WSR 00-23-065

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-240 -- Filed November 15, 2000, 2:19 p.m. ]

Date of Adoption: November 15, 2000.

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 77.12.047.

Adopted under notice filed as WSR 00-17-104 on August 16, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 15, 2000

J. P. Koenings

Director

by Larry Peck

OTS-4268.1


AMENDATORY SECTION(Amending Order 99-206, filed 11/30/99, effective 12/31/99)

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 periods


Gill net gear may be used to fish for salmon ((from 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 27, 1999, in SMCRA 2B.)):


Time Areas
6:00 p.m. August 22 through 6:00 p.m. August 25, and
2A and 2D
6:00 p.m. October 1 through 6:00 p.m. October 3, 2000
7:00 a.m. October 30 through 5:00 p.m. October 30, 2000 2B

Gear


Gill net gear shall be used as provided for in WAC 220-36-015, except ((that it shall not contain)) no maximum mesh ((larger than 6 1/2 inches)) restriction August 22 through August 25, 2000.

[Statutory Authority: RCW 75.08.080. 99-24-104 (Order 99-206), 220-36-023, filed 11/30/99, effective 12/31/99. 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-4267.2


AMENDATORY SECTION(Amending Order 99-206, filed 11/30/99, effective 12/31/99)

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 periods


(1) Gill net gear may be used to fish for salmon ((from 7:30 a.m. to 6:30 p.m. October 4, 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 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.)):


Time Area
6:00 p.m. August 21 through 6:00 p.m. August 22 and 6:00 p.m. August 27 through 6:00 p.m. August 28, 2000 Areas 2G east of a line drawn true north-south through Willapa Channel entrance buoy12, 2M, 2H west of Willapa Channel Marker 35, and 2J north of the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
6:00 p.m. September 17 through 6:00 p.m. September 30, 2000 Areas 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12, 2M, 2H west of Willapa Channel Marker 40 and 2J north of the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
6:00 p.m. September 17 through 6:00 p.m. September 18 and 6:00 p.m. September 24 through 6:00 p.m. September 25, 2000 Area 2K
7:30 a.m. October 5 through 6:30 p.m. October 5 and 7:30 a.m. October 12 through 6:30 p.m. October 12, 2000 Areas 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12, 2M, 2H west of Willapa Channel Marker 40, and 2J north of the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
6:00 p.m. October 18 through 6:00 p.m. October 19 and 6:00 p.m. October 25 through 6:00 p.m. October 26, 2000 Areas 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12 and west of Willapa Channel Marker 10 and 2J north of the North Entrance Marker to the Nahcotta Boat Basin (RF #2)

(2) During the fisheries provided for in this section, it is unlawful for fishers to fish between Willapa Channel Markers 35 and 40 or in Area 2K unless the fisher has registered in writing on a department-approved form by September 8, 2000, and the fisher agrees to allow a department observer to be on board during the fishing trip to monitor the catch.

(((2))) (3) 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))) (4) Gill net gear shall be used as provided in WAC 220-40-015 except ((that the)) no maximum mesh size ((is 6 1/2 inches October 4 through October 29, 1999)) before 6:00 p.m. September 22, 2000.

[Statutory Authority: RCW 75.08.080. 99-24-104 (Order 99-206), 220-40-027, filed 11/30/99, effective 12/31/99. 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