WSR 04-16-125

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-202 -- Filed August 4, 2004, 11:49 a.m. , effective September 4, 2004 ]


Purpose: Establish 2004 Puget Sound salmon net seasons.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-430; and amending WAC 220-47-301, 220-47-302, 220-47-303, 220-47-307, 220-47-311, 220-47-325, 220-47-401, 220-47-411, and 220-47-428.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 04-12-129 on June 2, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 9, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 3, 2004.

Susan Yeager

for Will Roehl, Chair

Fish and Wildlife Commission

OTS-7233.2


AMENDATORY SECTION(Amending Order 03-34, filed 2/18/03, effective 3/21/03)

WAC 220-47-301   Puget Sound -- Lawful gear -- Purse seine.   (1) Lawful purse seine salmon nets in Puget Sound shall not exceed 1,800 feet in length along the cork line while wet and purse seine and lead combined shall not exceed 2,200 feet. Neither shall contain meshes of a size less than 3-1/2 inches, nor shall the meshes of the seine and lead be lashed together to form one continuous piece of webbed gear. It shall be lawful as part of the purse seine to have a bunt not more than 10 fathoms long which may contain mesh of a size not less than 3-1/2 inches.

(2) It shall be unlawful to take or fish for salmon with purse seine gear in Puget Sound which contains mesh webbing constructed of a twine size smaller than 210/30d nylon, 12 thread cotton or the equivalent diameter in any other material.

(3) It shall be unlawful for any purse seine vessel to carry an extra lead or portion thereof unless stowed below decks during the fishing operation, nor may an extra lead or portion thereof be carried aboard its skiff.

(4) Purse seine mesh size shall be defined as the distance between the inside of one knot to the outside of the opposite vertical knot of one mesh. Minimum mesh size is met if a wedge of legal size can be passed without undue force through the mesh while wet.

(5) A purse seine will not be considered to be fishing once both ends of the seine are attached to the primary vessel.

(6) It shall be unlawful to take or fish for salmon with purse seine gear in Puget Sound unless at least four sections, each measuring no less than 12 inches in length, along the corkline in the bunt and within 75 fathoms of the bunt have no corks or floats attached. These four sections must be spaced such that one section is along the corkline in the bunt, within 5 fathoms of the seine net, and the other three sections must be spaced at least 20 fathoms apart along the corkline within 75 fathoms of the bunt.

(7) It is unlawful to fish for salmon with purse seine gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in possession of a department-issued certification card.

[Statutory Authority: RCW 77.12.047. 03-05-076 (Order 03-34), 220-47-301, filed 2/18/03, effective 3/21/03; 01-07-015 (Order 01-32), 220-47-301, filed 3/13/01, effective 4/13/01. Statutory Authority: RCW 75.08.080. 97-16-030 (Order 97-124), 220-47-301, filed 7/29/97, effective 8/29/97; 87-15-059 (Order 87-72), 220-47-301, filed 7/14/87; 86-13-038 (Order 86-46), 220-47-301, filed 6/12/86; Order 988, 220-47-301, filed 4/28/72.]


AMENDATORY SECTION(Amending Order 03-210, filed 8/20/03, effective 9/20/03)

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, except in Area 9A, where gill nets may not exceed 600 feet in length, or be more than 60 mesh deep, or contain mesh 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, except in Area 9A, where gill nets may not exceed 600 feet in length, or be more than 60 meshes deep, or contain mesh 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) It is unlawful to take or fish for salmon with gill net gear 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.

(5) It is unlawful to take or fish for salmon with gill net gear in Areas 7 or 7A between the dates of September 30 and October ((20)) 17 unless the gill net vessel has aboard and uses operable recovery boxes as described in this subsection.

(a) Dimensions and capacities of required recovery boxes:

(i) Recovery boxes must have two chambers, if one box, or it may be two boxes with one chamber in each box.

(ii) Each recovery box chamber must have an inside length measurement of ((not less than 39 1/2 inches nor more than)) 48 inches, an inside width measurement of ((not less than 8 inches nor more than)) 10 inches, and an inside height measurement of ((not less than 14 inches nor more than)) 16 inches.

