WAC 220-44-030
Coastal bottomfish gear. (1)(a) 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 violation of gear
requirements published in the Code of Federal Regulations
(CFR), Title 50, Part 660, Subpart G. This subpart provides
requirements for commercial groundfish fishing in the Pacific
Ocean. Additional regulations may be listed in the Federal
Register, and these override the CFR if there are any
inconsistencies. Prior to using coastal bottomfish gear, a
person must consult both the Federal Register and the CFR. This chapter, chapter 220-44 WAC, adopts the federal
regulations imposed by the CFR and the Federal Register, and
it incorporates those regulations by reference. Where rules
refer to the fishery management area, that area is extended to
include Washington state waters coterminous with the Exclusive
Economic Zone. A copy of the federal rules may be obtained by
contacting Lori Preuss at 360-902-2930, or going on the
internet at www.pcouncil.org. State regulations may apply
that are more restrictive than federal regulations.
(b) Violation of this subsection is a gross misdemeanor,
punishable under RCW 77.15.520.
(2) 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. Sweep lines,
including the bottom leg of the bridle, must be bare.
(d) It is unlawful to use or operate a pelagic trawl net
unless bare rope or webbing with an individual mesh size no
smaller than 16 inches completely encircles the net
immediately behind the footrope or headrope for at least 20
feet. A band of mesh may encircle the net under transfer
cables, or lifting or splitting straps (chokers), but the band
must be: Over riblines and restraining straps; of the same
mesh size, and coincide knot-to-knot with the net to which it
is attached; and no wider than 16 meshes.
(e) It is unlawful to use or operate a trawl net that has
chafing gear encircling 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 body 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 rib lines 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 cod ends 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-1, 59A-2, 59B, 60A-1,
and 60A-2, and that portion of Area 58B within the Exclusive
Economic Zone.
(h) Violation of licensing requirements under this
subsection is punishable pursuant to RCW 77.15.500.
(i) Violation of gear requirements under this subsection
is punishable pursuant to RCW 77.15.520.
(3) Set lines.
(a) It is unlawful for the operator of set lines to leave
such gear unattended, unless the following requirements are
met:
(i) Gear must be marked with a buoy. The buoy must have
affixed to it in a visible and legible manner a
department-approved and registered buoy brand issued to the
licensee. Set lines must also be marked at the surface at
each terminal end with a pole and flag, light, and radar
reflector.
(ii) Buoys affixed to unattended gear must be visible on
the surface of the water except during strong tidal flow or
extreme weather conditions.
(iii) Set lines must be attended to no less than every
seven days.
(b) Licensing: A food fish set line fishery license is
the license required to operate the gear provided for in this
section.
(c) Violation of licensing requirements under this
subsection is punishable pursuant to RCW 77.15.500.
(4) Bottomfish pots.
(a) It is unlawful for the operator of bottomfish pots to
leave such gear unattended, unless unless the following requirements are met:
(i) Gear must be marked with a buoy. The buoy must have
affixed to it, in a visible and legible manner, a
department-approved and registered buoy brand issued to the
licensee.
(ii) Bottomfish pots laid on a ground line must be marked
at the surface with a pole and a flag, light, and radar
reflector at each terminal end.
(iii) Buoys affixed to unattended gear must be visible on
the surface of the water except during strong tidal flow or
extreme weather conditions.
(iv) Bottomfish pots must be attended to no less than
every seven days.
(b) Licensing: A bottomfish pot fishery license is the
license required to operate the gear provided for in this
section.
(c) Violation of licensing requirements under this
subsection is punishable pursuant to RCW 77.15.500.
(5) Commercial jig gear.
(a) Licensing: A bottomfish jig fishery license is the
license required to operate the gear provided for in this
section.
(b) Violation of licensing requirements under this
subsection is punishable pursuant to RCW 77.15.500.
(6) Troll lines.
(a) Licensing: A bottomfish troll fishery license is the
license required to operate the gear provided for in this
section.
(b) Violation of licensing requirements under this
subsection is punishable pursuant to RCW 77.15.500.
[Statutory Authority: RCW 77.12.047. 07-23-002 (Order
07-279), § 220-44-030, filed 11/7/07, effective 12/8/07;
01-02-060 (Order 00-266), § 220-44-030, filed 12/29/00,
effective 1/29/01. 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.]