WSR 04-21-018

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-279 -- Filed October 12, 2004, 4:34 p.m. , effective October 12, 2004, 11:59 p.m. ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-41100V; and amending WAC 220-47-411.

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 the coho and chinook nonretention, recovery box use and best fishing practices certification requirements agreed upon as part of the North of Falcon fishery planning meetings, but not included in the permanent rule package by omission. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 12, 2004.

Jim Lux

for Jeff Koenings

Director


NEW SECTION
WAC 220-47-41100V   Gill net -- Open periods.   (1) Notwithstanding the provisions of Chapter 220-47-311 WAC, effective 11:59 p.m. October 12 through November 5, 2004, it is unlawful to take, fish for or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A 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 for all other catch reporting areas remain in effect:


AREA TIME - DATE(S) MINIMUM MESH
7, 7A: 7AM - 8PM 10/13, 10/14, 10/20,

10/21, 10/27, 10/28

6 1/4"
7AM - 7PM 11/3, 11/4

(2) Fishing vessel operators must be in possession of a "Fish Friendly" Best Fishing Practices certification card documenting attendance of a Best Fishing Practices workshop to participate in any area 7 or 7A salmon fishery.

(3) 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.

(4) Prior to October 20 all coho and chinook salmon must be released if vigorous or if lethargic or injured placed in an operating recovery box until they appear recovered of death occurs. Both recovered and deceased fish must be released.

(5) 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;

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

(7) 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;

[]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


The following section of the Washington Administrative Code is repealed effective 11:59 p.m. November 5, 2004:


WAC 220-47-41100V Gill net -- Open periods.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office