(iii) Each chamber of the recovery box must have an inlet hole measuring between 3/4 inch and 1 inch in diameter, and the inlet hole must be centered horizontally across the door or wall of the chamber and the bottom of the hole must be located 1 3/4 inches above the floor of the chamber.

(iv) Each chamber of the recovery box must include a water outlet hole on the opposite wall from the inlet hole, and the outlet hole must be at least 1 1/2 inches in diameter with the bottom of the outlet hole located 12 inches above the floor of the chamber.

(v) Flow of water through each chamber of the recovery boxes must be not less than 16 gallons per minute nor more than 20 gallons per minute.

(b) Each box and chamber must be operating during any time that the net is being retrieved or picked.

(c) The vessel operator must demonstrate to department employees, upon request, that the pumping system is delivering the proper volume of fresh seawater into each chamber.

(d) All salmon not to be retained must be released immediately with care and the least possible injury to the fish, or placed into the operating recovery box.

(e) Any fish that is bleeding or lethargic must be placed in the recovery box prior to being released.

(f) All fish placed in the recovery boxes must be released within the same catch area as the area of capture, and the release must occur prior to landing or docking.

(6) It is unlawful to fish for salmon with gill net gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in possession of a department-issued certification card.

[Statutory Authority: RCW 77.12.047. 03-18-005 (Order 03-210), 220-47-302, filed 8/20/03, effective 9/20/03. Statutory Authority: RCW 75.08.080. 99-24-011 (99-202), 220-47-302, filed 11/19/99, effective 12/20/99; 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 988, filed 4/28/72)

WAC 220-47-303   Puget Sound -- Lawful gear -- Reef nets.   (1) Lawful reef net salmon nets in Puget Sound shall not exceed 300 meshes on any side nor contain meshes of a size less than 3-1/2 inches nor utilize more than two leads. Each of said leads shall not exceed 200 feet in length measured from the bows of the reef net boats to the nearest end of the head buoys. The use of any false, detached or auxiliary lead shall be unlawful.

(2) It is unlawful to fish for salmon with reef net gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in possession of a department-issued certification card.

[Order 988, 220-47-303, filed 4/28/72.]


AMENDATORY SECTION(Amending Order 03-210, filed 8/20/03, effective 9/20/03)

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 77.50.050:

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 1/4 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.

(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, 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 and coho seasonal closure prior to October 3: Those waters southerly of a line projected from the Clinton ferry dock to the Mukilteo ferry dock.

Area 8D - Those waters easterly of a line projected from Mission Point to Hermosa Point.

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 77.12.047. 03-18-005 (Order 03-210), 220-47-307, filed 8/20/03, effective 9/20/03. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-47-307, filed 11/19/99, effective 12/20/99. 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 03-210, filed 8/20/03, effective 9/20/03)

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


((AREA TIME DATE
7, 7A: 7AM - 7PM 10/16
7AM - 6PM 10/23
6AM - 5PM 10/29
7AM - 5PM 11/6
7B, 7C 6AM - 9PM 8/20
7B: 6AM 9/8 - 8PM 9/10
6AM 9/15 - 8PM 9/17
7AM 9/21 - 7PM 10/25
6AM 10/27 - 4PM 10/31
6AM 11/3 - 4PM 11/7
7AM 11/10 - 4PM 11/14
7AM 11/17 - 4PM 11/21
7AM 11/24 - 4PM 11/28
8AM 12/1 - 4PM 12/5
Note: That portion of Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor is open to purse seines beginning 12:01 a.m. on the last Monday in October and is open until 4:00 p.m. on the first Friday in December.
8: 6AM - 8PM 8/28
6AM - 8PM 9/3
7AM - 5PM 11/6
8A: 6AM - 9PM 8/18, 8/20
6AM - 8PM 8/26, 8/28
7AM - 7PM 10/6, 10/13, 10/20
6AM - 5PM 10/27, 10/29
7AM - 5PM 11/5, 11/10, 11/12, 11/19, 11/24, 11/26
8D: 7AM - 7PM 9/25, 10/2, 10/6, 10/13, 10/20
6AM - 5PM 10/27, 10/29
7AM - 5PM 11/3, 11/10, 11/12, 11/19, 11/24, 11/26
10, 11: 7AM - 7PM 10/13, 10/20
6AM - 5PM 10/27
7AM - 5PM 11/5, 11/10
12, 12B: 7AM - 7PM 10/20
6AM - 5PM 10/27, 10/29
7AM - 5PM 11/5, 11/10
12C: 7AM - 5PM 11/10, 11/17, 11/24))


