WASHINGTON STATE REGISTER

WSR 03-13-146

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 18, 2003, 11:58 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-09-121.

Title of Rule: Commercial fishing rules.

Purpose: Amend Puget Sound gill net rules.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Establish 2003 Puget Sound gill net rules.

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, 902-2373.

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: The North of Falcon process establishes the ocean and Puget Sound commercial salmon seasons through a deliberative process that involves public participation and consensual agreement on dates and times. At the conclusion of the 2003 North of Falcon meetings, there was not agreement by the purse seine vessel owners to the gill net seasons. They have requested the gill net seasons be brought before the commission.

Proposal Changes the Following Existing Rules: Amend Puget Sound gill net seasons.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement
1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: None.

2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None required.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: No costs above current costs of commercial gill net fishing.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No - no sales or revenue losses anticipated.

5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:

a. Cost per employee;

b. Cost per hour of labor; or

c. Cost per one hundred dollars of sales.

No costs.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: No costs.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: Rules will be developed and reviewed through the public rule process under the auspices of the Washington Fish and Wildlife Commission.

8. A List of Industries That Will Be Required to Comply with the Rule: Gill net fishers.

A copy of the statement may be obtained by writing to Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155.

RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Hampton Inn/Fox Hall, 3985 Bennett Drive, Bellingham, WA 98225, on August 1-2, 2003, begins at 8:00 a.m. on August 1, 2003.

Assistance for Persons with Disabilities: Contact Susan Yeager by July 18, 2003, TDD (360) 902-2207 or (360) 902-2267.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by July 25, 2003.

Date of Intended Adoption: August 1, 2003.

June 18, 2003

Evan Jacoby

Rules Coordinator

OTS-6482.2

AMENDATORY SECTION(Amending Order 02-167, filed 7/25/02, effective 8/25/02)

WAC 220-47-411 Gill net -- Open periods. 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) MINIMUM MESH

6D: 7AM - 7PM ((~~9/23, 9/24, 9/25, 9/26, 9/27~~)) 9/29, 9/30, 10/1, 10/2, 10/3, ((~~10/4~~)) 10/6, 10/7, 10/8, 10/9, 10/10, ((~~10/11~~)) 10/13, 10/14, 10/15, 10/16, 10/17, ((~~10/18~~)) 10/20, 10/21, 10/22, 10/23, 10/24, ((~~10/25~~)) 10/27, 10/28, 10/29, 10/30, 10/31 5"

Note: In Area 6D it is unlawful to use other than 5-inch minimum and 5 1/2-inch maximum mesh in the skiff gill net fishery. It is unlawful to retain chinook or pink salmon taken in Area 6D at any time, or any chum salmon taken in Area 6D prior to October 16. In Area 6D, any chinook, chum or pink salmon required to be released, must be removed from the net by cutting the meshes ensnaring the fish.

7, 7A: 7AM - 8PM ((~~10/21~~)) 10/15, 10/22 6 1/4"

Note: In Areas 7 and 7A after September 30 but prior to October 20, it is unlawful to use a net soak time of more than 45 minutes. Net soak time is defined as the time elapsed from when the first of the gill net web enters the water until the gill net is fully retrieved from the water.

7AM - 7PM ((~~10/29~~)) 10/30, 11/5 6 1/4"

7B/7C: 7PM - 8AM NIGHTLY ((~~8/22, 8/28, 8/29, 9/4, 9/5~~)) 8/18, 8/24, 8/26, 8/28, 8/31, 9/2, 9/4 7"

7B: ((~~6AM 9/10~~)) 7PM - ((~~8PM 9/12~~)) 9AM NIGHTLY 9/7, 9/9, 9/11 5"

((~~6AM 9/17~~)) 6PM - ((~~8PM 9/19~~)) 8AM NIGHTLY 9/14, 9/16, 9/18

7AM ((~~9/22~~)) 9/21 - ((~~8PM 10/26~~)) 4PM 10/25

7AM ((~~10/28~~)) 10/27 - 4PM ((~~11/1~~)) 10/31 6 1/4"

7AM ((~~11/4~~)) 11/3 - 4PM ((~~11/8~~)) 11/7

7AM ((~~11/12~~)) 11/10 - 4PM ((~~11/15~~)) 11/14

7AM ((~~11/18~~)) 11/17 - 4PM ((~~11/22~~)) 11/21

7AM ((~~11/25~~)) 11/24 - 4PM ((~~11/29~~)) 11/28

8AM ((~~12/2~~)) 12/1 - 4PM ((~~12/6~~)) 12/5

Note: That portion of Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor is open to gill nets using 6 1/4-inch minimum mesh beginning 12:01AM on the last day in October and is open until 4:00 PM on the first Friday in December.

