WSR 99-11-097

EXPEDITED ADOPTION

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed May 19, 1999, 10:52 a.m. ]

Title of Rule: Commercial fishing rules.

Purpose: Amend Puget Sound net rules for 1999 salmon season.

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: Sets 1999 Puget Sound salmon seasons.

Reasons Supporting Proposal: The salmon seasons are based on stock abundance projections and expected capture rates. Limitations are needed to protect stocks of concern, particularly chinook and coho. These rules are needed to allow commercial harvest while ensuring brood stock survival.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Bruce Crawford, 1111 Washington Street, Olympia, (360) 902-2325; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2927.

Name of Proponent: Washington State 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: WAC 220-47-302, deletes contrasting cork requirement, simplifies corkage. WAC 220-47-304, sets 1999 species seasons and eliminates unnecessary WAC section. WAC 220-47-307, clarifies closures in east San Juan Islands; WAC 220-47-311, sets purse seine season. WAC 220-47-325, requires brailing of salmon in purse seine fishery to reduce impact on nontargeted stocks. WAC 220-47-401, sets reef net season. WAC 220-47-410, editing change only. WAC 220-47-411, sets gill net season. WAC 220-47-427, reduces participation requirement. WAC 220-47-428, sets beach seine season. WAC 220-47-430, establishes log book requirement in Fraser River sockeye and pink species season in order to ascertain by-catch.

Proposal Changes the Following Existing Rules: Seasons and closed areas.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING 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 RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Evan Jacoby, Rules Coordinator, Washington State Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091 , AND RECEIVED BY July 17, 1999.


May 19, 1999

Evan Jacoby

Rules Coordinator

OTS-3102.3


AMENDATORY SECTION(Amending Order 97-124, filed 7/29/97, effective 8/29/97)

WAC 220-47-302
Puget Sound--Lawful gear--Gill net.

(1) Lawful drift gill net salmon gear in Puget Sound shall not exceed 1,800 feet in length nor contain meshes of a size less than 5 inches.  

(2) Lawful skiff gill net salmon nets in Puget Sound shall not exceed 300 feet in length and 90 meshes in depth nor contain meshes of a size less than 5 inches.  Nets must be retrieved by hand (no hydraulics may be used).   Nets must be attended by the fisher at all times.

(3) Drift gill nets and skiff gill nets shall be operated substantially in a straight line.  Circle setting or setting other than substantially in a straight line shall be unlawful.

(4) ((All gill net gear used in Puget Sound must have floats or corks of a contrasting color attached in 50-foot intervals along the corkline.

(5))) It shall be unlawful to take or fish for salmon with gill net gear beginning in 1998 in Areas 7 or 7A sockeye or pink fisheries unless said gill net gear is constructed so that the first 20 meshes below the corkline are composed of five-inch mesh white opaque minimum 210d/30 (#12) diameter nylon twine.

[Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), 220-47-302, filed 7/29/97, effective 8/29/97; 93-14-041 (Order 93-55), 220-47-302, filed 6/29/93, effective 7/30/93; 92-15-105 (Order 92-47), 220-47-302, filed 7/20/92, effective 8/20/92; Order 988, 220-47-302, filed 4/28/72.]


AMENDATORY SECTION(Amending Order 98-122, filed 7/15/98, effective 8/15/98)

WAC 220-47-304
Puget Sound--All citizen salmon species seasons and gill net mesh sizes.

((The following are Puget Sound all citizens salmon species seasons listed by area and species:


AREASPECIESDATE-RANGE

6D:COHO9/20-10/24
7,7A:FRASER SOCKEYE

CHUM

6/21

9/27

-

-

9/26

11/14

7B:CHINOOK

COHO

CHUM

8/9

9/6

10/25

-

-

-

9/5

10/24

12/12

7C:CHINOOK8/9-10/10
8:CHUM10/25-11/28
8A:CHUM10/18-11/28
8D:COHO

CHUM

9/20

11/8

-

-

11/7

12/19

9A:COHO9/13-10/31
10, 11:COHO

CHUM

9/6

10/11

-

-

10/10

11/28

12:CHUM10/18-11/20
12A:COHO8/30-10/10
12B:CHUM10/18-11/20
12C:CHUM10/25-11/27))

(1) The following are the 1999 Puget Sound all citizens salmon species seasons listed by area and species:


AREASPECIESDATE-RANGE

6D:

COHO

FRASER SOCKEYE

AND PINK

CHUM

9/19

6/26

9/26

-

-

-

10/23

9/25

11/13

7,7A:FRASER SOCKEYE

AND PINK CHUM

6/26

9/26

-

-

9/25

11/13

7B:CHINOOK

COHO

CHUM

8/8

9/5

10/24

-

-

-

9/4

10/23

12/11

7C:CHINOOK8/8-10/9
8:PINK

COHO

CHUM

8/22

8/29

10/24

-

-

-

9/18

10/23

11/27

8A:PINK

COHO

CHUM

8/8

9/5

10/17

-

-

-

9/11

10/16

11/27

8D:COHO

CHUM

9/19

11/7

-

-

11/6

12/18

9A:COHO9/19-10/30
10, 11:COHO

CHUM

9/5

10/10

-

-

10/9

11/27

12:COHO

CHUM

9/26

10/17

-

-

10/16

11/20

12A:COHO8/29-10/16
12B:COHO

CHUM

10/13

10/17

-

-

10/16

11/20

12C:CHUM10/31-11/27

(2) It is unlawful to fish for or possess salmon taken with gill net gear using mesh other than the mesh listed below for the species seasons set out in this section:


