WSR 97-16-030

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-124--Filed July 29, 1997, 4:50 p.m.]

Date of Adoption: May 30, 1997.

Purpose: Amend Puget Sound commercial salmon fishing rules, and to adopt methods to ensure survival and provide accounting mechanism of nontargeted salmon.

Citation of Existing Rules Affected by this Order: Amending WAC 220-47-301, 220-47-302, 220-47-304, 220-47-307, 220-47-311, 220-47-319, 220-47-401, 220-47-410, 220-47-411, 220-47-427 and 220-47-428; and new section WAC 220-47-325.

Statutory Authority for Adoption: RCW 75.08.080.

Adopted under notice filed as WSR 97-09-096 and 97-09-104 on April 23, 1997.

Changes Other than Editing from Proposed to Adopted Version: WAC 220-47-301, added language providing for reduced seabird entanglement in seine nets by requiring at least four gaps in the corkline through which birds can escape.

WAC 220-47-302, deleted language requiring gill net "bird strip" beginning in 1997 during Area 7 sockeye/pink fisheries.

WAC 220-47-325, made technical correction to WAC number as the WAC number filed had been previously used. Modified language to address the need of fishers to make an effort to sort fish which are required to be released from the retained catch. Deleted language referring to live-tanks and limiting the number of fish allowed to be brought aboard.

WAC 220-47-410, modified language to clarify fishing hours and added language requiring that all gear must be out of the water and stowed aboard at 12:00 midnight.

WAC 220-47-411, deleted language "Note: In 1997, it shall be unlawful to take or fish for sockeye or pink salmon in Areas 7 or 7A with gill net gear prior to August 1, 1997, and after August 23, 1997."

WAC 220-47-427, modified proposed language in subsection (4)(a) to ". . . except that during the Fraser sockeye and pink salmon species season in Areas 7 and 7A "participation" means . . ."

WAC 220-47-428, modified to correct language in the filing from "During 1996 . . ." to "During 1997 . . ."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 11, repealed 0.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 1, amended 11, repealed 0.

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

July 29, 1997

Lisa Pelly, Chairperson

Fish and Wildlife Commission

AMENDATORY SECTION (Amending Order 87-72, filed 7/14/87)

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 4 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 10 fathoms long and 200 meshes deep 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.

[Statutory Authority: RCW 75.08.080. 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 93-55, filed 6/29/93, effective 7/30/93)

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.

(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. Nets must be retrieved by hand (no hydraulics may be used). ((The skiff from which the net is deployed shall not exceed 20 feet in length.)) 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) All gill net gear used in Puget Sound must have floats or corks of a contrasting color attached in 50-foot intervals along the corkline.

(5) It shall be unlawful to take or fish for salmon with gill net gear beginning in 1998 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.

[Statutory Authority: RCW 75.08.080. 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 96-81, filed 7/22/96, effective 8/22/96)

WAC 220-47-304 Puget Sound--All citizen salmon species seasons. The following are Puget Sound all citizens salmon species seasons listed by area and species:

AREA SPECIES DATE - RANGE

6D: COHO ((9 /22 - 10 /26))

9 /21 - 10 /25

7,7A: FRASER SOCKEYE

AND PINK ((6 /25 - 9 /30))

6 /22 - 9 /27

CHUM ((9 /29 - 11 /16))

9 /28 - 11 /15

7B: CHINOOK ((8 /11 - 9 /7))

8 /10 - 9 /6

COHO ((9 /8 - 10 /26))

9 /7 - 10 /25

CHUM ((10 /27 - 12 /14))

10 /26 - 12 /13

7C: CHINOOK ((8 /11 - 10 /12))

8 /10 - 10 /11

8: PINK 8 /24 - 9 /13

CHUM ((10 /27 - 11 /30))

10 /26 - 11 /29

8A: PINK 8 /3 - 9 /6

CHUM ((10 /20 - 11 /30))

10 /19 - 11 /29

8D: COHO ((9 /22 - 11 /9))