8: ((~~7AM~~)) 6AM - ((~~7PM~~)) 8PM ((~~10/31, 11/1, 11/6, 11/7, 11/8, 11/13, 11/14, 11/15~~)) 8/28, 9/3 ((~~6 1/4"~~)) 5"

Note: In Area 8 openings it is unlawful to use other than 5 inch minimum mesh, maximum 60 meshes in depth.

7AM - 7PM 11/6 6 1/4"

8A: ((~~7AM~~)) 7PM - ((~~8PM~~)) 8AM ((~~10/23, 10/24~~)) NIGHTLY 8/18, 8/20, 8/25, 8/27 6 1/4"

Note: In Area 8A openings on 8/18, 8/20, 8/25, and 8/27, it is unlawful to use other than 5 inch minimum and 5 1/2-maximum mesh gill nets.

((~~7AM~~)) 6PM - ((~~7PM~~)) 8AM ((~~10/28, 10/29~~)) NIGHTLY 10/7

((~~7AM~~)) 5PM - ((~~7PM~~)) 8AM ((~~11/6, 11/7, 11/12, 11/13~~)) NIGHTLY 10/12, 10/14, 10/16, 10/19, 10/21, 10/23

((~~7AM~~)) 4PM - ((~~6PM~~)) 8AM ((~~11/20, 11/21, 11/25, 11/26, 11/27~~)) NIGHTLY 10/27, 10/28, 10/29, 10/30, 11/2, 11/4, 11/6, 11/10, 11/11, 11/12, 11/13, 11/16, 11/18, 11/20, 11/24, 11/25, 11/26, 11/27

8D: ((~~7AM~~)) 6PM - ((~~7PM~~)) 8AM ((~~10/28, 10/29, 11/6, 11/7~~)) NIGHTLY 9/21, 9/23, 9/25, 9/28, 9/30, 10/2, 10/5, 10/7, 10/9, 10/12, 10/14, 10/16, 10/19, 10/21, 10/23 5"

((~~7AM~~)) 4PM - ((~~7PM~~)) 8AM ((~~11/12, 11/13, 11/14, 11/15~~)) NIGHTLY 10/27, 10/28, 10/29, 10/30, 11/2, 11/4, 11/6, 11/10, 11/11, 11/12, 11/13, 11/16, 11/18, 11/20, 11/24, 11/25, 11/26, 11/27 6 1/4"

((~~7AM~~ - ~~6PM~~ ~~11/18, 11/19, 11/20, 11/21, 11/22, 11/25, 11/26, 11/27, 11/29~~))

9A: 6AM ((~~9/1~~)) - ((~~4PM 11/2~~)) 9PM 8/26, 8/28 5"

6AM 8/31 - 4PM 10/25

Note: It is unlawful to retain chum salmon taken in Area 9A prior to October 1 and unlawful to retain chinook salmon at any time. Any ((~~chum~~)) salmon ((~~netted prior to October 1~~)) not to be retained must be released from the net by cutting the meshes ensnaring the fish. Logbooks required in accordance with WAC 220-47-430.

10, 11: 5PM - 8AM ((~~10/22~~)) NIGHTLY 10/12, 10/14, 10/16, 10/19, 10/21, 10/23 6 1/4"

4PM - 8AM ((~~10/27, 10/28, 11/5, 11/12~~)) NIGHTLY 10/26, 10/28, 10/30, 11/2, 11/4, 11/6, 11/9, 11/11, 11/13

12, 12B: 7AM - 8PM ((~~10/22~~)) 10/21, 10/22, 10/23 6 1/4"

7AM - 7PM 10/28, ((~~11/5, 11/12, 11/13~~)) 10/30, 10/31, 11/3, 11/4, 11/6, 11/11, 11/12, 11/13

7AM - 6PM 11/18, 11/19, 11/20

Note: It is unlawful to fish for or possess salmon taken with gill net gear in that part of Area 12B south of a line from Quatsap Point to Hood Point on the following dates: 10/22, 10/23, 10/30, 10/31, 11/3, 11/4, 11/12, 11/13, 11/19, and 11/20.

