WSR 97-15-148

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-123--Filed July 23, 1997, 11:32 a.m.]

Date of Adoption: May 30, 1997.

Purpose: Amend coastal harbor salmon net seasons.

Citation of Existing Rules Affected by this Order: Amending WAC 220-36-021, 220-36-023, 220-40-021, and 220-40-027.

Statutory Authority for Adoption: RCW 75.08.080.

Adopted under notice filed as WSR 97-09-097 on April 23, 1997.

Changes Other than Editing from Proposed to Adopted Version: WAC 220-36-023, delete references to Option 1 and Option 3. Option 2 was adopted.

WAC 220-40-027, delete references to Option 1 and Option 3. Option 2 was adopted with following changes to reflect public input:

Removed the maximum mesh size for the period through September 17. This can be done at reasonable cost to the sturgeon and chinook resource in 1997.

Moved the two-day chinook fishery originally scheduled for September 9-11 to September 8-10.

Extended the fishery in Area 2H beyond the October 4 closing date until 6:00 p.m. October 9 using 8-inch minimum mesh, this will provide some additional catch of chinook with a minimal cost to the chum resource.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 4, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 4, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

July 23, 1997

Lisa Pelly, Chairperson

Fish and Wildlife Commission

AMENDATORY SECTION (Amending Order 96-77, filed 6/11/96, effective 7/12/96)

WAC 220-36-021 Salmon--Grays Harbor--Summer fishery. From July 5 through August 15 of ((1996)) 1997, it is unlawful to fish for salmon in Grays Harbor for commercial purposes or to possess salmon taken from those waters for commercial purposes.

[Statutory Authority: RCW 75.08.080. 96-13-035 (Order 96-77), 220-36-021, filed 6/11/96, effective 7/12/96; 95-13-065 (Order 95-76), 220-36-021, filed 6/19/95, effective 7/20/95; 94-13-014 (Order 94-46), 220-36-021, filed 6/3/94, effective 74; 90-18-023 (Order 90-77), 220-36-021, filed 8/24/90, effective 9/24/90; 89-16-056 (Order 89-71), 220-36-021, filed 7/28/89, effective 8/28/89; 88-19-098 (Order 88-116), 220-36-021, filed 9/20/88; 87-21-041 (Order 87-161), 220-36-021, filed 10/14/87; 86-15-016 (Order 86-55), 220-36-021, filed 7/10/86; 85-13-073 (Order 85-64), 220-36-021, filed 6/19/85; 84-15-008 (Order 84-66), 220-36-021, filed 7/6/84; 83-13-054 (Order 83-53), 220-36-021, filed 6/15/83; 82-13-048 (Order 82-63), 220-36-021, filed 6/11/82; 81-13-005 (Order 81-37), 220-36-021, filed 6/8/81; 80-09-072 (Order 80-69), 220-36-021, filed 7/18/80; Order 77-71, 220-36-021, filed 8/18/77; Order 77-44, 220-36-021, filed 6/3/77; Order 76-73, 220-36-021, filed 8/16/76; Order 1221, 220-36-021, filed 7/1/75; Order 1133, 220-36-021, filed 7/19/74.]

AMENDATORY SECTION (Amending Order 96-77, filed 6/11/96, effective 7/12/96)

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

(1) Gill net gear may be used to fish for salmon from 6:00 ((a.m. to 6:00)) p.m. ((each day)) September ((16 through September 20, September 23 through September 27, and September 30, 1996)) 2 to 6:00 p.m. September 4, and 6:00 p.m. September 9 to 6:00 p.m. September 11, 1997, in SMCRA 2C.

(2) Gill net gear may be used to fish for salmon from 6:00 p.m. September 2 to 6:00 p.m. September 4, and 6:00 p.m. September 9 to 6:00 p.m. September 11, 1997, in SMCRA 2D.

(3) Gill net gear shall be used as provided for in WAC 220-36-015, except that it shall not contain mesh smaller than 8 inches.

[Statutory Authority: RCW 75.08.080. 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 74; 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.]