9 /21 - 11 /8

CHUM ((11 /10 - 12 /21))

11 /9 - 12 /20

9A: COHO ((9 /15 - 11 /2))

9 /14 - 11 /1

10, 11: COHO 9 /7 - 10 /11

CHUM ((10 /13 - 11 /30))

10 /12 - 11 /29

((11: COHO 9 /8 - 10 /12

CHUM 10 /13 - 11 /30))

12: CHUM ((10 /20)) - 11 /20

10 /19

12A: COHO ((9 /1 - 10 /12))

8 /31 - 10 /11

12B: CHUM ((10 /27)) - 11 /20

10 /19

12C: CHUM ((10 /27 - 11 /30))

10 /26 - 11 /27

[Statutory Authority: RCW 75.08.080. 96-15-101 (Order 96-81), 220-47-304, filed 7/22/96, effective 8/22/96; 95-13-056 (Order 95-75), 220-47-304, filed 6/16/95, effective 7/17/95; 94-15-001 (Order 94-62), 220-47-304, filed 7/6/94, effective 8/; 93-14-041 (Order 93-55), 220-47-304, filed 6/29/93, effective 7/30/93; 92-15-105 (Order 92-47), 220-47-304, filed 7/20/92, effective 8/20/92; 91-18-024 (Order 91-72), 220-47-304, filed 8/27/91, effective 9/27/91; 90-13-025 (Order 90-49), 220-47, filed 6/11/90, effective 7/12/90; Order 988, 220-47-304, filed 4/28/72.]

AMENDATORY SECTION (Amending Order 96-81, filed 7/22/96, effective 8/22/96)

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 75.12.140:

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 1,000 feet of each mouth of the Dungeness River. Through October 4, 1997, closed in those waters within 1,000 feet of shore between the Dungeness Oyster House and a fish and wildlife boundary marker 1,000 feet east of the easternmost 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 Edith Point on Fidalgo Island to the Dennis Shoal Light, thence to the light on the westernmost point of Burrows Island, thence to the southwesternmost point of Fidalgo Head.

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 - 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.

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 75.08.080. 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/; 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, 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 96-81, filed 7/22/96, effective 8/22/96)

WAC 220-47-311 Purse seine--Open periods. During ((1996)) 1997, 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 TIME DATE

7, 7A: 6AM 10 /28 - 8PM 10 /29

6AM 11 /04 - 8PM 11 /06

6AM 11 /12 - 8PM 11 /14

6AM 11 /17 - 8PM 11 /23

7B: 6AM 9 /09 - 4PM 9 /11

6AM 9 /15 - 4PM 11 /09

6AM 11 /11 - 4PM 11 /15

6AM 11 /18 - 4PM 11 /22

6AM 11 /25 - 4PM 11 /29

6AM 12 /02 - 4PM 12 /06

6AM 12 /09 - 4PM 12 /13

8: 7AM - 5PM 11 /13

6AM 11 /18 - 8PM 11 /19

6AM 11 /25 - 8PM 11 /27

8A: 6AM 10 /21 - 8PM 10 /22

6AM 10 /28 - 8PM 10 /29

6AM 11 /04 - 8PM 11 /06

6AM 11 /12 - 8PM 11 /14

6AM 11 /18 - 8PM 11 /20

6AM 11 /25 - 8PM 11 /27

8D: 7AM - 7PM 9 /30, 10/01,

10 /02, 10/03,

10 /08, 10/09,

10 /10, 10/11

7AM - 6PM 10 /14, 10/15,

10 /16, 10/17

6AM 10 /21 - 8PM 10 /22

6AM 10 /28 - 8PM 10 /29

6AM 11 /04 - 8PM 11 /06

6AM 11 /12 - 8PM 11 /14

6AM 11 /18 - 8PM 11 /20

6AM 11 /25 - 8PM 11 /27

10: 7AM - 6PM 10 /21

7AM - 5PM 10 /29, 11/04,

11 /13, 11/18

11: 7AM - 6PM 10 /21

7AM - 5PM 10 /29, 11/04,

11 /13, 11/18

12, 12B: 7AM - 5PM 11 /04, 11/05,

11 /13, 11/14,

11 /18, 11/19

12C: 7AM - 5PM 11 /18, 11/19,

11 /26, 11/27

It is unlawful to retain coho and chinook salmon taken with purse seine gear in areas 8, 12, 12B and 12C. All other saltwater and freshwater areas - closed.))