12C: 7AM - 7PM ((~~11/12~~)) 11/11. Openings on these dates are subject to further discussions with tribe. If openings do occur, they will be by emergency regulation. 6 1/4"

7AM - 6PM ((~~11/19~~)) 11/18, 11/25. Openings on these dates are subject to further discussions with tribe. If openings do occur, they will be by emergency regulation.

All other saltwater and freshwater areas - closed.

Nightly openings refer to the start date.

Within an area or areas, a mesh size restriction remains in effect from the first date indicated until a mesh size change is shown, and the new mesh size restriction remains in effect until changed.

[Statutory Authority: RCW 77.12.047. 02-16-004 (Order 02-167), § 220-47-411, filed 7/25/02, effective 8/25/02; 01-13-056 (Order 01-106), § 220-47-411, filed 6/15/01, effective 7/16/01; 00-18-023 (Order 00-172), § 220-47-411, filed 8/28/00, effective 9/28/00. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), § 220-47-411, filed 11/19/99, effective 12/20/99. Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), § 220-47-411, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 97-16-030 (Order 97-124), § 220-47-411, filed 7/29/97, effective 8/29/97; 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 8/6/94; 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), § 220-47-411, 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.]

Legislature

Code Reviser

Register

AREA	TIME	-		DATE(S)	MINIMUM MESH
6D:	7AM	-	7PM	((~~9/23, 9/24, 9/25, 9/26, 9/27~~)) 9/29, 9/30, 10/1, 10/2, 10/3, ((~~10/4~~)) 10/6, 10/7, 10/8, 10/9, 10/10, ((~~10/11~~)) 10/13, 10/14, 10/15, 10/16, 10/17, ((~~10/18~~)) 10/20, 10/21, 10/22, 10/23, 10/24, ((~~10/25~~)) 10/27, 10/28, 10/29, 10/30, 10/31	5"
Note: In Area 6D it is unlawful to use other than 5-inch minimum and 5 1/2-inch maximum mesh in the skiff gill net fishery. It is unlawful to retain chinook or pink salmon taken in Area 6D at any time, or any chum salmon taken in Area 6D prior to October 16. In Area 6D, any chinook, chum or pink salmon required to be released, must be removed from the net by cutting the meshes ensnaring the fish.
7, 7A:	7AM	-	8PM	((~~10/21~~)) 10/15, 10/22	6 1/4"
Note: In Areas 7 and 7A after September 30 but prior to October 20, it is unlawful to use a net soak time of more than 45 minutes. Net soak time is defined as the time elapsed from when the first of the gill net web enters the water until the gill net is fully retrieved from the water.
	7AM	-	7PM	((~~10/29~~)) 10/30, 11/5	6 1/4"
7B/7C:	7PM	-	8AM	NIGHTLY ((~~8/22, 8/28, 8/29, 9/4, 9/5~~)) 8/18, 8/24, 8/26, 8/28, 8/31, 9/2, 9/4	7"
7B:	((~~6AM 9/10~~)) 7PM	-	((~~8PM 9/12~~)) 9AM	NIGHTLY 9/7, 9/9, 9/11	5"
	((~~6AM 9/17~~)) 6PM	-	((~~8PM 9/19~~)) 8AM	NIGHTLY 9/14, 9/16, 9/18
	7AM ((~~9/22~~)) 9/21	-	((~~8PM 10/26~~)) 4PM	10/25
	7AM ((~~10/28~~)) 10/27	-	4PM ((~~11/1~~)) 10/31		6 1/4"
	7AM ((~~11/4~~)) 11/3	-	4PM ((~~11/8~~)) 11/7
	7AM ((~~11/12~~)) 11/10	-	4PM ((~~11/15~~)) 11/14
	7AM ((~~11/18~~)) 11/17	-	4PM ((~~11/22~~)) 11/21
	7AM ((~~11/25~~)) 11/24	-	4PM ((~~11/29~~)) 11/28
	8AM ((~~12/2~~)) 12/1	-	4PM ((~~12/6~~)) 12/5
