WSR 03-05-062

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-26 -- Filed February 18, 2003, 10:53 a.m. ]

Date of Adoption: February 8, 2003.

Purpose: Amend coastal commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-33-060, 220-36-03001, and 220-40-030.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 03-02-077 on December 30, 2002.

Changes Other than Editing from Proposed to Adopted Version: In WAC 220-36-03001 (6)(b) change closure to start February 1st.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

February 14, 2003

Susan Yeager

for Will Roehl, Chair

Fish and Wildlife Commission

OTS-6138.2


AMENDATORY SECTION(Amending Order 01-36, filed 3/13/01, effective 4/13/01)

WAC 220-33-060   Herring and anchovies.   It is unlawful to fish for herring or anchovies in the lower Columbia River for commercial purposes or to possess herring or anchovies taken from those waters for commercial purposes, except as provided in this section:


Gear


(1) Purse seine and lampara gear may be used to fish for ((herring or)) anchovies if the cork line of the gear does not exceed 1,400 feet in length and the mesh size of the gear is not less than one-half inch stretch measure.

(2) Lampara gear may be used to fish for herring if the cork line of the gear does not exceed 1,400 feet in length and the mesh size of the gear is not less than one-half inch stretch measure.

(3) It is unlawful to fish with purse seine or lampara gear in the waters of the Columbia River if any part of the purse seine or lampara is in waters that are less than 20 feet deep.


Licensing


(((3))) (4)(a) A baitfish purse seine fishery license is a license required to operate a gear provided for in this section and allows the operator to retain anchovies.

(b) ((A herring purse seine fishery license is a license required to operate a gear provided for in this section and allows the operator to retain herring.

(c))) A baitfish lampara fishery license is a license required to operate a gear provided for in this section and allows the operator to retain anchovies.

(((d))) (c) A herring lampara fishery license is a license required to operate a gear provided for in this section and allows the operator to retain herring.


Fishing periods


(((4)))(5)(a) Purse seine and lampara gear may be used to fish for ((herring or)) anchovies in SMCRA 1A 7 days per week from January 1 through December 31 of each year.

(b) Lampara gear may be used to fish for herring in SMCRA 1A 7 days per week from January 1 through December 31.


General


(((5))) (6) Species of fish other than herring or anchovies, except shad and pilchard, taken in the operation of the purse seine and lampara gear shall be returned immediately to the water. Pilchard taken incidental to the herring and anchovy fisheries provided for in this section may not exceed twenty-five percent of the weight of any landing.

[Statutory Authority: RCW 77.12.047. 01-07-016 (Order 01-36), 220-33-060, filed 3/13/01, effective 4/13/01. Statutory Authority: RCW 75.08.080. 95-23-020 (Order 95-166), 220-33-060, filed 11/8/95, effective 12/9/95; 94-12-009 (Order 94-23), 220-33-060, filed 5/19/94, effective 6/19/94; 88-18-066 (Order 88-86), 220-33-060, filed 9/2/88.]

OTS-6139.2


AMENDATORY SECTION(Amending Order 95-166, filed 11/8/95, effective 12/9/95)

WAC 220-36-03001   Grays Harbor -- Seasons and lawful gear -- Varieties other than salmon and sturgeon.   (1) It ((shall be)) is unlawful in Marine Fish-Shellfish Management and Catch Reporting Area 60B to fish for food fish, other than sturgeon and salmon, with purse seine or lampara gear exceeding 900 feet in length or having meshes of less than one-half inch stretch measure, or with drag seine gear exceeding 700 feet in length or having meshes less than 4-1/2 inches stretch measure, except as provided in WAC 220-36-03001(6). It is unlawful to fish for or possess salmon or sturgeon taken with purse seine, lampara, or drag seine gear.

(2) It ((shall be)) is lawful to fish for and possess bottomfish in Marine Fish-Shellfish Management and Catch Reporting Area 60B at any time with set line and hand line jig gear.