AREA TIME DATE
7, 7A: 7AM - 6PM with use of recovery box 10/13, 10/14
7AM - 3:15 PM without use of recovery box
8AM - 6 PM with use of recovery box 10/20, 10/21, 10/27, 10/28
8AM - 3:30 PM without use of recovery box
7AM - 5 PM with use of recovery box 11/3, 11/4
7AM - 2:30 PM without use of recovery box
7B, 7C: 6AM - 8PM 8/18, 8/25, 9/1 Limited participation, 4 boats to be selected by lottery
7B: 7AM 9/7 - 8PM 9/9
7AM 9/13 - 7PM 9/15
7AM 9/19 - 4PM 10/23
7AM 10/25 - 4PM 10/29
7AM 11/1 - 4PM 11/5
7AM 11/8 - 4PM 11/12
7AM 11/15 - 4PM 11/19
7AM 11/22 - 4PM 11/26
8AM 11/29 - 4PM 12/3
Note: That portion of Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor is open to purse seines beginning 12:01 a.m. on the last Monday in October and is open until 4:00 p.m. on the first Friday in December.
8A: 7AM - 7PM 9/27, 10/4 Limited participation, 2 boats to be selected by lottery
7AM - 6PM 10/11
8AM - 6PM 10/18, 10/25, 10/27
7AM - 5PM 11/3, 11/8, 11/10, 11/17
7AM - 4PM 11/22, 11/24
8D: 7AM - 7PM 9/23, 10/4
7AM - 6PM 10/11
8AM - 6PM 10/18, 10/25, 10/27
7AM - 5PM 11/3, 11/8, 11/10, 11/17
7AM - 4PM 11/22, 11/24
10, 11: 7AM - 6PM 10/11
8AM - 6PM 10/18, 10/25, 10/26
7AM - 5PM 11/1, 11/8, 11/15
7AM - 4PM 11/22
12, 12B: 8AM - 6PM 10/18, 10/25, 10/26
7AM - 5PM 11/1, 11/8, 11/15
12C: 7AM - 5PM 11/9, 11/16
7AM - 4PM 11/23

It is unlawful to retain the following salmon species taken with purse seine gear within the following areas during the following periods:

Chinook salmon - at all times in Areas 7, 7A, 8, 8A, 8D, 10, 11, 12, 12B, and 12C

Coho salmon - at all times in Areas 7, 7A, 10, and 11, and prior to September 8 in Area 7B

Sockeye salmon - prior to September 8 in Area 7B

Chum salmon - prior to October 1 in Areas 7 and 7A. All other saltwater and freshwater areas - closed.

[Statutory Authority: RCW 77.12.047. 03-18-005 (Order 03-210), 220-47-311, filed 8/20/03, effective 9/20/03; 02-16-004 (Order 02-167), 220-47-311, filed 7/25/02, effective 8/25/02; 01-13-056 (Order 01-106), 220-47-311, filed 6/15/01, effective 7/16/01; 00-18-023 (Order 00-172), 220-47-311, filed 8/28/00, effective 9/28/00. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-47-311, filed 11/19/99, effective 12/20/99. 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 03-210, filed 8/20/03, effective 9/20/03)

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) In Areas 7 and 7A and prior to September ((8)) 5 in Areas 7B and 7C, 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; and

(c) 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.