CHINOOK SEASON7 INCH MINIMUM MESH
COHO SEASON5 INCH MINIMUM MESH
PINK SEASON5 INCH MINIMUM MESH

5-1/2 INCH MAXIMUM MESH

AND IN SMCRA 8 - 60 MESH MAXIMUM DEPTH

CHUM SEASON6-1/4 INCH MINIMUM MESH
FRASER SOCKEYE5 INCH MINIMUM MESH

5-1/2 INCH MAXIMUM MESH

[Statutory Authority: RCW 75.08.080 and 77.12.040.  98-15-081 (Order 98-122), 220-47-304, filed 7/15/98, effective 8/15/98.  Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), 220-47-304, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), 220-47-304, filed 7/22/96, effective 8/22/96; 95-13-056 (Order 95-75), 220-47-304, filed 6/16/95, effective 7/17/95; 94-15-001 (Order 94-62), 220-47-304, filed 7/6/94, effective 8/6/94; 93-14-041 (Order 93-55), 220-47-304, filed 6/29/93, effective 7/30/93; 92-15-105 (Order 92-47), 220-47-304, filed 7/20/92, effective 8/20/92; 91-18-024 (Order 91-72), 220-47-304, filed 8/27/91, effective 9/27/91; 90-13-025 (Order 90-49), 220-47-304, filed 6/11/90, effective 7/12/90; Order 988, 220-47-304, filed 4/28/72.]


AMENDATORY SECTION(Amending Order 98-122, filed 7/15/98, effective 8/15/98)

WAC 220-47-307
Closed areas--Puget Sound salmon.

It is unlawful at any time, unless otherwise provided, to take, fish for, or possess salmon taken for commercial purposes with any type of gear from the following portions of Puget Sound Salmon Management and Catch Reporting Areas, except that closures listed in this section shall not apply to reef net fishing areas listed in RCW 75.12.140:

Areas 4B, 5, 6, 6B, and 6C - The Strait of Juan de Fuca Preserve as defined in WAC 220-47-266.

Area 6D - That portion within ((1,000 feet)) 1/4 mile of each mouth of the Dungeness River.  

Area 7 - (1) The San Juan Island Preserve as defined in WAC 220-47-262.

(2) Those waters within 1,500 feet of shore on Orcas Island from Deer Point northeasterly to Lawrence Point thence west to a point intercepting a line projected from the northernmost point of Jones Island thence 90 true to Orcas Island.

(3) Those waters within 1,500 feet of the shore of Cypress Island from Cypress Head to the northernmost point of Cypress Island.

(4) Those waters easterly of a line projected from Iceberg Point to Iceberg Island, to the easternmost point of Charles Island, then true north from the northernmost point of Charles Island to the shore of Lopez Island.

(5) Those waters northerly of a line projected from the southernmost point of land at Aleck Bay to the westernmost point of Colville Island, thence from the easternmost point of Colville Island to Point Colville.

(6) Those waters easterly of a line projected from Biz Point on Fidalgo Island to the Williamson Rocks Light, thence to the Dennis Shoal Light, thence to the light on the westernmost point of Burrows Island, thence to the southwesternmost point of Fidalgo Head, and including those waters within 1,500 feet of the western shore of Allan Island, those waters within 1,500 feet of the western shore of Burrows Island, and those waters within 1,500 feet of the shore of Fidalgo Island from the southwesternmost point of Fidalgo Head northerly to Shannon Point.

(7) Additional Fraser sockeye and pink seasonal closure:

Those waters within 1,500 feet of the shore of Fidalgo Island from the Initiative 77 marker northerly to Biz Point((, those waters easterly of a line projected from Biz Point on Fidalgo Island to the Williamson Rocks light, thence to the Dennis Shoal Light, thence to the light on the westernmost point of Burrows Island, thence to the southwesternmost point of Fidalgo Island, those waters within 1,500 feet of the western shore of Allan Island, those waters within 1,500 feet of the western shore of Burrows Island, and those waters within 1,500 feet of the shore of Fidalgo Island from Fidalgo Head northerly to Shannon Point)).

(((7))) (8) Those waters within 1,500 feet of the eastern shore of Lopez Island from Point Colville northerly to Lopez Pass, and those waters within 1,500 feet of the eastern shore of Decatur Island from the southernmost point of land northerly to Fauntleroy Point((.

(8))), and including those waters within 1,500 feet of the shore of James Island.

Area 7A - The Drayton Harbor Preserve as defined in WAC 220-47-252.

Area 7B - That portion south and east of a line from William Point on Samish Island to Saddlebag Island to the southeastern tip of Guemes Island, and that portion northerly of the railroad trestle in Chuckanut Bay.

Area 7C - That portion southeasterly of a line projected from the mouth of Oyster Creek 237 true to a fishing boundary marker on Samish Island.

Area 8 - (1) That portion of Skagit Bay easterly of a line projected from Brown Point on Camano Island to a white monument on the easterly point of Ika Island, thence across the Skagit River to the terminus of the jetty with McGlinn Island.