AREA TIME DATE TIME DATE

7, 7A: 7AM - 6PM 10 /20, 10/21,

10 /29, 10/30,

6AM - 5PM 11 /03, 11/12,

11 /13

7B: 6AM 9 /08 - 4PM 9 /12

6AM 9 /15 - 4PM 9 /19

6AM 9 /21 - 4PM 11 /01

6AM 11 /03 - 4PM 11 /07

6AM 11 /10 - 4PM 11 /14

6AM 11 /17 - 4PM 11 /21

6AM 11 /24 - 4PM 11 /28

6AM 12 /01 - 4PM 12 /05

6AM 12 /08 - 4PM 12 /12

8: 5AM - 9PM 8 /25, 8/26

6AM - 8PM 9 /04, 9/05,

9 /08, 9/09 7AM - 6PM 10 /28

7AM - 5PM 11 /03, 11/04,

11 /12, 11/17

8A: 7AM - 6PM 10 /29, 10/30

7AM - 5PM 11 /03, 11/04,

11 /12, 11/13,

11 /17, 11/18,

11 /24, 11/25,

11 /26

8D: 7AM - 7PM 9 /22, 9/23,

9 /24, 9/25,

9 /30, 10/01,

10 /02, 10/03,

10 /06, 10/07,

10 /08, 10/09,

10 /14, 10/15,

10 /16, 10/17,

10 /20, 10/21,

10 /22, 10/23

7AM - 6PM 10 /29, 10/30

7AM - 5PM 11 /03, 11/04,

11 /12, 11/13,

11 /17, 11/18,

11 /24, 11/25,

11 /26

10, 11: 7AM - 6PM 10 /20, 10/28

7AM - 5PM 11 /03, 11/12,

11 /17

12, 12B: 7AM - 6PM 10 /20, 10/21,

10 /28, 10/29

7AM - 5PM 11 /03, 11/04,

11 /12, 11/17

It is unlawful to retain chinook salmon taken with purse seine gear in Areas 7, 7B, 8, 8A, 12, 12B and 12C. It is unlawful to retain chinook salmon taken with purse seine gear in Area 7A from October 1 to November 30, 1997. It is unlawful to retain coho salmon taken with purse seine gear in Area 8A. All other saltwater and freshwater areas - closed.

[Statutory Authority: RCW 75.08.080. 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/; 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, 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 92-47, filed 7/20/92, effective 8/20/92)

WAC 220-47-319 Special purse seine mesh size. It shall be unlawful to take, fish for or possess salmon taken with purse seine gear in any Puget Sound Salmon Management and Catch Reporting Area exclusive of ((Fraser Panel)) sockeye and pink salmon management unless said purse seine gear is constructed so that the first 100 meshes below the corkline that are within 75 fathoms of the bunt, excluding the bunt, are of a size not less than 5 inches stretch measure.

[Statutory Authority: RCW 75.08.080. 92-15-105 (Order 92-47), 220-47-319, filed 7/20/92, effective 8/20/92; 91-18-024 (Order 91-72), 220-47-319, filed 8/27/91, effective 9/27/91; 90-13-025 (Order 90-49), 220-47-319, filed 6/11/90, effective 790; 85-13-032 (Order 85-60), 220-47-319, filed 6/12/85; 84-13-078 (Order 84-53), 220-47-319, filed 6/21/84; 80-10-058 (Order 80-83), 220-47-319, filed 8/6/80; Order 77-14, 220-47-319, filed 4/15/77; Order 1066, 220-47-319, filed 7/19/73; Order 988, 220-47-319, filed 4/28/72.]