(3) It ((shall be)) is lawful to retain for commercial purposes bottomfish taken incidental to any lawful commercial salmon fishery in Grays Harbor Salmon Management and Catch Reporting Areas 2A, 2B, 2C, and 2D, and it ((shall be)) is lawful to retain bottomfish taken incidental to any lawful sturgeon fishery in Marine Fish-Shellfish Management and Catch Reporting Area 60B.

(4) It ((shall be)) is lawful to take, fish for and possess smelt taken for commercial purposes in all waters of Grays Harbor except it is unlawful to take smelt for commercial purposes during weekly closed periods extending from 8:00 a.m. Thursday to 8:00 p.m. Saturday.

(5) It ((shall be)) is lawful to fish for and possess herring, anchovies, candlefish, or pilchards taken for commercial purposes with dip bag net gear at any time in the waters of Marine Fish-Shellfish Management and Catch Reporting Area 60B.

(6)(a) June 1 through October 31 - It ((shall be)) is lawful to fish for((, take)) and possess ((herring,)) anchovies, candlefish, or pilchards with purse seine or lampara in the waters of Grays Harbor, provided ((such)) it is unlawful to use gear ((shall not exceed)) exceeding 1,400 feet in length ((nor contain)) or containing meshes of less than 1/2-inch stretch measure. It is lawful to fish for herring with lampara gear in the waters of Grays Harbor, provided it is unlawful to use gear exceeding 1,400 feet in length or containing mesh less than 1/2-inch stretch measure. All species of fish other than herring, pilchard, candlefish, and anchovy taken in operation of such purse seine or lampara gear must be immediately((, with care,)) returned to the water.

(b) ((March)) February 1 through April 15 - Closed to all commercial herring, anchovy, candlefish, or pilchard fishing except dip bag net.

(7) It ((shall be)) is lawful to take, fish for and possess herring, candlefish, pilchards, or anchovies taken for commercial purposes with a herring weir from April 1 through September 30 in the waters of Marine Fish-Shellfish Management and Catch Reporting Area 60B, provided that the lead shall not exceed 300 feet in length or extend into any navigation channel or customary gill net drifting lane. It shall be unlawful for any person to install or operate a herring weir without obtaining written permission from the director of fisheries.

(8) It is unlawful to fish with purse seine or lampara gear at all times in the waters of Marine Fish-Shellfish Management and Catch Reporting Area 60B if any part of the purse seine or lampara is in waters that are less than 20 feet deep.

[Statutory Authority: RCW 75.08.080. 95-23-020 (Order 95-166), 220-36-03001, filed 11/8/95, effective 12/9/95; 85-06-033 (Order 85-14), 220-36-03001, filed 3/1/85; 84-08-014 (Order 84-24), 220-36-03001, filed 3/27/84; 80-09-072 (Order 80-69), 220-36-03001, filed 7/18/80; 79-05-007 (Order 79-20), 220-36-03001, filed 4/11/79; 78-07-067 (Order 78-45), 220-36-03001, filed 6/30/78; Order 77-14, 220-36-030 (codified as WAC 220-36-03001), filed 4/15/77; Order 76-148, 220-36-030 (codified as WAC 220-36-03001), filed 12/2/76; Order 1049, 220-36-030, filed 4/11/73; Order 925, 220-36-030, filed 6/3/71; Order 864, 220-36-030, filed 5/12/70; Order 726, 4 (part), filed 4/24/67; subsections 1 and 2 from Order 525, filed 5/3/61; subsection 7 from Order 605, filed 4/21/64; Orders 336 and 256, filed 3/1/60.]

OTS-6140.1


AMENDATORY SECTION(Amending Order 95-166, filed 11/8/95, effective 12/9/95)

WAC 220-40-030   Willapa Bay -- Seasons and lawful gear -- Varieties other than salmon and sturgeon.   (1) It ((shall be)) is unlawful in Marine Fish-Shellfish Management and Catch Reporting Area 60C to fish for food fish, other than sturgeon and salmon, with purse seine or lampara gear exceeding 900 feet in length or having meshes of less than one-half inch stretch measure, or with drag seine gear exceeding 700 feet in length or having meshes of less than 4-1/2 inches stretch measure, except as provided in WAC 220-40-030(3). It is unlawful to fish for or possess salmon or sturgeon taken with purse seine, lampara, or drag seine gear.