(2) Those waters within 1,500 feet of the western shore of Camano Island south of a line projected true west from Rocky Point.

Area 8A - (1) Those waters easterly of a line projected from Mission Point to Buoy C1, excluding the waters of Area 8D, thence through the green light at the entrance jetty of the Snohomish River and across the mouth of the Snohomish River to landfall on the eastern shore, and those waters northerly of a line from Camano Head to the northern boundary of Area 8D.

(2) Additional pink seasonal closure: Those waters southerly of a line projected from Randall Point 132 degrees true to the base of the fuel dock at the Mukilteo tank farm.

Area 9 - Those waters lying inside and westerly of a line projected from the Point No Point light to Sierra Echo buoy thence to Forbes Landing wharf, east of Hansville.

Area 10 - (1) Those waters easterly of a line projected from Meadow Point to West Point.

(2) Those waters of Port Madison northwest of a line from the Agate Pass entrance light to the light on the end of the Indianola dock.

(3) Additional coho seasonal closure: Those waters of Elliott Bay east of a line from Alki Point to the light at Fourmile Rock and those waters northerly of a line projected from Point Wells to "SF" Buoy then west to President's Point.

Area 10E - Those waters of Liberty Bay north of a line projected due east from the southernmost Keyport dock, those waters of Dyes Inlet north of the Manette Bridge, and those waters of Sinclair Inlet southwest of a line projected true east from the Bremerton ferry terminal.

Area 11 - (1) Those waters northerly of a line projected true west from the light at the mouth of Gig Harbor and those waters south of a line from Browns Point to the northernmost point of land on Point Defiance.

(2) Additional coho seasonal closure: Those waters south of a line projected from the light at the mouth of Gig Harbor to the Tahlequah ferry dock then south to the Point Defiance ferry dock, and those waters south of a line projected from the Point Defiance ferry dock to Dash Point.

Area 12 - Those waters inside and easterly of a line projected from Lone Rock to the navigation light off Big Beef Creek, thence southerly to the tip of the outermost northern headland of Little Beef Creek.

Area 12A - Those waters north of a line projected due east from Broad Spit.

Area 12B - Those waters within 1/4 mile of the mouths of the Dosewallips, Duckabush, and Hamma Hamma rivers and Anderson Creek.

Areas 12, 12A, and 12B - Additional chinook seasonal closure: Those waters north and east of a line projected from Tekiu Point to Triton Head.

Areas 12, 12B and 12C - Those waters within 1,000 feet of the eastern shore.

Area 12C - (1) Those waters within 2,000 feet of the western shore between the dock at Glen Ayr R.V. Park and the Hoodsport marina dock.

(2) Those waters south of a line projected from the Cushman Powerhouse to the public boat ramp at Union.

(3) Those waters within 1/4 mile of the mouth of the Dewatto River.

Areas 12 and 12D - Additional coho and chum seasonal closure: Those waters of Area 12 south and west of a line projected 94 degrees true from Hazel Point to the light on the opposite shore, bounded on the west by the Area 12/12B boundary line, and those waters of Area 12D.

Area 13A - Those waters of Burley Lagoon north of State Route 302, those waters within 1,000 feet of the outer oyster stakes off Minter Creek Bay including all waters of Minter Creek Bay, those waters westerly of a line drawn due north from Thompson Spit at the mouth of Glen Cove, and those waters within 1/4 mile of Green Point.

[Statutory Authority: RCW 75.08.080 and 77.12.040.  98-15-081 (Order 98-122), 220-47-307, filed 7/15/98, effective 8/15/98.  Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), 220-47-307, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), 220-47-307, filed 7/22/96, effective 8/22/96; 95-13-056 (Order 95-75), 220-47-307, filed 6/16/95, effective 7/17/95; 94-15-001 (Order 94-62), 220-47-307, filed 7/6/94, effective 8/6/94; 92-15-105 (Order 92-47), 220-47-307, filed 7/20/92, effective 8/20/92; 91-18-024 (Order 91-72), 220-47-307, filed 8/27/91, effective 9/27/91; 90-13-025 (Order 90-49), 220-47-307, filed 6/11/90, effective 7/12/90; 88-14-133 (Order 88-48), 220-47-307, filed 7/6/88; 85-13-032 (Order 85-60), 220-47-307, filed 6/12/85; 84-13-078 (Order 84-53), 220-47-307, filed 6/21/84; 83-14-020 (Order 83-57), 220-47-307, filed 6/28/83; 82-15-040 (Order 82-83), 220-47-307, filed 7/15/82; 81-18-017 (Order 81-101), 220-47-307, filed 8/25/81; 80-10-058 (Order 80-83), 220-47-307, filed 8/6/80.]


AMENDATORY SECTION(Amending Order 98-122, filed 7/15/98, effective 8/15/98)

WAC 220-47-311
Purse seine--Open periods.