NEW SECTION

WAC 220-47-325 Purse seine--Release of incidentally caught fish. 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.

[]

AMENDATORY SECTION (Amending Order 96-81, filed 7/22/96, effective 8/22/96)

WAC 220-47-401 Reef net open periods. ((During 1996, it is unlawful to take, fish for or possess salmon taken with reef net gear for commercial purposes in Puget Sound.)) During 1997, 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 9/15 - 9/19

9/22 - 9/26

9/29 - 10/3

10/6 - 10/10

10/13- 10/17

10/20 - 10/24

10/27 - 10/31

11/3 - 11/7

All other saltwater and freshwater areas - closed.

[Statutory Authority: RCW 75.08.080. 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/; 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, 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.]

NEW SECTION

WAC 220-47-410 Gill net--Daily hours. It shall be unlawful to take or fish for sockeye or pink salmon in Areas 7 or 7A with gill net gear from 12:00 midnight to 1.5 hours after sunrise. In 1997, it shall be unlawful to take or fish for sockeye or pink salmon in areas 7 or 7A with gill net gear except within the following daily hours:

Week Open at or Close at or

after . . . before . . .

6/29/97 - 7/ 5/97 6:45 am 12:00 midnight,

7/ 6/97 - 7/12/97 6:50 am at which time

7/13/97 - 7/19/97 6:55 am all gear must

7/20/97 - 7/26/97 7:05 am be out of the

7/27/97 - 8/ 2/97 7:10 am water and

8/ 3/97 - 8/ 9/97 7:20 am stowed aboard.

8/10/97 - 8/16/97 7:30 am

8/17/97 - 8/23/97 7:40 am

8/24/97 - 8/30/97 7:50 am

[]

AMENDATORY SECTION (Amending Order 96-81, filed 7/22/96, effective 8/22/96)

WAC 220-47-411 Gill net--Open periods. During ((1996)) 1997, 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)

6D: 7AM - 7PM DAILY 10/1 - 10/4

10/7 - 10/11

10/14 - 10/18

10/21 - 10/25

Note: Area 6D skiff gill net only. It is unlawful to retain chinook salmon taken in Area 6D.

