WSR 07-20-072

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-241 -- Filed September 28, 2007, 4:47 p.m. , effective September 28, 2007, 4:47 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100M and 220-47-41100P; and amending WAC 220-47-311 and 220-47-411.

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: Sockeye salmon nonretention for all gears in Areas 7, 7A, and 7B is necessary and pink salmon nonretention in purse seine gear for Areas 7, 7A, and 7B is also necessary to meet conservation goals for the areas. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 28, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 220-47-31100N   Purse seine -- Open periods.   It is unlawful to take, fish for, or possess salmon taken with purse seine gear for commercial purposes from Puget Sound, except in the following designated Puget Sound Salmon Management and Catch Reporting Areas and during the periods provided for in each respective Management and Catch Reporting Area:

AREA TIME DATE
7, 7A: 7AM - 7PM with use of recovery box; 7AM - 4:00PM without use of recovery box 10/12
7AM - 6PM with use of recovery box; 7AM - 3:15PM without use of recovery box 10/17, 10/18, 10/19, 10/22, 10/23, 10/24, 10/25, 10/26, 10/29, 10/30, 10/31, 11/1, 11/2
7AM - 5PM with use of recovery box; 7AM - 2:30PM without use of recovery box 11/5, 11/6, 11/7, 11/8, 11/9, 11/12, 11/13, 11/14, 11/15, 11/16
7B: 7AM 9/23 - 6PM 11/3
7AM 11/5 - 4PM 11/9
7AM 11/12 - 4PM 11/16
7AM 11/19 - 4PM 11/23
7AM 11/26 - 4PM 11/30
8AM 12/3 - 4PM 12/7
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 purse seines beginning at 12:01 a.m. on the last Monday in October and until 4:00 p.m. on the first Friday in December.
8: 7AM - 5PM 11/6
7AM - 5PM 11/13
7AM - 5PM 11/20
7AM - 4PM 11/27
8A: 7AM - 7PM Limited participation - two boats only; purse seine vessel CONFIDENCE, and purse seine vessel ARLINE (10/1, 10/8).
7AM - 6PM 10/15, 10/22, 10/30, 11/1
7AM - 5PM 11/7, 11/12, 11/14, 11/20
7AM - 4PM 11/26, 11/28
8D: 7AM - 7PM 10/1, 10/8
7AM - 6PM 10/15, 10/22, 10/30, 11/1
7AM - 5PM 11/7, 11/12, 11/14, 11/20
7AM - 4PM 11/26, 11/28
10, 11 7AM - 6PM 10/16, 10/23, 10/25
7AM - 5PM 10/30, 11/6, 11/8, 11/13
7AM - 4PM 11/20
12, 12B: 7AM - 6PM 10/22, 10/29, 10/31
7AM - 5PM 11/5, 11/12, 11/19
12C: 7AM - 5PM 11/13, 11/20
7AM - 4PM 11/27

It is unlawful to retain the following salmon species taken with purse seine gear within the following areas during the following periods:

Chinook salmon - at all times in Areas 7, 7A, 8, 8A, 8D, 10, 11, 12, 12B, and 12C, and after October 27 in Area 7B.

Coho salmon - at all times in Areas 7, 7A, 10, and 11, and prior to September 9 in Area 7B.

Chum salmon - prior to September 30 in Areas 7 and 7A.

Sockeye salmon at all times.

Pink salmon at all times.

All other saltwater and freshwater areas - closed.

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NEW SECTION
WAC 220-47-41100Q   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 in each respective fishing area:

AREA TIME DATE(S) MINIMUM MESH
6D: Skiff gill net only. 7AM - 7PM 9/28, 10/1, 10/2, 10/3, 10/4, 10/5, 10/8, 10/9, 10/10, 10/11, 10/12, 10/15, 10/16, 10/17, 10/18, 10/19, 10/22, 10/23, 10/24, 10/25, 10/26 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 taken in Area 6D at any time, or any chum salmon taken in Area 6D prior to October 16. In Area 6D, any Chinook or chum salmon required to be released must be removed from the net by cutting the meshes ensnaring the fish.
7, 7A: Noon - Midnight; Use of recovery box required 10/12, 10/17, 10/18, 10/19 6 1/4"
Noon - Midnight 10/22, 10/23, 10/24, 10/25, 10/26, 10/29, 10/30, 10/31, 11/1, 11/2, 11/5, 11/6, 11/7, 11/8, 11/9, 11/12, 11/13, 11/14, 11/15, 11/16 6 1/4"
Note: In Areas 7 and 7A after September 30 but prior to October 20, coho and Chinook salmon must be released, and 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. Fishers must also use a recovery box in compliance with WAC 220-47-302 (5)(a) through (f). It is unlawful to keep sockeye salmon in area 7, and 7A at all times.
7B: 6PM - 8AM NIGHTLY 9/21 5"
7AM 9/23 - 8PM 10/27 5"
7AM 10/28 - 8PM 11/3 6 1/4"
7AM 11/5 - 4PM 11/9 6 1/4"
7AM 11/12 - 4PM 11/16 6 1/4"
7AM 11/19 - 4PM 11/23 6 1/4"
7AM 11/26 - 4PM 11/30 6 1/4"
8AM 12/3 - 4PM 12/7 6 1/4"
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 12:01 AM on the last day in October and until 6:00 PM on the first Friday in December. It is unlawful to keep sockeye salmon in area 7B at all times.
8: 7AM - 7PM 11/5, 11/7, 11/9, 11/12, 11/14, 11/16, 11/19, 11/21, 11/23 6 1/4"
7AM - 6PM 11/26, 11/28, 11/30 6 1/4"
8A: 6PM - 8AM NIGHTLY 10/9 5"
7AM - 8PM 10/16, 10/18, 10/19 5"
8AM - 8PM 10/23, 10/25, 10/26, 10/29, 10/31, 11/2 6 1/4"
7AM - 7PM 11/6, 11/8, 11/9, 11/13, 11/15, 11/16, 11/21, 11/22, 11/23 6 1/4"
7AM - 6PM 11/27, 11/29, 11/30 6 1/4"
8D: 6PM - 8AM NIGHTLY 9/23, 9/25, 9/27, 9/30, 10/2, 10/4, 10/7, 10/9, 10/11 5"
7AM - 8PM 10/18, 10/19 5"
8AM - 8PM 10/25, 10/26, 11/1, 11/2 5"
7AM - 7PM 11/8, 11/9 5"
7AM - 7PM 11/15, 11/16, 11/21, 11/23 6 1/4"
7AM - 6PM 11/29, 11/30 6 1/4"
9A: 6AM 9/26 - 7PM 11/3 5"
Note: It is unlawful to retain chum salmon taken in Area 9A prior to October 1, and it is unlawful to retain Chinook salmon at any time. Any salmon required to be released must be removed from the net by cutting the meshes ensnaring the fish.
10, 11: 4PM - 7AM NIGHTLY 10/15 6 1/4"
5PM - 8AM NIGHTLY 10/17, 10/18 6 1/4"
4PM - 7AM NIGHTLY 10/22, 10/24 6 1/4"
5PM - 8AM NIGHTLY 10/25 6 1/4"
3PM - 7AM NIGHTLY 10/29 6 1/4"
4PM - 8AM NIGHTLY 10/31, 11/1 6 1/4"
3PM - 7AM NIGHTLY 11/5, 11/7 6 1/4"
4PM - 8AM NIGHTLY 11/8 6 1/4"
3PM - 7AM NIGHTLY 11/12 6 1/4"
4PM - 8AM NIGHTLY 11/14, 11/15 6 1/4"
3PM - 7AM NIGHTLY 11/19 6 1/4"
3PM - 8AM NIGHTLY 11/21, 11/22 6 1/4"
12A: Closed -
12, 12B: 8AM - 8PM 10/24, 10/25, 10/30, 11/1, 11/2 6 1/4"
7AM - 7PM 11/7, 11/8, 11/14, 11/15, 11/20 6 1/4"
12C: 7AM - 7PM 11/13, 11/15, 11/20, 11/22 6 1/4"
7AM - 6PM 11/26, 11/27 6 1/4"
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.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-47-31100M Purse seine -- Open periods. (07-176)

WAC 220-47-41100P Gill net -- Open periods. (07-233)

Washington State Code Reviser's Office