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

(5) If fishers are enrolled in the "rolling wedge" evaluation program, they may use the rolling wedge in lieu of brailing provided they comply with the following conditions:

(a) Have enrolled by contacting the department at 360-902-2717 prior to June 1, 2004;

(b) Pay the funding fee of $100 per day of the opening;

(c) Allow WDFW observer on board for all fishing activities;

(d) No more than 125 fish may be on deck at any one time;

(e) Place all lethargic or injured fish in the operating recovery box until they appear recovered or they are dead;

(f) Dimensions and capacities of required recovery boxes:

(i) Recovery boxes must have two chambers, if one box, or it may be two boxes with one chamber in each box;

(ii) Each recovery box chamber must have an inside length measurement of not less than 39 1/2 inches nor more than 48 inches, an inside width measurement of not less than 8 inches nor more than 10 inches, and an inside height measurement of not less than 14 inches nor more than 16 inches;

(iii) Each chamber of the recovery box must have an inlet hole measuring between 3/4 inch and 1 inch in diameter, and the inlet hole must be centered horizontally across the door or wall of the chamber and the bottom of the hole must be located 1 3/4 inches above the floor of the chamber;

(iv) Each chamber of the recovery box must include a water outlet hole on the opposite wall from the inlet hole, and the outlet hole must be at least 1 1/2 inches in diameter with the bottom of the outlet hole located 12 inches above the floor of the chamber;

(v) Flow of water through each chamber of the recovery boxes must be not less than 16 gallons per minute nor more than 20 gallons per minute;

(g) Each box and chamber must be operating during any time that the net is being retrieved or picked;

(h) The vessel operator must demonstrate to department employees, upon request, that the pumping system is delivering the proper volume of fresh seawater into each chamber;

(i) All salmon not to be retained must be released immediately with care and the least possible injury to the fish, or placed into the operating recovery box.

[Statutory Authority: RCW 77.12.047. 03-18-005 (Order 03-210), 220-47-325, filed 8/20/03, effective 9/20/03. Statutory Authority: RCW 75.08.080. 99-24-011 (99-202), 220-47-325, filed 11/19/99, effective 12/20/99; 97-16-030 (Order 97-124), 220-47-325, filed 7/29/97, effective 8/29/97.]


AMENDATORY SECTION(Amending Order 03-210, filed 8/20/03, effective 9/20/03)

WAC 220-47-401   Reef net open periods.   (1) 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:


AREA TIME - DATE(S)
7, 7A 7AM - 7PM Daily ((9/16 - 11/15)) 9/12 - 11/13

(2) ((It is unlawful to take, fish for, or possess salmon taken with reef net gear during the period September 16 through September 30 unless the reef net license holder provides the department with 24-hour notice prior to each day of fishing and assists the department with collection of DNA tissue samples from chum salmon. The daily fishing notice to the department must include the reef net license holder's name and a telephone number where they can be contacted, and the notice must be given by one of the following three means:

(a) Fax transmission to 360-902-2949;

(b) E-mail to psfishtickets@dfw.wa.gov; or

(c) Toll-free telephone call to 1-866-791-1279.

(3))) It is unlawful to retain chinook salmon taken with reef net gear at all times, and it is unlawful to retain wild coho salmon taken with reef net gear prior to October 1. All other saltwater and freshwater areas - closed.

[Statutory Authority: RCW 77.12.047. 03-18-005 (Order 03-210), 220-47-401, filed 8/20/03, effective 9/20/03; 02-16-004 (Order 02-167), 220-47-401, filed 7/25/02, effective 8/25/02; 01-13-056 (Order 01-106), 220-47-401, filed 6/15/01, effective 7/16/01; 00-18-023 (Order 00-172), 220-47-401, filed 8/28/00, effective 9/28/00. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-47-401, filed 11/19/99, effective 12/20/99. 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 03-179, filed 8/6/03, effective 9/6/03)

