WSR 04-19-066

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-253 -- Filed September 15, 2004, 4:55 p.m. , effective September 15, 2004, 7:01 p.m. ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-606.

Statutory Authority for Adoption: RCW 77.12.047.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: This regulation implements a one day early opening in Area 6D, Dungeness Bay, which constitutes an amendment to the Summer Chum Salmon Conservation Initiative and has been approved in writing by the National Marine Fisheries Service. This earlier opening addresses the possibility that fish may move upriver earlier than in previous years due to wet conditions. In 2003 the fishery opened one week later and much of the run had already passed resulting in poor catches and excess escapement at the hatchery. This fishery is not expected to exceed chinook or summer chum by-catch levels modeled during the preseason process. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 15, 2004.

J. P. Koenings

Director


NEW SECTION
WAC 220-47-607   Puget Sound all-citizen commercial salmon fishery.   Notwithstanding the provisions of Chapter 220-47 WAC, effective immediately until further notice, it is unlawful to take, fish for or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas except in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect:


Lawful gill net gear:

Lawful gill net gear in Puget Sound Areas 7, and 7A, shall not contain meshes of a size less than 5 inches nor greater than 5 1/2 inches. 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.


Lawful purse seine gear:

1) 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.

2) 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 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

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 48 inches, an inside width measurement of 10 inches, and an inside height measurement of 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.

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

(g) 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.

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.


Area 6D:

Skiff Gill Nets - (a) Open to skiff gill nets using 5-inch minimum and 5 1/2-inch maximum mesh from 7:00 a.m. to 7:00 p.m. on the following dates: 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, 10/18, 10/19, 10/20, 10/21, 10/22, 10/25, 10/26, 10/27, 10/28, 10/29.

(b) 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. Any chinook, chum or pink salmon required to be released, must be removed from the net by cutting the meshes ensnaring the fish.


Areas 7 and 7A:

Reef Nets - Open to reef net gear according to the times, dates, and conditions as prescribed and listed here:


TIME DATES
7:00 a.m. to 7:00 p.m. Daily Immediately through November 13

It is unlawful to retain chinook salmon at all times, and it is unlawful to retain chum or wild coho salmon prior to October 1. 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.


Areas 7B:

Purse Seines - Open in Area 7B to purse seines using the 5-inch strip during the following hours and dates.

7:00 a.m. September 19 to 4 p.m. October 23

Gill Nets - Open to gill nets as follows:


Areas Mesh Size Hours Dates
7B 5" minimum 6:00 p.m. September 16 to 8:00 a.m. September 17.

7:00 p.m. September 19 through 8:00 p.m. October 23


Gill Nets - Open to gill nets using 5-inch minimum mesh as follows:

Hours Dates
6:00 p.m. September 19 to 8:00 a.m. September 20

6:00 p.m. September 21 to 8:00 a.m. September 22

6:00 p.m. September 23 to 8:00 a.m. September 24

6:00 p.m. September 26 to 8:00 a.m. September 27

6:00 p.m. September 28 to 8:00 a.m. September 29

6:00 p.m. September 30 to 8:00 a.m. October 1


Area 9A:

Gill Nets - Open to gill nets using 5-inch minimum mesh as follows:

Hours Dates
Immediately through 8:00 p.m. October 30

It is unlawful to retain chum salmon 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.


Area 12A:

Beach Seines - (a) Open to holders of beach seine permits from 7:00 a.m. to 7:00 p.m. on the following dates: 9/16, 9/17, 9/20, 9/21, 9/22, 9/23, 9/24, 9/27, 9/28, 9/29, 9/30, 10/1.

(b) Open in 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.


All Other Saltwater and Freshwater Areas: Closed.

"Quick Reporting" Fisheries:

All fisheries opened under this section, and any fishery openings under authority of the Fraser Panel for sockeye or pink salmon in Areas 7 and 7A are designated as "Quick Reporting Required" fisheries.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 7:01 p.m. September 15, 2004:


WAC 220-47-606 Puget Sound all-citizen commercial salmon fishery. (04-237)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office