WSR 99-19-134

EXPEDITED ADOPTION

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed September 21, 1999, 3:48 p.m. ]

Title of Rule: Commercial fishing rules.

Purpose: Amend coastal harbor net rules.

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: Coastal harbor net rules are set for the 1999 season.

Reasons Supporting Proposal: Preseason meetings at the North of Falcon subgroup identified harvestable stocks.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Lew Atkins, 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: These rules set the gill net season for Grays Harbor and Willapa and allow harvest of salmon returning to these waters and the rivers that flow into them.

Proposal Changes the Following Existing Rules: Sets 1999 salmon seasons.

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 November 22, 1999.


September 21, 1999

Evan Jacoby

Rules Coordinator

OTS-3398.1


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

WAC 220-36-023
Grays Harbor salmon--Fall fishery.

August 16 through December 31 of each year, it is unlawful to fish for salmon in Grays Harbor for commercial purposes, except that:


Fishing period


Gill net gear may be used to fish for salmon from ((6:00 p.m. September 27)) 7:30 a.m. to 6:30 p.m. on October 12, October 13 and October 14, and from 8:00 a.m. to 6:00 p.m. October ((2, 1998)) 27, 1999, in SMCRA ((2C)) 2B.


Gear


Gill net gear shall be used as provided for in WAC 220-36-015, except that it shall not contain mesh larger than 6 1/2 inches.

[Statutory Authority: RCW 75.08.080 and 77.12.040.  98-15-081 (Order 98-122), 220-36-023, filed 7/15/98, effective 8/15/98.  Statutory Authority: RCW 75.08.080.  97-15-148 (Order 97-123), 220-36-023, filed 7/23/97, effective 8/23/97; 96-13-035 (Order 96-77), 220-36-023, filed 6/11/96, effective 7/12/96; 95-13-065 (Order 95-76), 220-36-023, filed 6/19/95, effective 7/20/95; 94-13-014 (Order 94-46), 220-36-023, filed 6/3/94, effective 7/4/94; 93-14-042 (Order 93-54), 220-36-023, filed 6/29/93, effective 7/30/93; 90-18-023 (Order 90-77), 220-36-023, filed 8/24/90, effective 9/24/90; 89-16-056 (Order 89-71), 220-36-023, filed 7/28/89, effective 8/28/89.]

OTS-3399.1


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

WAC 220-40-027
Salmon--Willapa Bay fall fishery.

August 16 through December 31 of each year, it is unlawful to fish for salmon in Willapa Bay for commercial purposes or to possess salmon taken from those waters for commercial purposes, except that:


Fishing period


(1) Gill net gear may be used to fish for salmon from((:

(a) 6:00 a.m. to 6:00 p.m. August 19 and 6:00 p.m. August 26 to 6:00 p.m. August 27, 1998, in SMCRA 2M, that portion of SMCRA 2G east of a line drawn true north-south through Willapa Channel Entrance Buoy 12, that portion of SMCRA 2H west of Willapa Channel Marker 35 and that portion of SMCRA 2J north of an east-west line through the north entrance marker to the Nahcotta boat basin (red flasher no. 2);

(b) 6:00 p.m. September 21 to 6:00 p.m. September 25, 6:00 p.m. September 27 to 6:00 p.m. October 1 and 6:00 p.m.)) 7:30 a.m. to 6:30 p.m. October 4 ((to 6:00 p.m. October 8, 1998, in SMCRA 2H;

(c) 6:00 p.m. September 21 to 6:00 p.m. September 22 6:00 p.m. September 24 to 6:00 p.m. September 25 6:00 p.m. September 28 to 6:00 p.m. September 29, and 6:00 p.m. October 5 to 6:00 p.m. October 6, 1998, in that part of SMCRA 2J north of an east-west line through the north entrance marker to the Nahcotta basin (red flasher no. 2).

(d) 6:00 p.m. September 21 to 6:00 p.m. October 1, and 6:00 p.m. October 4 to 6:00 p.m. October 8, 1998)), 6:00 p.m. October 5 to 6:00 p.m. October 8, 6:00 p.m. October 11 to 6:00 p.m. October 15, 6:00 p.m. October 18 to 6:00 p.m. October 22 and 6:00 p.m. October 25 to 6:00 p.m. October 29, 1999, in ((SMCRA 2M and)) SMCRA 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12 and west of a line drawn true north-south through Willapa Channel Marker 24.

(2) The Tokeland Boat basin is closed to commercial fishing during the openings in SMCRA 2G described in this section.  The Tokeland Boat basin means that portion of SMCRA 2G bounded on the south by the shoreline of the boat basin, on the west by the seawall and on the north and east by a line from the Tokeland Channel Marker "3" (flashing green, 4-second) to Tokeland Channel Marker "4" to the tip of the seawall.


Gear


(3) Gill net gear shall be used as provided in WAC 220-40-015 except that ((before 6:00 p.m. September 22, there is no maximum mesh size limit, and)) the maximum mesh size is 6 1/2 inches ((September 22)) October 4 through October ((8, 1998)) 29, 1999.

[Statutory Authority: RCW 75.08.080 and 77.12.040.  98-15-081 (Order 98-122), 220-40-027, filed 7/15/98, effective 8/15/98.  Statutory Authority: RCW 75.08.080.  97-15-148 (Order 97-123), 220-40-027, filed 7/23/97, effective 8/23/97; 96-13-035 (Order 96-77), 220-40-027, 6/11/96, effective 7/12/96; 95-13-065 (Order 95-76), 220-40-027, filed 6/19/95, effective 7/20/95; 94-16-017 (Order 94-61), 220-40-027, filed 7/21/94, effective 8/21/94; 93-14-042 (Order 93-54), 220-40-027, filed 6/29/93, effective 7/30/93; 90-18-023 (Order 90-77), 220-40-027, filed 8/24/90, effective 9/24/90; 89-16-056 (Order 89-71), 220-40-027, filed 7/28/89, effective 8/28/89.]

Washington State Code Reviser's Office