During ((1997)) 1999, it is unlawful to take, fish for or possess salmon taken with purse seine gear for commercial purposes from Puget Sound except in the following designated Puget Sound Salmon Management and Catch Reporting Areas during the periods provided for hereinafter in each respective Management and Catch Reporting Area:


((AREATIME DATETIMEDATE

7, 7A:7AM-6PM10/20, 10/26
7AM-5PM 11/04, 11/05, 11/09,

11/10, 11/11, 11/12

7B:6AM9/08-4PM 9/11
6AM9/14-4PM 9/18
6AM9/20-4PM 10/31
6AM11/02-4PM 11/06
6AM11/09-4PM 11/13
6AM11/16-4PM 11/20
6AM11/23-4PM 11/27
6AM11/30-4PM 12/04
6AM12/07-4PM 12/11
8:7AM-6PM 10/26
7AM-5PM11/03, 11/09,

11/17, 11/23

8A:7AM-6PM10/21, 10/22,

10/26, 10/27

7AM-5PM 11/04, 11/05,

11/09, 11/10,

11/18, 11/19,

11/23, 11/24,

11/25, 11/30,

12/01

8D:7AM-7PM9/21, 9/22,

9/23, 9/24,

9/29, 9/30,

10/01, 10/02,

10/05, 10/06,

10/07, 10/08,

10/13, 10/14,

10/15, 10/16,

7AM-6PM10/21, 10/22,

10/26, 10/27

7AM-5PM 11/04, 11/05,

11/09, 11/10,

11/18, 11/19,

11/23, 11/24,

11/25, 11/30,

12/01

10, 11:7AM-6PM10/26
7AM-5PM11/03, 11/04,

11/09, 11/17, 11/23

12, 12B:7AM-6PM10/20, 10/26
7AM-5PM 11/04, 11/05,

11/09, 11/10,

11/17

12C:7AM-5PM11/17, 11/23))


AREATIME DATETIMEDATE

7, 7A:7AM-6PM10/19, 10/25
7AM-5PM11/3, 11/4, 11/8,

11/9, 11/10, 11/11

7B:6AM9/7-4PM 9/9
6AM9/13-4PM9/15
6AM9/19-4PM10/23
6AM10/25-4PM10/29
6AM11/1-4PM11/5
6AM11/8-4PM11/12
6AM11/15-4PM11/19
6AM11/22-4PM11/26
6AM11/29-4PM12/3
6AM12/6-4PM12/10
8:7AM-6PM10/25
7AM-5PM11/2, 11/8,

11/16, 11/22

8A:5AM-9PM8/24, 8/30
7AM-7PM10/11
7AM-6PM10/20, 10/21,

10/25, 10/26

7AM-5PM11/3, 11/4,

11/8, 11/9,

11/17, 11/18,

11/22, 11/23,

11/24

8D:7AM-7PM9/21, 9/22,

9/23, 9/28,

9/29, 9/30,

10/4, 10/5,

10/6, 10/7,

10/11

7AM-6PM10/20, 10/21,

10/25, 10/26

7AM-5PM11/3, 11/4,

11/8, 11/9,

11/17, 11/18,

11/22, 11/23,

11/24

10, 11:7AM-6PM10/19, 10/25
7AM-5PM11/2, 11/3,

11/8, 11/16

12, 12B:7AM-6PM10/19, 10/25
7AM-5PM11/3, 11/4,

11/8, 11/9,

11/16

12C:7AM-5PM11/16, 11/22

It is unlawful to retain chinook salmon taken with purse seine gear.  It is unlawful to retain coho salmon taken with purse seine gear in Areas 7 and 7A. It is unlawful to retain chum salmon taken with purse seine gear in Areas 7 and 7A prior to October 1. All other saltwater and freshwater areas - closed.

[Statutory Authority: RCW 75.08.080 and 77.12.040.  98-15-081 (Order 98-122), 220-47-311, filed 7/15/98, effective 8/15/98.  Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), 220-47-311, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), 220-47-311, filed 7/22/96, effective 8/22/96; 95-13-056 (Order 95-75), 220-47-311, filed 6/16/95, effective 7/17/95; 94-15-001 (Order 94-62), 220-47-311, filed 7/6/94, effective 8/6/94; 93-14-041 (Order 93-55), 220-47-311, filed 6/29/93, effective 7/30/93; 92-15-105 (Order 92-47), 220-47-311, filed 7/20/92, effective 8/20/92; 91-18-024 (Order 91-72), 220-47-311, filed 8/27/91, effective 9/27/91; 90-13-025 (Order 90-49), 220-47-311, filed 6/11/90, effective 7/12/90; 89-13-004 (Order 89-44), 220-47-311, filed 6/8/89; 88-14-133 (Order 88-48), 220-47-311, filed 7/6/88; 87-15-059 (Order 87-72), 220-47-311, filed 7/14/87; 86-13-038 (Order 86-46), 220-47-311, filed 6/12/86; 85-13-032 (Order 85-60), 220-47-311, filed 6/12/85; 84-13-078 (Order 84-53), 220-47-311, filed 6/21/84; 83-14-020 (Order 83-57), 220-47-311, filed 6/28/83; 82-15-040 (Order 82-83), 220-47-311, filed 7/15/82; 81-18-017 (Order 81-101), 220-47-311, filed 8/25/81; 80-10-058 (Order 80-83), 220-47-311, filed 8/6/80; 78-05-018 (Order 78-16), 220-47-311, filed 4/13/78; Order 77-66, 220-47-311, filed 8/5/77; Order 77-14, 220-47-311, filed 4/15/77; Order 76-41, 220-47-311, filed 6/4/76; Order 1251, 220-47-311, filed 8/18/75; Order 1210, 220-47-311, filed 5/26/75; Order 1143, 220-47-311, filed 8/8/74; Order 1125, 220-47-311, filed 6/6/74; Order 1066, 220-47-311, filed 7/19/73; Order 1057, 220-47-311, filed 5/22/73; Order 988, 220-47-311, filed 4/28/72.]