AMENDATORY SECTION (Amending Order 96-77, filed 6/11/96, effective 7/12/96)

WAC 220-40-021 Willapa Bay salmon--Summer fishery. From July 5 through August 15 of ((1996)) 1997, it is unlawful to fish for salmon in Willapa Bay for commercial purposes or to possess salmon taken from those waters for commercial purposes.

[Statutory Authority: RCW 75.08.080. 96-13-035 (Order 96-77), 220-40-021, filed 6/11/96, effective 7/12/96; 95-13-065 (Order 95-76), 220-40-021, filed 6/19/95, effective 7/20/95; 94-13-014 (Order 94-46), 220-40-021, filed 6/3/94, effective 74; 90-18-023 (Order 90-77), 220-40-021, filed 8/24/90, effective 9/24/90; 89-16-056 (Order 89-71), 220-40-021, filed 7/28/89, effective 8/28/89; 88-19-098 (Order 88-116), 220-40-021, filed 9/20/88; 87-21-041 (Order 87-161), 220-40-021, filed 10/14/87; 86-15-016 (Order 86-55), 220-40-021, filed 7/10/86; 85-13-073 (Order 85-64), 220-40-021, filed 6/19/85; 84-15-008 (Order 84-66), 220-40-021, filed 7/6/84; 83-13-054 (Order 83-53), 220-40-021, filed 6/15/83; 82-13-048 (Order 82-63), 220-40-021, filed 6/11/82; 81-13-005 (Order 81-37), 220-40-021, filed 6/8/81; 80-09-072 (Order 80-69), 220-40-021, filed 7/18/80; 79-07-046 (Order 79-43), 220-40-021, filed 6/22/79; 78-09-041 (Order 78-61), 220-40-021, filed 8/18/78; Order 77-71, 220-40-021, filed 8/18/77; Order 77-44, 220-40-021, filed 6/3/77; Order 76-73, 220-40-021, filed 8/16/76; Order 1221, 220-40-021, filed 7/1/75; Order 1133, 220-40-021, filed 7/19/74.]

AMENDATORY SECTION (Amending Order 96-77, filed 6/11/96, effective 7/12/96)

WAC 220-40-027 Salmon--Willapa Bay fall fishery. From 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 p.m. August ((19)) 18 to 6:00 p.m. August ((20)) 19, 6:00 p.m. August ((22)) 21 to 6:00 p.m. August ((23)) 22, 6:00 p.m. August ((28)) 27 to 6:00 p.m. August ((29)) 28, 6:00 p.m. September ((4)) 2 to 6:00 p.m. September ((5)) 4 and 6:00 p.m. September ((11)) 8 to 6:00 p.m. September ((12, 1996)) 10, 1997, in SMCRA ((2J, 2K,)) 2M ((and)), that portion of SMCRA 2G east of a line drawn true north-south through Willapa Channel Entrance Buoy 12, ((and)) 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 ((19)) 16 to 6:00 p.m. October ((14, 1996)) 4, 1997, in SMCRA 2H, 2M and that portion of SMCRA 2G east of a line drawn true north-south through Willapa Channel Entrance Buoy 12 ((and that part of SMCRA 2J north of an east-west line through the north entrance marker to the Nahcotta basin (red flasher no. 2)));

(c) 6:00 p.m. September ((19)) 18 to 6:00 p.m. September ((20)) 19, 6:00 p.m. September ((24)) 22 to 6:00 p.m. September ((25)) 23, 6:00 p.m. September ((26)) 25 to 6:00 p.m. September ((27)) 26, 6:00 p.m. ((October 1)) September 29 to 6:00 p.m. ((October 2, 6:00 p.m. October 3 to 6:00 p.m. October 4, 6:00 p.m. October 8 to 6:00 p.m. October 9)) September 30, and 6:00 p.m. October ((10)) 2 to 6:00 p.m. October ((11, 1996)) 3, 1997, in ((SMCRA 2K, and)) that part of SMCRA 2J ((south)) north of an east-west line through the north entrance marker to the Nahcotta basin (red flasher no. 2).

(d) 6:00 p.m. October 4 to 6:00 p.m. October 9, 1997, in SMCRA 2H.

(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 ((20, the)) 17, there is no maximum mesh size ((is 8-1/2 inches)) limit, and after 6:00 p.m. October 4 the minimum mesh size is 8 inches.