WSR 06-19-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-225 -- Filed September 8, 2006, 1:25 p.m. , effective September 8, 2006 ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

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

Statutory Authority for Adoption: RCW 77.12.047.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: This emergency rule is necessary because an agreement was not reached with our comanager during the expedited process at North of Falcon. Negotiations have continued and now we need to adopt our nontreaty commercial fishery regulations for the upcoming fall season. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 8, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-36-02300H   Grays Harbor salmon -- Fall fishery.   Notwithstanding the provisions of WAC 220-36-023, effective immediately through December 31, 2006 it is unlawful to fish for salmon in Grays Harbor for commercial purposes except as described below:


Fishing periods

(1) Gill net gear may be used to fish for salmon and sturgeon. All non-legal sturgeon and steelhead must be handled with care to minimize injury to fish and released immediately:


Time: Area:
7:30 a.m. October 8 through 6:30 p.m. October 8, 2006 2C
9:30 a.m. October 10 through 5:30 p.m. October 10, 2006,

9:30 a.m. October 11 through 5:30 p.m. October 11, 2006,

That portion of Area 2A upstream from the Highway 101 Bridge at Aberdeen to a line projected from the Lakeside Industries asphalt plant tower at a right angle to the thread of the stream to the opposite shore.
AND
10:30 a.m. October 12, 2006 through 6:30 p.m. October 12, 2006, and

10:30 a.m. October 13, through 6:30 p.m. October 13, 2006

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.

(a) Drift gill net gear only. It is unlawful to use set net gear.

(b) 6-inch maximum mesh restriction, 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 recovery 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 recovery 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, non-legal 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 and fishers retailing their fish (WAC 220-69-240).

(i) Fishers must take department observers if requested by WDFW staff when participating in these openings and provide Notice of Intent to Participate to Quick Reporting phone, fax or email, WAC 220-69-240 prior to 10:00 a.m. October 6th for the October 8th opening and prior to 10:00 a.m. October 9th for any of the October 10th through October 13th openings.

(j) The NOAA Fisheries listed the southern population of green sturgeon as threatened under the Endangered Species Act effective July 6, 2006. Most of the green sturgeon taken in Washington fisheries are from the southern population. It is unlawful to fish for, retain or possess Green sturgeon with commercial gear. Any Green sturgeon encountered must be released immediately unharmed.

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Washington State Code Reviser's Office