AMENDATORY SECTION(Amending Order 97-124, filed 7/29/97, effective 8/29/97)

WAC 220-47-325
Purse seine--Release of incidentally caught fish.

(1) It is unlawful for any purse seine vessel operator landing salmon to land salmon directly into the hold.  All salmon must be landed to the deck, or sorting tray or table, of the harvesting vessel with the hold hatch cover(s) closed until release of salmon that may not be retained is complete and additionally:

(2) During Fraser sockeye and pink salmon species seasons in Areas 7 and 7A, it is unlawful for any purse seine vessel operator to bring salmon aboard a vessel unless all salmon captured in the seine net are removed from the seine net using a brailer or dip net meeting the specifications in this section prior to the seine net being removed from the water.

(3) The brailer shall be constructed in the following manner and with the following specifications:

(a) A bag of web hung on a rigid hoop attached to a handle;

(b) The bag shall be opened by releasing a line running through rings attached to the bottom of the bag;

(c) The hoop:

(i) If formed in a circle, shall have a maximum inside diameter of 122 cm (48 inches); or

(ii) If in a shape other than a circle, shall have a maximum inside circumference of 381 cm (150 inches);

(d) The web shall be of soft knotless construction and the mesh size may not exceed 57 mm (2.25 inches) measured along two contiguous sides of a single mesh; and

(e) The maximum distance from the top of the hoop to the bottom of the web when in an open condition shall not exceed 148 cm (58 inches).

(4) Hand held dip nets shall be constructed of a shallow bag of soft, knotless web attached to a handle.

[Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), 220-47-325, filed 7/29/97, effective 8/29/97.]


AMENDATORY SECTION(Amending Order 98-122, filed 7/15/98, effective 8/15/98)

WAC 220-47-401
Reef net open periods.

During ((1997)) 1999, it is unlawful to take, fish for or possess salmon taken with reef net gear for commercial purposes in Puget Sound except in the following designated Puget Sound Salmon Management and Catch Reporting Areas, during the periods provided for hereinafter in each respective area:


AREATIME-DATE(S)
7,7A7AM - 7PM Daily((DAILY9/7 - 9/11
9/14 - 9/18
9/21 - 9/25
9/28 - 10/2
10/5 - 10/9
10/12 - 10/16
10/19 - 10/23
10/26 - 10/30
11/2 - 11/6
11/9 - 11/13))
9/12 through 11/13

It is unlawful to retain chinook salmon taken with reef net gear. It is unlawful to retain coho salmon taken with reef net gear while the Fraser River Panel of the Pacific Salmon Commission maintains regulatory control of fisheries in Area 7. It is unlawful to retain chum salmon taken with reef net gear prior to October 1. All other saltwater and freshwater areas - closed.

[Statutory Authority: RCW 75.08.080 and 77.12.040.  98-15-081 (Order 98-122), 220-47-401, filed 7/15/98, effective 8/15/98.  Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), 220-47-401, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), 220-47-401, filed 7/22/96, effective 8/22/96; 95-13-056 (Order 95-75), 220-47-401, filed 6/16/95, effective 7/17/95; 94-15-001 (Order 94-62), 220-47-401, filed 7/6/94, effective 8/6/94; 93-14-041 (Order 93-55), 220-47-401, filed 6/29/93, effective 7/30/93; 92-15-105 (Order 92-47), 220-47-401, filed 7/20/92, effective 8/20/92; 91-18-024 (Order 91-72), 220-47-401, filed 8/27/91, effective 9/27/91; 90-13-025 (Order 90-49), 220-47-401, filed 6/11/90, effective 7/12/90; 89-13-004 (Order 89-44), 220-47-401, filed 6/8/89; 88-14-133 (Order 88-48), 220-47-401, filed 7/6/88; 87-15-059 (Order 87-72), 220-47-401, filed 7/14/87; 86-13-038 (Order 86-46), 220-47-401, filed 6/12/86; 81-18-017 (Order 81-101), 220-47-401, filed 8/25/81; 80-10-058 (Order 80-83), 220-47-401, filed 8/6/80; 78-05-018 (Order 78-16), 220-47-401, filed 4/13/78; Order 77-66, 220-47-401, filed 8/5/77; Order 77-14, 220-47-401, filed 4/15/77; Order 76-41, 220-47-401, filed 6/4/76; Order 1210, 220-47-401, filed 5/26/75; Order 1143, 220-47-401, filed 8/8/74; Order 1125, 220-47-401, filed 6/6/74; Order 1066, 220-47-401, filed 7/19/73; Order 1057, 220-47-401, filed 5/22/73; Order 988, 220-47-401, filed 4/28/72.]


AMENDATORY SECTION(Amending Order 98-122, filed 7/15/98, effective 8/15/98)

WAC 220-47-410
Gill net--Daily hours.

