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State
Washington Regulations
Chapter 220-88C WAC Coastal pilchard fishery

Last Update: 4/3/06


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220-88C-010
Emerging commercial fishery — Coastal pilchard fishery.
The purpose of this chapter is to establish the coastal pilchard fishery as an emerging commercial fishery.



[Statutory Authority: RCW 77.12.047. 01-07-016 (Order 01-36), § 220-88C-010, filed 3/13/01, effective 4/13/01.]




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220-88C-020
Designation of the coastal pilchard fishery as an emerging commercial fishery.
(1) The director designates the coastal pilchard fishery as an emerging commercial fishery for which use of a vessel is required. It is unlawful for any person to fish for, possess, or deliver pilchard taken from Washington waters west of the Bonilla-Tatoosh line or from the waters of the Exclusive Economic Zone unless the fisher has a valid emerging commercial fishery license and a valid coastal pilchard experimental fishery permit, or except as otherwise provided.

(2) The following fishery licenses may not be used to take pilchard from Washington waters west of the Bonilla-Tatoosh line or from the waters of the Exclusive Economic Zone: Baitfish lampara; baitfish purse seine; Columbia River smelt; food fish trawl -- non-Puget Sound; herring dip bag net; herring gill net; herring lampara; herring purse seine; smelt dip bag net; smelt gill net, except as provided for in chapter 220-44 WAC.

(3) Pilchard taken from Washington waters west of the Bonilla-Tatoosh line or from the waters of the Exclusive Economic Zone may not be delivered into a Washington port under a nonlimited entry delivery license, and may not be delivered under the licenses provided for in RCW 77.65.210.



[Statutory Authority: RCW 77.12.047. 03-13-002 (Order 03-111), § 220-88C-020, filed 6/4/03, effective 7/5/03; 01-07-016 (Order 01-36), § 220-88C-020, filed 3/13/01, effective 4/13/01.]




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220-88C-030
Eligibility to participate in the coastal pilchard fishery.
(1) Beginning in 2007, a coastal pilchard experimental fishery permit will be issued only to a natural person who:

(a) Held such a permit or held a replacement permit the previous year;

(b) Can demonstrate by valid Washington fish receiving tickets that at least forty metric tons cumulative weight of pilchard taken from Pacific Ocean waters were landed under the person's emerging commercial fishery license during the previous two calendar years;

(c) Has purchased an emerging commercial fisheries license by April 1st; and

(d) Has an ownership interest of at least fifty percent in the vessel designated on the emerging commercial fishery license.

(2) Coastal pilchard experimental fishery permits may be revoked by the director, and future permits denied by the director, for failure to comply with conditions specified in the permits or violation of other commercial fishing rules, and shall be revoked if the emerging commercial fishery license is suspended. A coastal pilchard experimental fishery permit will not be renewed if the emerging commercial fishery license is revoked or future fishing privileges of the licensee are suspended.

(3) The director may offer replacement permits, provided that the total number of permits issued by the director, including replacement permits, shall not exceed twenty-five.

(4) A coastal pilchard replacement permit will only be issued to a natural person who:

(a) Has an ownership interest of at least fifty percent in a vessel that was designated on a Washington coastal pilchard experimental fishery permit in 2004 or 2005;

(b) Landed a minimum of 40 mt cumulative weight of pilchard into Washington using the designated vessel referenced in (a) of this subsection in 2004 and 2005; and

(c) Has purchased an emerging commercial fisheries license by August 1, 2006.

(5) Coastal pilchard experimental fishery permits and replacement permits are only valid for the year issued and expire with the expiration of the emerging commercial fishery license.

(6) Replacement permit holders must designate a vessel in which the replacement permit holder has an ownership interest of at least fifty percent.

(7) Permit holders must designate a vessel to be used in the coastal pilchard emerging commercial fishery at least forty-eight hours before their first pilchard fishing trip of each season. Once designated, permit holders may not change vessel designation for the remainder of the season, except as provided in subsection (8) of this section in an emergency and then only if allowed by the director. The same vessel may not be designated on more than one emerging commercial fishery license and accompanying coastal pilchard experimental fishery permit.

(8) Vessel designation may be changed during the pilchard season provided that the designated vessel has not yet participated in the pilchard fishery during the current calendar year.



[Statutory Authority: RCW 77.12.047. 06-08-078 (Order 06-59), § 220-88C-030, filed 4/3/06, effective 5/4/06; 05-08-056 (Order 05-53), § 220-88C-030, filed 3/30/05, effective 4/30/05; 04-10-035 (Order 04-94), § 220-88C-030, filed 4/29/04, effective 5/30/04; 03-13-002 (Order 03-111), § 220-88C-030, filed 6/4/03, effective 7/5/03; 01-07-016 (Order 01-36), § 220-88C-030, filed 3/13/01, effective 4/13/01.]




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220-88C-040
Coastal pilchard fishery — Seasons and lawful catch.
(1) The coastal pilchard fishery season is open to purse seine fishing April 1 through December 31 only. Fishing under an experimental commercial fishery permit for pilchard is closed within three miles of shore.

(2) It is unlawful to retain any species taken incidental to pilchard in the coastal pilchard fishery except anchovy, mackerel, and market squid (Logligo opalescens). Any salmon encircled in the purse seine must be released prior to completion of the set, and no salmon may be landed on the fishing vessel.

(3) It is unlawful to transfer pilchard catch from one fishing vessel to another.

(4) It is unlawful to fail to have legal purse seine gear aboard the vessel making a pilchard landing.

(5) It is unlawful to fail to deliver pilchard landings to a shoreside processing facility.

(6) It is unlawful to deliver more than fifteen percent cumulative weight of pilchard for the purposes of conversion into fish flour, fish meal, fish scrap, fertilizer, fish oil, other fishery products or by-products for purposes other than human consumption or fishing bait during a pilchard fishery season.

(7) Once a delivery has commenced at a processing plant, all fish onboard the vessel must be offloaded at that plant.



[Statutory Authority: RCW 77.12.047. 06-08-078 (Order 06-59), § 220-88C-040, filed 4/3/06, effective 5/4/06; 05-08-056 (Order 05-53), § 220-88C-040, filed 3/30/05, effective 4/30/05; 04-10-035 (Order 04-94), § 220-88C-040, filed 4/29/04, effective 5/30/04; 03-13-002 (Order 03-111), § 220-88C-040, filed 6/4/03, effective 7/5/03; 01-07-016 (Order 01-36), § 220-88C-040, filed 3/13/01, effective 4/13/01.]




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220-88C-050
Coastal pilchard fishery — Observer and sampler coverage, logbook requirements.
(1) As a condition of the experimental commercial fishery permit, participants in the coastal pilchard fishery are required to have on-board observers for any pilchard fishing effort at the request of the department.

(2) Up to 500 sardine per vessel trip may be retained by WDFW samplers for biological information.

(3) All persons who obtain an experimental commercial fishery permit, including replacement permits, for the coastal pilchard fishery must complete a department-issued logbook, and the logbook is required to be returned to the department by January 15th of the following year. Failure to submit the logbook will cause the person to be ineligible for a permit in the following season.



[Statutory Authority: RCW 77.12.047. 06-08-078 (Order 06-59), § 220-88C-050, filed 4/3/06, effective 5/4/06; 05-08-056 (Order 05-53), § 220-88C-050, filed 3/30/05, effective 4/30/05; 03-13-002 (Order 03-111), § 220-88C-050, filed 6/4/03, effective 7/5/03; 01-07-016 (Order 01-36), § 220-88C-050, filed 3/13/01, effective 4/13/01.]