WAC 220-47-411   Gill net -- Open periods.   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) MINIMUM MESH
6D: 7AM - 7PM 9/29, 9/30, 10/1, 10/2, 10/3, 10/6, 10/7, 10/8, 10/9, 10/10, 10/13, 10/14, 10/15, 10/16, 10/17, 10/20, 10/21, 10/22, 10/23, 10/24, 10/27, 10/28, 10/29, 10/30, 10/31 5"
Note: In Area 6D it is unlawful to use other than 5-inch minimum and 5 1/2-inch maximum mesh in the skiff gill net fishery. 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, chum or pink salmon required to be released, must be removed from the net by cutting the meshes ensnaring the fish.
7, 7A: 7AM - 8PM 10/15, 10/22 6 1/4"
Note: In Areas 7 and 7A after September 30 but prior to October 20, it is unlawful to use a net soak time of more than 45 minutes. Net soak time is defined as the time elapsed from when the first of the gill net web enters the water until the gill net is fully retrieved from the water.
7AM - 7PM 10/30, 11/5 6 1/4"
7B/7C: 7PM - 8AM NIGHTLY 8/18, 8/24, 8/26, 8/28, 8/31, 9/2, 9/4 7"
7B: 7PM - 9AM NIGHTLY 9/7, 9/9, 9/11 5"
6PM - 8AM NIGHTLY 9/14, 9/16, 9/18
7AM 9/21 - 4PM 10/25
7AM 10/27 - 4PM 10/31 6 1/4"
7AM 11/3 - 4PM 11/7
7AM 11/10 - 4PM 11/14
7AM 11/17 - 4PM 11/21
7AM 11/24 - 4PM 11/28
8AM 12/1 - 4PM 12/5
Note: That portion of Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor is open to gill nets using 6 1/4-inch minimum mesh beginning 12:01AM on the last day in October and is open until 4:00 PM on the first Friday in December.
8: 6AM - 8PM 8/28, 9/3 5"
Note: In Area 8 openings it is unlawful to use other than 5 inch minimum mesh, maximum 60 meshes in depth.
7AM - 7PM 11/6 6 1/4"
8A: 7PM - 8AM NIGHTLY 8/18, 8/20, 8/25, 8/27 6 1/4"
Note: In Area 8A openings on 8/18, 8/20, 8/25, and 8/27, it is unlawful to use other than 5 inch minimum and 5 1/2-maximum mesh gill nets.
6PM - 8AM NIGHTLY 10/7
5PM - 8AM NIGHTLY 10/12, 10/14, 10/16, 10/19, 10/21, 10/23
4PM - 8AM NIGHTLY 10/27, 10/28, 10/29, 10/30, 11/2, 11/4, 11/6, 11/10, 11/11, 11/12, 11/13, 11/16, 11/18, 11/20, 11/24, 11/25, 11/26, 11/27
8D: 6PM - 8AM NIGHTLY 9/21, 9/23, 9/25, 9/28, 9/30, 10/2, 10/5, 10/7, 10/9, 10/12, 10/14, 10/16, 10/19, 10/21, 10/23 5"
4PM - 8AM NIGHTLY 10/27, 10/28, 10/29, 10/30, 11/2, 11/4, 11/6, 11/10, 11/11, 11/12, 11/13, 11/16, 11/18, 11/20, 11/24, 11/25, 11/26, 11/27 6 1/4"
9A: 6AM - 9PM 8/26, 8/28 5"
6AM 8/31 - 4PM 10/25
Note: It is unlawful to retain chum salmon taken in Area 9A prior to October 1 and unlawful to retain chinook salmon at any time. Any salmon not to be retained must be released from the net by cutting the meshes ensnaring the fish. Logbooks required in accordance with WAC 220-47-430.
10, 11: 5PM - 8AM NIGHTLY 10/12, 10/14, 10/16, 10/19, 10/21, 10/23 6 1/4"
4PM - 8AM NIGHTLY 10/26, 10/28, 10/30, 11/2, 11/4, 11/6, 11/9, 11/11, 11/13
12, 12B: 7AM - 8PM 10/21, 10/22, 10/23 6 1/4"
7AM - 7PM 10/28, 10/30, 10/31, 11/3, 11/4, 11/6, 11/11, 11/12, 11/13
7AM - 6PM 11/18, 11/19, 11/20
Note: It is unlawful to fish for or possess salmon taken with gill net gear in that part of Area 12B south of a line from Quatsap Point to Hood Point on the following dates: 10/22, 10/23, 10/30, 10/31, 11/3, 11/4, 11/12, 11/13, 11/19, and 11/20.
12C: 7AM - 7PM 11/11. Openings on these dates are subject to further discussions with tribe. If openings do occur, they will be by emergency regulation. 6 1/4"
7AM - 6PM 11/18, 11/25. Openings on these dates are subject to further discussions with tribe. If openings do occur, they will be by emergency regulation.
All other saltwater and freshwater areas - closed.
Nightly openings refer to the start date.
Within an area or areas, a mesh size restriction remains in effect from the first date indicated until a mesh size change is shown, and the new mesh size restriction remains in effect until changed.))