It ((shall be)) is unlawful to take or fish ((for sockeye or pink salmon)) during the Fraser sockeye and pink salmon species seasons in Areas 7 or 7A with gill net gear from 12:00 midnight to 1.5 hours after sunrise.

[Statutory Authority: RCW 75.08.080 and 77.12.040.  98-15-081 (Order 98-122), 220-47-410, filed 7/15/98, effective 8/15/98.  Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), 220-47-410, filed 7/29/97, effective 8/29/97.]


AMENDATORY SECTION(Amending Order 98-122, filed 7/15/98, effective 8/15/98)

WAC 220-47-411
Gill net--Open periods.

During ((1997)) 1999, it is unlawful to take, fish for or possess salmon taken with gill net gear for commercial purposes from Puget Sound except in the following designated Puget Sound Salmon Management and Catch Reporting Areas during the seasons provided for hereinafter in each respective fishing area:


((AREA
TIME
-
DATE(S)
6D:7AM - 7PM Daily9/21 - 9/25

9/28 - 10/2

10/5 - 10/9

10/12 - 10/16

10/19 - 10/23


Note:Area 6D skiff gill net only. It is unlawful to retain chinook, pink, or chum salmon in Area 6D.
7,7A:7AM - 7PM10/19
7AM - 6PM10/27, 11/2, 11/3, 11/9, 11/10, 11/11, 11/12
7B:7PM - 9AMNIGHTLY 8/17, 8/24, 8/31
6AM 9/8-4PM 9/11
6AM9/14-4PM9/18
6AM9/20-4PM10/31
6AM11/2-4PM11/6
6AM11/9-4PM11/13
6AM11/16-4PM11/20
6AM11/23-4PM11/27
6AM11/30-4PM12/4
6AM
12/7
-4PM
12/11
7C:7PM - 9AMNIGHTLY 8/17, 8/24, 8/31
8:7AM - 6PM10/27, 11/2, 11/10, 11/16
7AM - 5PM11/24
8A:7AM - 7PM10/19, 10/20
7AM - 6PM10/28, 10/29, 11/2, 11/3, 11/11, 11/12, 11/16, 11/17
7AM - 5PM
11/23, 11/24, 11/25, 12/2, 12/3
8D:6PM - 8AMNIGHTLY 9/21 - 9/24

9/28 - 10/1

10/5 - 10/8

10/12 - 10/15

7AM - 7PM10/19, 10/20
7AM - 6PM10/28, 10/29, 11/2, 11/3, 11/11, 11/12, 11/16, 11/17
7AM - 5PM
11/23, 11/24, 11/25, 12/2, 12/3
9A:
6AM
9/13 through
4PM
10/31
10, 11:5PM - 8AM10/26, 10/27
4PM - 8AM
NIGHTLY 11/2, 11/3, 11/9, 11/16, 11/23
12, 12B:7AM - 7PM10/19
7AM - 6PM10/27, 11/2, 11/3, 11/11, 11/12, 11/16
12C:7AM - 6PM11/16
7AM - 5PM11/24
All other saltwater and freshwater areas - closed.
Nightly openings refer to the start date.))

AREATIME-DATE(S)
6D:7AM-7PM9/20, 9/21, 9/22, 9/23, 9/24, 9/27, 9/28, 9/29, 9/30, 10/1, 10/4, 10/5, 10/6, 10/7, 10/8, 10/11, 10/12, 10/13, 10/14, 10/15, 10/18, 10/19, 10/20, 10/21, 10/22

Note: Area 6D skiff gill net only, using 5-inch minimum and 5 1/2-inch maximum mesh. It is unlawful to retain chinook or pink salmon taken in Area 6D at any time, or any chum salmon taken in Area 6D prior to October 16. In Area 6D, any chinook or pink salmon captured at any time, or any chum salmon captured prior to October 16, must be removed from the net by cutting the meshes ensnaring the fish.
7,7A:7AM-8PM10/18, 10/26, 11/1, 11/2, 11/8, 11/9, 11/10, 11/11
7B:7PM-9AMNIGHTLY8/16, 8/23, 8/24, 8/30, 8/31
6AM9/7-4PM9/9
6AM9/13-4PM9/15
6AM9/19-4PM10/23
6AM10/25-4PM10/29
6AM11/1-4PM11/5
6AM11/8-4PM11/12
6AM11/15-4PM11/19
6AM11/22-4PM11/26
6AM11/29-4PM12/3
6AM12/6-4PM12/10
7C:7PM-9AMNIGHTLY8/16, 8/23, 8/24, 8/30, 8/31
8:6AM-11PM8/24, 8/30
7AM-8PM10/26, 11/1, 11/9, 11/15, 11/23
8A:6AM-11PM8/23, 8/31
7AM-8PM10/12, 10/18, 10/19, 10/27, 10/28, 11/1, 11/2, 11/10, 11/11, 11/15, 11/16, 11/22, 11/23, 11/24
8D:6PM-8AMNIGHTLY9/20, 9/21, 9/22, 9/27, 9/28, 9/29, 10/4, 10/5, 10/6, 10/7
7AM-8PM10/12, 10/18, 10/19, 10/27, 10/28, 11/1, 11/2, 11/10, 11/11, 11/15, 11/16, 11/22, 11/23, 11/24
9A:6AM9/19through4PM10/30
10, 11:5PM-8AMNIGHTLY10/18, 10/25
4PM-8AMNIGHTLY11/1, 11/2, 11/8, 11/15
12, 12B:7AM-8PM10/18, 10/26, 11/1, 11/2, 11/10, 11/11, 11/15
12C:7AM-8PM11/15, 11/23
All other saltwater and freshwater areas - closed.
Nightly openings refer to the start date.

