WSR 99-24-104

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-206 -- Filed November 30, 1999, 4:53 p.m. ]

Date of Adoption: November 23, 1999.

Purpose: Amend commercial fishing rules.

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

Statutory Authority for Adoption: RCW 75.08.080.

Adopted under notice filed as WSR 99-19-134 on September 21, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

November 29, 1999

J. P. Koenings

Director

by Larry Peck

OTS-3398.1


AMENDATORY SECTION(Amending Order 98-122, filed 7/15/98, effective 8/15/98)

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

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


Gill net gear may be used to fish for salmon from ((6:00 p.m. September 27)) 7:30 a.m. to 6:30 p.m. on October 12, October 13 and October 14, and from 8:00 a.m. to 6:00 p.m. October ((2, 1998)) 27, 1999, in SMCRA ((2C)) 2B.


Gear


Gill net gear shall be used as provided for in WAC 220-36-015, except that it shall not contain mesh larger than 6 1/2 inches.

[Statutory Authority: RCW 75.08.080 and 77.12.040.  98-15-081 (Order 98-122), 220-36-023, filed 7/15/98, effective 8/15/98.  Statutory Authority: RCW 75.08.080.  97-15-148 (Order 97-123), 220-36-023, filed 7/23/97, effective 8/23/97; 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 7/4/94; 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.]

OTS-3399.1


AMENDATORY SECTION(Amending Order 98-122, filed 7/15/98, effective 8/15/98)

WAC 220-40-027
Salmon -- Willapa Bay fall fishery.

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 a.m. to 6:00 p.m. August 19 and 6:00 p.m. August 26 to 6:00 p.m. August 27, 1998, in SMCRA 2M, that portion of SMCRA 2G east of a line drawn true north-south through Willapa Channel Entrance Buoy 12, 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 21 to 6:00 p.m. September 25, 6:00 p.m. September 27 to 6:00 p.m. October 1 and 6:00 p.m.)) 7:30 a.m. to 6:30 p.m. October 4 ((to 6:00 p.m. October 8, 1998, in SMCRA 2H;

(c) 6:00 p.m. September 21 to 6:00 p.m. September 22 6:00 p.m. September 24 to 6:00 p.m. September 25 6:00 p.m. September 28 to 6:00 p.m. September 29, and 6:00 p.m. October 5 to 6:00 p.m. October 6, 1998, in that part of SMCRA 2J north of an east-west line through the north entrance marker to the Nahcotta basin (red flasher no. 2).

(d) 6:00 p.m. September 21 to 6:00 p.m. October 1, and 6:00 p.m. October 4 to 6:00 p.m. October 8, 1998)), 6:00 p.m. October 5 to 6:00 p.m. October 8, 6:00 p.m. October 11 to 6:00 p.m. October 15, 6:00 p.m. October 18 to 6:00 p.m. October 22 and 6:00 p.m. October 25 to 6:00 p.m. October 29, 1999, in ((SMCRA 2M and)) SMCRA 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12 and west of a line drawn true north-south through Willapa Channel Marker 24.

(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 22, there is no maximum mesh size limit, and)) the maximum mesh size is 6 1/2 inches ((September 22)) October 4 through October ((8, 1998)) 29, 1999.

[Statutory Authority: RCW 75.08.080 and 77.12.040.  98-15-081 (Order 98-122), 220-40-027, filed 7/15/98, effective 8/15/98.  Statutory Authority: RCW 75.08.080.  97-15-148 (Order 97-123), 220-40-027, filed 7/23/97, effective 8/23/97; 96-13-035 (Order 96-77), 220-40-027, 6/11/96, effective 7/12/96; 95-13-065 (Order 95-76), 220-40-027, filed 6/19/95, effective 7/20/95; 94-16-017 (Order 94-61), 220-40-027, filed 7/21/94, effective 8/21/94; 93-14-042 (Order 93-54), 220-40-027, filed 6/29/93, effective 7/30/93; 90-18-023 (Order 90-77), 220-40-027, filed 8/24/90, effective 9/24/90; 89-16-056 (Order 89-71), 220-40-027, filed 7/28/89, effective 8/28/89.]

Washington State Code Reviser's Office