7, 7A: 6AM 10 /28 - 8PM 10/29

6AM 11 /4 - 8PM 11/6

6AM 11 /12 - 8PM 11/14

6AM 11 /17 - 8PM 11/23

7B: 7PM - 8AM NIGHTLY 8/19, 8/26, 9/3

6AM 9 /9 - 4PM 9/11

6AM 9 /15 - 4PM 11/9

6AM 11 /11 - 4PM 11/15

6AM 11 /18 - 4PM 11/22

6AM 11 /25 - 4PM 11/29

6AM 12 /2 - 4PM 12/6

6AM 12 /9 - 4PM 12/13

7C: 7PM - 8AM NIGHTLY 8/19, 8/26, 9/3

8: 4PM 11 /12 - 8AM 11/13

6AM 11 /18 - 8PM 11/19

6AM 11 /25 - 8PM 11/27

8A: 6AM 10 /21 - 8PM 10/22

6AM 10 /28 - 8PM 10/29

6AM 11 /4 - 8PM 11/6

6AM 11 /12 - 8PM 11/14

6AM 11 /18 - 8PM 11/20

6AM 11 /25 - 8PM 11/27

8D: 6PM - 8AM NIGHTLY 9/30, 10/1, 10/2, 10/3, 10/7, 10/8, 10/9, 10/10

5PM - 8AM NIGHTLY 10/14, 10/15, 10/16, 10/17

6AM 10 /21 - 8PM 10/22

6AM 10 /28 - 8PM 10/29

6AM 11 /4 - 8PM 11/6

6AM 11 /12 - 8PM 11/14

6AM 11 /18 - 8PM 11/20

6AM 11 /25 - 8PM 11/27

9A: 6AM 9 /16 - 4PM 9/20

6AM 9 /23 - 4PM 9/27

6AM 9 /30 - 4PM 10/4

6AM 10 /7 - 4PM 10/11

6AM 10 /14 - 4PM 10/18

6AM 10 /21 - 4PM 10/25

6AM 10 /28 - 4PM 11/1

10: 5PM 10 /21 - 8AM 10/22

4PM - 8AM NIGHTLY 10/28, 11/4, 11/12, 11/18

11: 5PM 10 /21 - 8AM 10/22

4PM - 8AM NIGHTLY 10/28, 11/4, 11/12, 11/18

12, 12B: 4PM - 8AM NIGHTLY 11/4, 11/5, 11/12, 11/13, 11/18, 11/19

12C: 4PM - 8AM NIGHTLY 11/18, 11/19, 11/25, 11/26

All other saltwater and freshwater areas - closed.

Nightly openings refer to the start date.))

AREA TIME - DATE(S)

6D: 7AM - 8PM 9/29, 9/30, 10/1,

10/2, 10/3, 10/6, 10/7,

10/8, 10/9, 10/10

7AM - 7PM 10/13, 10/14, 10/15,

10/16, 10/17, 10/20,

10/21, 10/22, 10/23,

10/24

Note: Area 6D skiff gill net only. It is unlawful to retain chinook or pink salmon in Area 6D.

7, 7A: 7AM - 7PM 10/23, 10/29

7AM - 6PM 10/27, 10/28,

11/4, 11/10, 11/11

7B: 7PM - 9AM NIGHTLY 8/18, 8/25, 8/26, 9/2

6AM 9 /8 - 4PM 9/12

6AM 9 /15 - 4PM 9/19

6AM 9 /21 - 4PM 11/1

6AM 11 /3 - 4PM 11/7

6AM 11 /10 - 4PM 11/14

6AM 11 /17 - 4PM 11/21

6AM 11 /24 - 4PM 11/28

6AM 12 /1 - 4PM 12/5

6AM 12 /8 - 4PM 12/12

7C: 7PM - 9AM NIGHTLY 8/18, 8/25, 8/26, 9/2

8: 6AM - 9PM 8/27, 8/28, 9/2,

9/3, 9/10, 9/11

7AM - 6PM 10/27, 11/5, 11/6,

11/10, 11/18

8A: 7AM - 6PM 10/27, 10/28, 11/5,

11/6, 11/10, 11/11, 11/19, 11/20

7AM - 5PM 11/22, 11/23, 11/24

8D: 6PM - 8AM NIGHTLY 9/22, 9/23, 9/24, 9/25, 9/29, 9/30, 10/1, 10/2, 10/6, 10/7, 10/8, 10/9, 10/13, 10/14, 10/15, 10/16, 10/20, 10/21, 10/22, 10/23

7AM - 6PM 10/27, 10/28, 11/5, 11/6, 11/10, 11/11, 11/19, 11/20

7AM - 5PM 11/22, 11/23, 11/24

9A: 6AM 9 /14 through 4PM 11/1

10, 11: 5PM - 8AM NIGHTLY 10/20, 10/27

4PM - 8AM NIGHTLY 11/3, 11/10, 11/17

12, 12B: 5PM - 8AM NIGHTLY 10/20, 10/21, 10/27, 10/28

4PM - 8AM NIGHTLY 11/3, 11/4, 11/10, 11/17

All other saltwater and freshwater areas - closed.

Nightly openings refer to the start date.

[Statutory Authority: RCW 75.08.080. 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/; 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, 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 96-152, filed 9/12/96, effective 10/13/96)

WAC 220-47-427 Puget Sound--Beach seine--Emerging commercial fishery--Eligibility--Lawful gear. (1) The Puget Sound beach seine salmon fishery is designated as an emerging commercial fishery for which a vessel is required. An emerging commercial fishery license and an experimental fishery permit are required to participate in this fishery.