[Statutory Authority: RCW 75.08.080 and 77.12.040.  98-15-081 (Order 98-122), 220-47-411, filed 7/15/98, effective 8/15/98.  Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), 220-47-411, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), 220-47-411, filed 7/22/96, effective 8/22/96; 95-13-056 (Order 95-75), 220-47-411, filed 6/16/95, effective 7/17/95; 94-15-001 (Order 94-62), 220-47-411, filed 7/6/94, effective 8/6/94; 93-14-041 (Order 93-55), 220-47-411, filed 6/29/93, effective 7/30/93; 92-15-105 (Order 92-47), 220-47-411, filed 7/20/92, effective 8/20/92; 91-18-024 (Order 91-72), 220-47-411, filed 8/27/91, effective 9/27/91; 90-13-025 (Order 90-49), 220-47-411, filed 6/11/90, effective 7/12/90; 89-13-004 (Order 89-44), 220-47-411, filed 6/8/89; 88-14-133 (Order 88-48), 220-47-411, filed 7/6/88; 87-15-059 (Order 87-72), 220-47-411, filed 7/14/87; 86-13-038 (Order 86-46), 220-47-411, filed 6/12/86; 85-13-032 (Order 85-60), 220-47-411, filed 6/12/85; 84-13-078 (Order 84-53), 220-47-411, filed 6/21/84; 83-14-020 (Order 83-57), 220-47-411, filed 6/28/83; 82-15-040 (Order 82-83), 220-47-411, filed 7/15/82; 81-18-017 (Order 81-101), 220-47-411, filed 8/25/81; 80-10-058 (Order 80-83), 220-47-411, filed 8/6/80; 78-05-018 (Order 78-16), 220-47-411, filed 4/13/78; Order 77-66, 220-47-411, filed 8/5/77; Order 77-14, 220-47-411, filed 4/15/77; Order 76-41, 220-47-411, filed 6/4/76; Order 1251, 220-47-411, filed 8/18/75; Order 1210, 220-47-411, filed 5/26/75; Order 1143, 220-47-411, filed 8/8/74; Order 1125, 220-47-411, filed 6/6/74; Order 1066, 220-47-411, filed 7/19/73; Order 1057, 220-47-411, filed 5/22/73; Order 988, 220-47-411, filed 4/28/72.]


AMENDATORY SECTION(Amending Order 98-122, filed 7/15/98, effective 8/15/98)

WAC 220-47-427
Puget Sound--Beach seine--Emerging commercial fishery--Eligibility--Lawful gear.

(1) The Puget Sound beach seine salmon fishery is designated as an emerging commercial fishery for which a vessel is required. An emerging commercial fishery license and an experimental fishery permit are required to participate in this fishery.

(2) The department will issue five Quilcene Bay salmon beach seine experimental fishery permits (Quilcene permits).

(3) The following is the selection process the department will use to offer a Quilcene permit.

(a) Persons who held a Quilcene Bay salmon beach seine experimental fishery permit in ((1997)) 1998 will be eligible for a permit in ((1998)) 1999.

(b) The department established a pool of applicants by drawing on September 9, 1996.  The pool established by this drawing will be maintained to replace any permit(s) which may be voided.

(4) Permit holders are required to participate in the Quilcene Bay salmon beach seine experimental fishery.

(a) For purposes of this section, "participation" means the holder of the Quilcene permit being aboard the designated vessel in the open fishery area ((four days each week during the open fishing period, except that during the Fraser sockeye and pink salmon species season in Areas 7 and 7A "participation" means the holder of the Quilcene permit being aboard the designated vessel in the open fishery area)) two days each week during the open fishing period.

(b) If the Quilcene permit holder fails to participate, the Quilcene permit issued to that fisher will be void and a new Quilcene permit will be issued through a random drawing from the applicant pool established in 1996.

(c) The department may require proof of participation by registering with state, federal or tribal officials each day the Quilcene permit holder participates.

(d) Persons who participate, but violate conditions of a Quilcene permit, will have the permit voided and a new Quilcene permit will be reissued through a random drawing from the pool of the voided permit holder.

(5) Chum salmon may not be retained by a Quilcene permit holder.  Chum salmon must be released alive, or, at the direction of federal or state officials, submitted for broodstock purposes.

(((5))) (6) Any person who fails to purchase the license, fails to participate, or violates the conditions of a Quilcene permit will have his or her name permanently withdrawn from the pools.

(((6))) (7) It is unlawful to take salmon with beach seine gear that does not meet the requirements of this subsection.

(a) Beach seine salmon nets in Puget Sound shall not exceed 600 feet in length or 100 meshes in depth, or contain meshes of a size less than 3 inches or greater than 4 inches.

(b) Mesh webbing must be constructed with a twine size no smaller than 210/30d nylon, 12 thread cotton, or the equivalent diameter in any other material.

