/82.]
(1) It is unlawful to take, fish for, and possess bottomfish in Puget Sound except with set line gear as described below:
(a) Hook size must not be smaller than size 7/0 for Kirby style hooks or size 8 for tuna circle style hooks.
(b) Gangions made of single strand monofilament synthetic material are unlawful.
(c) Set lines must be marked at the surface at each terminal end as described in WAC 220-20-010(5).
(d) It is unlawful to retain dogfish taken with set line gear.
(2) Licensing: A food fish set line fishery license is the license required to operate the gear provided for in this section.
[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), § 220-48-031, filed 5/19/94, effective 6/19/94; 84-08-014 (Order 84-24), § 220-48-031, filed 3/27/84; 83-24-024 (Order 83-200), § 220-48-031, filed 11/30/83, effective 1/1/84; 82-14-056 (Order 82-72), § 220-48-031, filed 7/1/82.]
It is lawful to take,
fish for, and possess ((dogfish and other)) bottomfish except
dogfish with set lines in all Marine Fish-Shellfish Management
and Catch Reporting Areas the entire year except as follows:
(1) That portion of Area 26C north of a line projected due east from Point Bolin to Bainbridge Island is closed all year.
(2) That portion of Area 26D south of lines projected due west of Point Dalco on Vashon Island, and from Dash Point to Point Piner on Maury Island, is closed all year.
(3) That portion of Area 28A east of a line projected due north from the northwest tip of Fox Island, and north of a line projected due east from Fox Point on Fox Island is closed all year.
(4) Those waters provided for in WAC 220-20-010(6) and 220-20-020(4).
(5) The cumulative weight of rockfish and lingcod shall not exceed 30 pounds for any vessel trip in all open Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.
[Statutory Authority: RCW 75.08.080. 98-05-043, § 220-48-032, filed 2/11/98, effective 3/14/98; 87-04-003 (Order 87-03), § 220-48-032, filed 1/22/87; 82-24-080 (Order 82-215), § 220-48-032, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), § 220-48-032, filed 7/1/82.]
(1) It is lawful to take, fish for, and possess bottomfish, except dogfish and unless otherwise provided, with drag seine or beach seine gear as described below:
(a) Seines must not be longer than 350 feet in length.
(b) Net mesh must not be smaller than 1/2 inch stretch measure.
(2) Licensing: A food fish drag seine fishery license is the license required to operate the gear provided for in this section.
[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), § 220-48-061, filed 5/19/94, effective 6/19/94; 82-14-056 (Order 82-72), § 220-48-061, filed 7/1/82.]
(1) It shall be unlawful to take, fish for, and possess bottomfish for commercial purposes with bottomfish pot gear as described in WAC 220-16-145, except in the following Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas during the seasons designated below:
(a) Areas 20A, 21A, 21B, 23A, and 23B - Open April 15 through November 30.
(b) Areas 23C and 23D - Open December 1 through April 14.
(c) All other areas are closed the entire year, except by permit from the director.
(d) It is unlawful to retain dogfish taken with bottomfish pot gear.
(2) Licensing: A bottomfish pot fishery license is the license required to operate the gear provided for in this section.
[Statutory Authority: RCW 75.08.080. 98-05-043, § 220-48-071, filed 2/11/98, effective 3/14/98; 94-12-009 (Order 94-23), § 220-48-071, filed 5/19/94, effective 6/19/94; 84-08-014 (Order 84-24), § 220-48-071, filed 3/27/84; 82-24-080 (Order 82-215), § 220-48-071, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), § 220-48-071, filed 7/1/82.]