(2) It ((shall be)) is lawful to fish for and possess bottomfish taken for commercial purposes in Marine Fish-Shellfish Management and Catch Reporting Area 60C, at anytime with set line and hand line jig gear.

(3)(a) June 1 through October 31 - It ((shall be)) is lawful to fish for and possess ((herring,)) anchovy, candlefish, or pilchards taken for commercial purposes with purse seine or lampara in the waters of Willapa Bay, provided ((such)) it is unlawful to use gear ((shall not exceed)) exceeding 1,400 feet in length ((nor contain)) or containing meshes less than one-half inch stretch measure. It is lawful to fish for and possess herring taken for commercial purposes with lampara gear from the waters of Willapa Bay, except it is unlawful to use lampara gear exceeding 1,400 feet in length or containing mesh less than 1/2-inch stretch measure. All species of fish other than herring, anchovy, candlefish and pilchard taken in operation with such purse seine or lampara gear must be immediately, with care, returned to the water.

(b) February 1 through March 15 - Closed to all commercial herring, anchovy, candlefish or pilchard fishing except dip bag net.

(c) It ((shall be)) is lawful to fish for, take and possess herring, anchovy, candlefish, or pilchards with dip bag net gear at any time in the waters of Willapa Bay.

(4) It ((shall be)) is lawful to retain for commercial purposes bottomfish taken incidental to any lawful commercial salmon fishery in Willapa Bay Salmon Management and Catch Reporting Areas 2G, 2H, 2J, 2K, and 2M, and it shall be lawful to retain bottomfish taken incidental to any lawful sturgeon fishery in Marine Fish-Shellfish Management and Catch Reporting Area 60C.

(5) It ((shall be)) is lawful to take, fish for and possess smelt taken with hand dip nets in any of the waters of Willapa Bay except it is unlawful to take smelt for commercial purposes during weekly closed periods extending from 8:00 a.m. Thursday to 8:00 p.m. Saturday.

(6) It ((shall be)) is lawful to take bottom fish with drag seine in Marine Fish-Shellfish Management and Catch Reporting Area 60C from March 1 through June 30.

(7) It is unlawful to fish with purse seine or lampara gear at all times in the waters of Marine Fish-Shellfish Management and Catch Reporting Area 60C if any part of the purse seine or lampara is in waters that are less than 20 feet deep.

[Statutory Authority: RCW 75.08.080. 95-23-020 (Order 95-166), 220-40-030, filed 11/8/95, effective 12/9/95; 91-08-054 (Order 91-13), 220-40-030, filed 4/2/91, effective 5/3/91; 85-06-033 (Order 85-14), 220-40-030, filed 3/1/85; 84-15-008 (Order 84-66), 220-40-030, filed 7/6/84; 84-08-014 (Order 84-24), 220-40-030, filed 3/27/84; 80-09-072 (Order 80-69), 220-40-030, filed 7/18/80; 79-05-007 (Order 79-20), 220-40-030, filed 4/11/79; Order 77-14, 220-40-030, filed 4/15/77; Order 76-148, 220-40-030, filed 12/2/76; Order 76-26, 220-40-030, filed 1:45 p.m., 4/20/76; Order 925, 220-40-030, filed 6/3/71; Order 864, 220-40-030, filed 5/12/70; Order 726, 4 (part), filed 4/24/67; subsections 1, 2, 3 from Order 679, filed 4/20/66; Order 638, filed 4/28/65; Order 605, filed 4/21/64; Order 569, filed 4/11/63; Order 544, filed 4/3/62; Order 525, filed 5/3/61; Order 507, filed 4/13/60; Orders 483 and 256, filed 2/1/60; subsection 4 from Order 544, filed 4/3/62; Order 525, filed 5/3/61; Orders 448 and 256, filed 3/1/60; subsection 5 from Order 544, filed 4/3/62; Orders 448 and 256, filed 3/1/60; subsections 6, 8, 9 from Order 525, filed 5/3/61; Orders 341 and 256, filed 3/1/60; subsection 7 from Orders 346 and 256, filed 3/1/60.]

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