[Statutory Authority: RCW 75.08.080 and 77.12.040.  98-15-081 (Order 98-122), 220-47-427, filed 7/15/98, effective 8/15/98.  Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), 220-47-427, filed 7/29/97, effective 8/29/97; 96-19-049 (Order 96-152), 220-47-427, filed 9/12/96, effective 10/13/96.]


AMENDATORY SECTION(Amending Order 98-122, filed 7/15/98, effective 8/15/98)

WAC 220-47-428
Beach seine--Open periods.

During ((1997)) 1999, it is unlawful to take, fish for, or possess salmon taken with beach seine gear for commercial purposes from Puget Sound except in the following designated Puget Sound Salmon Management and Catch Reporting Areas during the periods provided hereinafter in each respective Management and Catch Reporting Area:


AREA
TIME
DATE(S)
12A:7AM - 7PM Daily((8/31 - 9/4

9/7 - 9/11

9/14 - 9/18

9/21 - 9/25

9/28 - 10/2

10/5 - 10/9)) 8/30, 8/31, 9/1, 9/2, 9/3, 9/6, 9/7, 9/8, 9/9, 9/10, 9/13, 9/14, 9/15, 9/16, 9/17, 9/20, 9/21, 9/22, 9/23, 9/24, 9/27, 9/28, 9/29, 9/30, 10/1, 10/4, 10/5, 10/6, 10/7, 10/8, 10/11, 10/12, 10/13, 10/14, 10/15

[Statutory Authority: RCW 75.08.080 and 77.12.040.  98-15-081 (Order 98-122), 220-47-428, filed 7/15/98, effective 8/15/98.  Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), 220-47-428, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), 220-47-428, filed 7/22/96, effective 8/22/96.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-47-412Drift gill net and skiff gill net--Mesh sizes.

OTS-3131.2


NEW SECTION
WAC 220-47-430
Puget Sound commercial salmon--Log book required.

It is unlawful for any licensed commercial salmon fisher fishing for salmon in Puget Sound SMCRAs 7 and 7A during the Fraser sockeye and pink salmon season set out in WAC 220-47-304 to fail to possess and maintain a department-approved Puget Sound Commercial Salmon Log Book as provided for in this section:

(1) The log book must be kept aboard the vessel while it is fishing in SMCRAs 7 and 7A, or while in possession of fish caught in these areas. The fisher must submit the completed log book for inspection immediately upon request by authorized department representatives.

(2) In each purse seine log book the fisher shall record the vessel name and license number. For each day fished, the fisher shall record the date. Immediately following each retrieval of the net the fisher shall record the Puget Sound Commercial Salmon Log Book Location Code, the time of the retrieval, and the number of chinook, coho and chum salmon in the net upon retrieval.

(3) In each gill net log book the fisher shall record the vessel name and license number. For each day fished, the fisher shall record the date. Immediately following each retrieval of the net the vessel operator shall record the Puget Sound Commercial Salmon Log Book Location Code where the net is retrieved, the start and end time of the set, and the number of chinook, coho and chum salmon in the net upon retrieval.

(4) The following are the Puget Sound Commercial Salmon Log Book Location Codes that are required entries in purse seine log books and gill net log books as provided for in this section:

(a) Location Code 1: Those waters of Puget Sound Commercial Salmon Management and Catch Reporting Area 7A northerly of a line projected from Birch Point to Savage Point on Tumbo Island.

(b) Location Code 2: Those waters of Puget Sound Commercial Salmon Management and Catch Reporting Area 7A southerly of a line projected from Birch Point to Savage Point on Tumbo Island.

(c) Location Code 3: Those waters of Puget Sound Commercial Salmon Management and Catch Reporting Area 7 easterly of a line projected true north from Orcas Island through the easternmost point on Matia Island to the intersection with the 7/7A boundary line and easterly of a line projected from Point Colville on Lopez Island to Smith Island.

(d) Location Code 4: Those waters of Puget Sound Commercial Salmon Management and Catch Reporting Area 7 westerly and northerly of a line projected from Point Colville on Lopez Island to Smith Island and thence to the Y B "VD" buoy on Beaumont Shoal (as listed on NOAA Chart 18421 [38th ed., Oct. 31/92]) and southerly of a line projected from Cadboro Point on Vancouver Island 60 degrees true to the point of land on San Juan Island.

(e) Location Code 5: Those waters of Puget Sound Commercial Salmon Management and Catch Reporting Area 7 southerly of a line projected from Smith Island to the Y B "VD" buoy on Beaumont Shoal (as listed on NOAA Chart 18421 [38th ed., Oct. 31/92]).

(f) Location Code 6: Those waters of Puget Sound Commercial Salmon Management and Catch Reporting Area 7 northerly of a line projected from Cadboro Point on Vancouver Island 60 degrees true to the point of land on San Juan Island and westerly of a line projected true north from Orcas Island through the easternmost point on Matia Island to the intersection with the 7/7A boundary line.

(5) In each reef net log book the fisher shall record the fisher's name and license number and the location of the fishing site. For each day fished the fisher shall record the date and the total number of chinook, coho and chum salmon caught.

(6) All log books must be sent to the department no later than October 10 of each year.

[]

Washington State Code Reviser's Office