I had an extended email conversation with WDFW LE staff and Michele Culver about the descender rule for the ocean fisheries. Larry B raised the issue of why it was stricken from the regular WAC process as that would have been much cleaner for all concerned.

The following is from part of the email thread with Ms. Culver:

"The PFMC is not going to impose the descender device rule on the ocean sport fleet as you suggest. As I explained in my e-mail on February 21st (below), the descender device rule was not included in WDFW’s recent rulemaking, but will be part of a subsequent rulemaking that will be filed closer to the implementation date (July 1st)."

"At the March PFMC meeting, we will be informing PFMC of our recent changes to the bottomfish regulations (i.e., reductions in bag limits for bottomfish and rockfish and removal of the 22” minimum size limit for lingcod), and our intent to have a subsequent rulemaking regarding the descender device requirement."

This is the reply from Deputy Chief Cenci as to how the state will now implement the rule for the ocean fisheries:

" because the rule is necessary to support federal fisheries management, we can do this outside of the Commission process. Rule making authority of this nature has been delegated to the Director. I don’t see any reason why it can’t be in the rec pamphlet as well. An emergency rule will be executed to get it into place for July 1. Thanks – Mike."