AREA TIME - DATE(S) MINIMUM MESH
6D: 7AM - 7PM 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 5"
10/11, 10/12, 10/13, 10/14, 10/15
10/18, 10/19, 10/20, 10/21, 10/22, 10/25, 10/26, 10/27, 10/28, 10/29
Note: In Area 6D it is unlawful to use other than 5-inch minimum and 5 1/2-inch maximum mesh in the skiff gill net fishery. 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, chum or pink salmon required to be released, must be removed from the net by cutting the meshes ensnaring the fish.
7, 7A: 7AM - 8PM Use of recovery box required 10/13, 10/14 6 1/4"
8AM - 8PM Use of recovery box not required 10/20, 10/21, 10/27, 10/28
7AM - 7PM 11/3, 11/4
Note: In Areas 7 and 7A after September 30 but prior to October 20, it is unlawful to use a net soak time of more than 45 minutes. Net soak time is defined as the time elapsed from when the first of the gill net web enters the water until the gill net is fully retrieved from the water.
7B/7C: 7PM - 7AM NIGHTLY 8/16, 8/22, 8/24, 8/26, 8/29, 8/31, 9/2 7"
7B: 7PM - 8AM NIGHTLY 9/6, 9/7, 9/9 5"
6PM - 8AM NIGHTLY 9/12, 9/14, 9/16
7AM 9/19 - 8PM 10/23
8AM 10/25 - 4PM 10/29 6 1/4"
7AM 11/1 - 4PM 11/5
7AM 11/8 - 4PM 11/12
7AM 11/15 - 4PM 11/19
7AM 11/22 - 4PM 11/26
8AM 11/29 - 4PM 12/3
Note: That portion of Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor is open to gill nets using 6 1/4-inch minimum mesh beginning 12:01AM on the last day in October and is open until 4:00 PM on the first Friday in December.
8A: 6PM - 8AM NIGHTLY 10/5 5"
5PM - 8AM NIGHTLY 10/12, 10/14, 10/15
8AM - 8PM 10/19, 10/21, 10/22, 10/25, 10/26, 10/27, 10/28 6 1/4 "
7AM - 7PM 11/2, 11/4, 11/5, 11/9, 11/11, 11/12, 11/16, 11/18, 11/19
7AM - 6PM 11/23, 11/25, 11/26
8D: 6PM - 8AM NIGHTLY 9/19, 9/21, 9/23, 9/26, 9/28, 9/30, 10/3, 10/5, 10/7 5"
5PM - 8AM NIGHTLY 10/10, 10/12, 10/14
5PM - 9AM NIGHTLY 10/17, 10/19, 10/21
5PM - 9AM NIGHTLY 10/25, 10/26, 10/27, 10/28 6 1/4"
4PM - 8AM NIGHTLY 10/31, 11/2, 11/4, 11/8, 11/9, 11/10, 11/11, 11/14, 11/16, 11/18 6 1/4"
3PM - 8AM NIGHTLY 11/22, 11/23, 11/24, 11/25
9A: 7PM - 7AM NIGHTLY 8/24, 8/26 5"
6AM 8/29 - 8PM 10/30
Note: It is unlawful to retain chum salmon taken in Area 9A prior to October 1 and unlawful to retain chinook salmon at any time. Any salmon not to be retained must be released from the net by cutting the meshes ensnaring the fish.
10, 11: 5PM - 8AM NIGHTLY 10/10, 10/12, 10/14 6 1/4"
5PM - 9AM NIGHTLY 10/17, 10/19, 10/21, 10/24, 10/26, 10/28
4PM - 8AM NIGHTLY 10/31, 11/2, 11/4, 11/7, 11/9, 11/11
12, 12B: 8AM - 8PM 10/19, 10/20, 10/21, 10/26, 10/28, 10/29 6 1/4"
7AM - 7PM 11/1, 11/2, 11/4, 11/9, 11/10, 11/11, 11/16, 11/17, 11/18
12C: 7AM - 7PM 11/9, 11/10, 11/11, 11/16, 11/17, 11/18 6 1/4"
7AM - 6PM 11/23, 11/24, 11/25
All other saltwater and freshwater areas - closed.
Nightly openings refer to the start date.
Within an area or areas, a mesh size restriction remains in effect from the first date indicated until a mesh size change is shown, and the new mesh size restriction remains in effect until changed.

