EXPEDITED RULES
FISH AND WILDLIFE
Title of Rule: Commercial fishing rules.
Purpose: Amend coastal harbor salmon rules.
Other Identifying Information: These rules are the result of coordinated action between Oregon and Washington.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Summary: Amend salmon seasons for Grays Harbor and Willapa Bay.
Reasons Supporting Proposal: Provide commercial fishing opportunity.
Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2372.
Name of Proponent: Department of Fish and Wildlife, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Each year the North of Falcon proceedings establish ocean salmon seasons, which, in turn establish the coastal harbor escapements and provide guidelines for establishing the coastal harbor salmon seasons. These rules provide fishing opportunity for the gill net fleets in Grays Harbor and Willapa Bay, while preventing harvest on threatened and endangered salmon stocks.
Proposal Changes the Following Existing Rules: Amends
coastal salmon fall fishing seasons.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Evan Jacoby, Department of Fish and Wildlife, 600 Capitol Way, Olympia, WA 98501-1091 , AND RECEIVED BY August 18, 2003.
June 5, 2003
Evan Jacoby
Rules Coordinator
OTS-6464.1
AMENDATORY SECTION(Amending Order 01-104, filed 6/15/01,
effective 7/16/01)
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
(1) Gill net gear may be used to fish for coho and chum
salmon, and sturgeon:
| Time | Areas |
| (( |
|
| 7:00 a.m. October 9 through 3:00 p.m. October 9, and | That portion of Area 2A upstream from the Highway 101 Bridge at Aberdeen. That portion of Area 2D north and east of a line projected due south from the 28th street boat launch to Renney Island then southeasterly to Range Marker G then to the eastern boundary of Area 2D at the Highway 101 Bridge. |
| 7:00 a.m. October 10 through 3:00 p.m. October 10, 2003 | |
(a) Drift gill net gear only. It is unlawful to use set
net gear.
(b) ((Gill net gear shall be used as provided for in WAC 220-36-015, except no)) 6-inch maximum mesh restriction
((September 4 through September 6, 2001)), no more than 55
meshes deep.
(c) Soak time shall not exceed 45 minutes. Soak time, defined as the time elapsed from when the first of the gill net web is deployed into the water until the gill net web is fully retrieved from the water, must not exceed 45 minutes.
(d) Each boat will be required to have two operable recovery boxes or one box with two chambers, on board. Each box shall be operating during any time that the net is being retrieved or picked. The flow in the recover box will be a minimum of 16 gallons per minute in each chamber of the box, not to exceed 20 gallons per minute. Each chamber of the recovery box must meet the following dimensions as measured from within the box; the inside length measurement must be at or within 39 1/2 inches to 48 inches, the inside width measurements must be at or within 8 to 10 inches, and the inside height measurement must be at or within 14 to 16 inches. Each chamber of the recover box must include a water inlet hole between 3/4 inch and 1 inch in diameter, centered horizontally across the door or wall of chamber and 1 3/4 inches from the floor of the chamber. Each chamber of the recovery box must include a water outlet hole opposite the inflow that is at least 1 1/2 inches in diameter. The center of the outlet hole must be located a minimum of 12 inches above the floor of the box or chamber. The fisher must demonstrate to department employees, fish and wildlife enforcement officers, or other peace officers, upon request, that the pumping system is delivering the proper volume of fresh river/bay water into each chamber.
(e) All chinook, nonlegal sturgeon, and steelhead must be handled with care to minimize injury to fish and released immediately to the river/bay or to an operating recovery box.
(f) Any fish that is bleeding or lethargic must be placed in the recovery box prior to being released to the river/bay.
(g) All fish placed in recovery boxes must be released to the river/bay prior to landing or docking.
(h) Quick reporting is required for wholesale dealers, WAC 220-69-240.
(i) Fishers must be willing to take department observers when participating in these openings.
(2) Gill net gear may be used to fish for salmon and sturgeon:
| Time | Areas |
| 6:00 a.m. October 22 through 6:00 p.m. October 22 | Area 2B |
| 6:00 a.m. October 23 through 6:00 p.m. October 23 | |
| 6:00 a.m. October 29 through 6:00 p.m. October 29 | |
| 6:00 a.m. October 30 through 6:00 p.m. October 30, 2003 |
(b) 6 1/2-inch maximum mesh restriction.
(c) Quick reporting required for wholesale dealers.
(d) Fishers must be willing to take department observers when participating in these fisheries.
[Statutory Authority: RCW 77.12.047. 01-13-055 (Order 01-104), § 220-36-023, filed 6/15/01, effective 7/16/01; 00-23-065 (Order 00-240), § 220-36-023, filed 11/15/00, effective 12/16/00. 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-6465.1
AMENDATORY SECTION(Amending Order 02-173, filed 7/26/02,
effective 8/26/02)
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:
| Time | Area |
| 6:00 p.m. (( |
Areas 2G east of a line
drawn true north-south
through Willapa Bay
entrance Day beacon 11,
2M, 2H (( |
| (( |
|
| 6:00 p.m. September (( |
Area 2K |
| 6:00 p.m. September (( |
Areas 2G east of a line drawn true north-south through Willapa Bay entrance Day beacon 11, 2M, 2H, and 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2) |
| 6:00 p.m. October 14
through 6:00 p.m. October
(( |
Areas 2G west of a line drawn true north-south through Willapa Channel Marker 10 and east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach but excluding the area southerly and westerly of a line from Island Sands Light to Ramsey Point, 2M and 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2) |
| Noon, November (( |
Areas 2G, 2H, 2J and 2M |
Gear
(3) Gill net gear restrictions - All areas:
(a) Drift gill net gear only. It is unlawful to use set net gear.
(b) Prior to September 1, ((2002)) 2003 - No maximum mesh
restrictions.
(c) September 1 through ((September 30, 2002)) 5:59 p.m.
October 7, 2003 - 6-inch maximum mesh, no more than 55 meshes
deep. Net must hang straight from top to bottom. Strings may
only be used to secure break away panels.
(d) October ((1)) 7 through October 31, ((2001)) 2003 - 6-1/2 inch maximum mesh.
(e) November 1 through November 30, ((2001)) 2003 - 9-inch minimum mesh.
Other
(4) All wholesale dealers and fishers retailing their
fish will be required to report their landing by 10:00 a.m.
the day following landing. Ticket information can be
telephoned in by calling 1-866-791-1280 or faxing the
information to 360-664-4689 or e-mailing to
harborfishtickets@dfw.wa.gov. Report the dealer name, the
purchasing location, the date of purchase, the fish ticket
numbers, the gear used, the catch area, ((the species. The))
total number for each species and the total weight for each
species.
[Statutory Authority: RCW 77.12.047. 02-16-021 (Order 02-173), § 220-40-027, filed 7/26/02, effective 8/26/02; 01-13-055 (Order 01-104), § 220-40-027, filed 6/15/01, effective 7/16/01; 00-23-065 (Order 00-240), § 220-40-027, filed 11/15/00, effective 12/16/00. 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.]