(2) The department will issue five Quilcene Bay salmon beach seine experimental fishery permits (Quilcene permits). ((In order to be eligible to apply for a Quilcene permit, a person must be a current holder of a salmon gill net--Puget Sound fishery license or a salmon purse seine fishery license. Only the owner of the license is eligible to apply.))

(3) The following is the selection process the department will use to offer a Quilcene permit.

(a) ((The department will accept applications for a Quilcene permit until 5:00 p.m. on the fourteenth day prior to the opening of the fishery provided for in WAC 220-47-428.)) Persons who held a Quilcene Bay salmon beach seine experimental fishery permit in 1996 will be eligible for a permit in 1997.

(b) The department ((will pool the applications received from gill net fishers and from purse seine fishers separately. The names of two gill net fishers and two purse seine fishers will be drawn randomly. The two pools will be combined and a fifth name will be drawn at random. If there are insufficient names in either pool, the selection will default to the other gear group.

(c) Successful applicants will be notified immediately, and will have seven working days from the date of selection to purchase the license. If the license has not been purchased by the close of business on the seventh working day or the applicant wishes not to be a participant, another name will be drawn from the respective pool or combined pool)) established a pool of applicants by drawing on September 9, 1996. The pool established by this drawing will be maintained to replace any permit(s) which may be voided.

(4) ((Successful applicants)) Permit holders are required to participate in the Quilcene Bay salmon beach seine experimental fishery.

(a) For purposes of this section, "participation" means the holder of the Quilcene permit being aboard the designated vessel in the open fishery area four days each week during the open fishing period, except that during the Fraser sockeye and pink salmon species season in Areas 7 and 7A "participation" means the holder of the Quilcene permit being aboard the designated vessel in the open fishery area two days each week during the open fishing period.

(b) If the Quilcene permit holder fails to participate, the Quilcene permit issued to that fisher will be void and a new Quilcene permit will be reissued through a random drawing from the applicant pool ((of the voided permit holder)) established in 1996.

(c) The department may require proof of participation by registering with state, federal or tribal officials each day the Quilcene permit holder participates.

(d) Persons who participate, but violate conditions of a Quilcene permit, will have the permit voided and a new Quilcene permit will be reissued through a random drawing from the pool of the voided permit holder. Chum salmon may not be retained by a Quilcene permit holder. Chum salmon must be released alive, or, at the direction of federal or state officials, submitted for broodstock purposes.

(5) Any person who fails to purchase the license, fails to participate, or violates the conditions of a Quilcene permit will have his or her name permanently withdrawn from the pools.

(6) It is unlawful to take salmon with beach seine gear that does not meet the requirements of this subsection.

(a) Beach seine salmon nets in Puget Sound shall not exceed 600 feet in length or 100 meshes in depth, or contain meshes of a size less than 3 inches or greater than 4 inches.

(b) Mesh webbing must be constructed with a twine size no smaller than 210/30d nylon, 12 thread cotton, or the equivalent diameter in any other material.

[Statutory Authority: RCW 75.08.080. 96-19-049 (Order 96-152), 220-47-427, filed 9/12/96, effective 10/13/96.]

AMENDATORY SECTION (Amending Order 96-81, filed 7/22/96, effective 8/22/96)

WAC 220-47-428 Beach seine--Open periods. During ((1996)) 1997, 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)

((12A 7AM - 7PM Daily 9/23, 9/24, 9/25, 9/26, 9/27, 9/30, 10/1, 10/2, 10/3, 10/4, 10/7, 10/8, 10/9, 10/10, 10/11))

12A: 7AM - 7PM 9/2, 9/3, 9/4, 9/5, 9/8, 9/9, 9/10, 9/11, 9/12, 9/15, 9/16, 9/17, 9/18, 9/19, 9/22, 9/23, 9/24, 9/25, 9/26, 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