[Statutory Authority: RCW 77.12.047. 03-16-101 (Order 03-179), 220-47-411, filed 8/6/03, effective 9/6/03; 02-16-004 (Order 02-167), 220-47-411, filed 7/25/02, effective 8/25/02; 01-13-056 (Order 01-106), 220-47-411, filed 6/15/01, effective 7/16/01; 00-18-023 (Order 00-172), 220-47-411, filed 8/28/00, effective 9/28/00. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-47-411, filed 11/19/99, effective 12/20/99. 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 03-210, filed 8/20/03, effective 9/20/03)

WAC 220-47-428   Beach seine -- Open periods.   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)
7B 7AM - 7PM Daily 10/11, 10/12, 10/13, 10/14, 10/15, ((10/16, 10/17,)) 10/18, 10/19, 10/20, 10/21, 10/22, ((10/23, 10/24,)) 10/25, 10/26, 10/27, 10/28, 10/29, ((10/30, 10/31,)) 11/1, 11/2, 11/3, 11/4, 11/5, ((11/6, 11/7,)) 11/8, 11/9, 11/10, 11/11, 11/12((, 11/13, 11/14))
12A 7AM - 7PM Daily 8/23, 8/24, 8/25, 8/26, 8/27, ((8/28, 8/29,)) 8/30, 8/31, 9/1, 9/2, 9/3, ((9/4, 9/5,)) 9/6, 9/7, 9/8, 9/9, 9/10, ((9/11, 9/12,)) 9/13, 9/14, 9/15, 9/16, 9/17, ((9/18, 9/19,)) 9/20, 9/21, 9/22, 9/23, 9/24, ((9/25, 9/26,)) 9/27, 9/28, 9/29, 9/30, 10/1((, 10/2, 10/3))
Note: By condition of the salmon experimental beach seine permit, only the following waters of Area 7B and Area 12A are open to beach seine fishing for salmon during the open dates designated in WAC 220-47-428:
Area 7B - Those waters of Area 7B lying northerly and easterly of a line extending from Governors Point to the Red #2 bell buoy to the point where the pipeline from Tilbury Cement Pier contacts the shore.
Area 12A - Those waters of Area 12A lying northerly of a line extending from Whitney Point to the flashing light off Fishermans Point then to Fishermans Point on the Bolton Peninsula((, excluding waters within 1000 feet of the western shoreline, as the shoreline is defined by the mean higher high stage of the tide, between Whitney Point and mouth of the Little Quilcene River)).

It is unlawful to retain chinook taken with beach seine gear in all areas, and unlawful to retain chum from Area 12A.

[Statutory Authority: RCW 77.12.047. 03-18-005 (Order 03-210), 220-47-428, filed 8/20/03, effective 9/20/03; 02-16-004 (Order 02-167), 220-47-428, filed 7/25/02, effective 8/25/02; 01-13-056 (Order 01-106), 220-47-428, filed 6/15/01, effective 7/16/01; 00-18-023 (Order 00-172), 220-47-428, filed 8/28/00, effective 9/28/00. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-47-428, filed 11/19/99, effective 12/20/99. 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 220-47-430 Puget Sound commercial salmon -- Log book required.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office