Note: That portion of Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor is open to gill nets using 6 1/4-inch minimum mesh beginning 12:01AM on the last day in October and is open until 4:00 PM on the first Friday in December.
8:	((~~7AM~~)) 6AM	-	((~~7PM~~)) 8PM	((~~10/31, 11/1, 11/6, 11/7, 11/8, 11/13, 11/14, 11/15~~)) 8/28, 9/3	((~~6 1/4"~~)) 5"
Note: In Area 8 openings it is unlawful to use other than 5 inch minimum mesh, maximum 60 meshes in depth.
	7AM	-	7PM	11/6	6 1/4"
8A:	((~~7AM~~)) 7PM	-	((~~8PM~~)) 8AM	((~~10/23, 10/24~~)) NIGHTLY 8/18, 8/20, 8/25, 8/27	6 1/4"
Note: In Area 8A openings on 8/18, 8/20, 8/25, and 8/27, it is unlawful to use other than 5 inch minimum and 5 1/2-maximum mesh gill nets.
	((~~7AM~~)) 6PM	-	((~~7PM~~)) 8AM	((~~10/28, 10/29~~)) NIGHTLY 10/7
	((~~7AM~~)) 5PM	-	((~~7PM~~)) 8AM	((~~11/6, 11/7, 11/12, 11/13~~)) NIGHTLY 10/12, 10/14, 10/16, 10/19, 10/21, 10/23
	((~~7AM~~)) 4PM	-	((~~6PM~~)) 8AM	((~~11/20, 11/21, 11/25, 11/26, 11/27~~)) NIGHTLY 10/27, 10/28, 10/29, 10/30, 11/2, 11/4, 11/6, 11/10, 11/11, 11/12, 11/13, 11/16, 11/18, 11/20, 11/24, 11/25, 11/26, 11/27
8D:	((~~7AM~~)) 6PM	-	((~~7PM~~)) 8AM	((~~10/28, 10/29, 11/6, 11/7~~)) NIGHTLY 9/21, 9/23, 9/25, 9/28, 9/30, 10/2, 10/5, 10/7, 10/9, 10/12, 10/14, 10/16, 10/19, 10/21, 10/23	5"
	((~~7AM~~)) 4PM	-	((~~7PM~~)) 8AM	((~~11/12, 11/13, 11/14, 11/15~~)) NIGHTLY 10/27, 10/28, 10/29, 10/30, 11/2, 11/4, 11/6, 11/10, 11/11, 11/12, 11/13, 11/16, 11/18, 11/20, 11/24, 11/25, 11/26, 11/27	6 1/4"
	((~~7AM~~	-	~~6PM~~	~~11/18, 11/19, 11/20, 11/21, 11/22, 11/25, 11/26, 11/27, 11/29~~))
9A:	6AM ((~~9/1~~))	-	((~~4PM 11/2~~)) 9PM	8/26, 8/28	5"
	6AM 8/31	-	4PM 10/25
Note: It is unlawful to retain chum salmon taken in Area 9A prior to October 1 and unlawful to retain chinook salmon at any time. Any ((~~chum~~)) salmon ((~~netted prior to October 1~~)) not to be retained must be released from the net by cutting the meshes ensnaring the fish. Logbooks required in accordance with WAC 220-47-430.
10, 11:	5PM	-	8AM	((~~10/22~~)) NIGHTLY 10/12, 10/14, 10/16, 10/19, 10/21, 10/23	6 1/4"
	4PM	-	8AM	((~~10/27, 10/28, 11/5, 11/12~~)) NIGHTLY 10/26, 10/28, 10/30, 11/2, 11/4, 11/6, 11/9, 11/11, 11/13
12, 12B:	7AM	-	8PM	((~~10/22~~)) 10/21, 10/22, 10/23	6 1/4"
	7AM	-	7PM	10/28, ((~~11/5, 11/12, 11/13~~)) 10/30, 10/31, 11/3, 11/4, 11/6, 11/11, 11/12, 11/13
	7AM	-	6PM	11/18, 11/19, 11/20
Note: It is unlawful to fish for or possess salmon taken with gill net gear in that part of Area 12B south of a line from Quatsap Point to Hood Point on the following dates: 10/22, 10/23, 10/30, 10/31, 11/3, 11/4, 11/12, 11/13, 11/19, and 11/20.
12C:	7AM	-	7PM	((~~11/12~~)) 11/11. Openings on these dates are subject to further discussions with tribe. If openings do occur, they will be by emergency regulation.	6 1/4"
	7AM	-	6PM	((~~11/19~~)) 11/18, 11/25. Openings on these dates are subject to further discussions with tribe. If openings do occur, they will be by emergency regulation.
All other saltwater and freshwater areas - closed.
	Nightly openings refer to the start date.
	Within an area or areas, a mesh size restriction remains in effect from the first date indicated until a mesh size change is shown, and the new mesh size restriction remains in effect until changed.

© Washington State Code Reviser's Office