WASHINGTON STATE REGISTER

WSR 07-21-111

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-262 -- Filed October 19, 2007, 4:21 p.m. , effective October 21, 2007, 12:01 a.m. ]

Effective Date of Rule: October 21, 2007, 12:01 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100P and 220-47-41100R; 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: A harvestable surplus of chum salmon in Areas 7, 7A, indicates that additional days of fishing are warranted and will still 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 19, 2007.

Loreva M. Preuss

for Jeff Koenings

Director

NEW SECTION
WAC 220-47-31100Q 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 - 6PM with use of recovery box;
7AM - 3:15PM without use of recovery box
10/22, 10/23, 10/24, 10/25, 10/26, 10/27, 10/28, 10/29, 10/30, 10/31, 11/1, 11/2, 11/3

7AM - 5PM with use of recovery box;
7AM - 2:30PM without use of recovery box
11/4, 11/5, 11/6, 11/7, 11/8, 11/9, 11/10, 11/11, 11/12, 11/13, 11/14, 11/15, 11/16, 11/17

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 - 6PM 10/22, 10/30, 11/1

7AM - 5PM 11/7, 11/12, 11/14, 11/20

7AM - 4PM 11/26, 11/28

8D: 7AM - 6PM 10/23, 10/25, 10/31

7AM - 5PM 11/5, 11/7, 11/14, 11/19, 11/20

7AM - 4PM 11/28

10, 11: 7AM - 6PM 10/22, 10/29, 10/31

7AM - 5PM 11/5, 11/12, 11/14, 11/19

7AM - 4PM 11/26

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.

[]

NEW SECTION
WAC 220-47-41100S 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. 7 AM - 7 PM 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 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, 11/17 6 1/4"

Note: In Areas 7 and 7A it is unlawful to keep sockeye salmon in area 7, and 7A at all times.

7B: 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: 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, 11/19, 11/21, 11/23 6 1/4"

7AM - 6PM 11/27, 11/29, 11/30 6 1/4"

8D: 8AM - 8PM 10/25, 10/26 5"

8AM - 8PM 11/1, 11/2 6 1/4"

7AM - 7PM 11/8, 11/9, 6 1/4"

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 10/21 6 1/4"

5PM - 9AM NIGHTLY 10/23 6 1/4"

3PM - 7AM NIGHTLY 10/28, 11/30 6 1/4"

5PM - 9AM NIGHTLY 10/31 6 1/4"

3PM - 7AM NIGHTLY 11/4 6 1/4"

4PM - 8AM NIGHTLY 11/6 6 1/4"

3PM - 7AM NIGHTLY 11/11, 11/13 6 1/4"

4PM - 8AM NIGHTLY 11/14 6 1/4"

3PM - 7AM NIGHTLY 11/18 6 1/4"

4PM - 8AM NIGHTLY 11/20 6 1/4"

2PM - 7AM NIGHTLY 11/25 6 1/4"

3PM - 8AM NIGHTLY 11/27 6 1/4"

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.

[]

REPEALER

The following sections of the Washington Administrative Code are repealed, effective 12:01 a.m. October 21, 2007:

WAC 220-47-31100P Purse seine -- Open periods. (07-248)

WAC 220-47-41100R Gill net -- Open periods. (07-248)

AREA	TIME		DATE
7, 7A:	7AM - 6PM with use of recovery box; 7AM - 3:15PM without use of recovery box		10/22, 10/23, 10/24, 10/25, 10/26, 10/27, 10/28, 10/29, 10/30, 10/31, 11/1, 11/2, 11/3
	7AM - 5PM with use of recovery box; 7AM - 2:30PM without use of recovery box		11/4, 11/5, 11/6, 11/7, 11/8, 11/9, 11/10, 11/11, 11/12, 11/13, 11/14, 11/15, 11/16, 11/17
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 - 6PM		10/22, 10/30, 11/1
	7AM - 5PM		11/7, 11/12, 11/14, 11/20
	7AM - 4PM		11/26, 11/28
8D:	7AM - 6PM		10/23, 10/25, 10/31
	7AM - 5PM		11/5, 11/7, 11/14, 11/19, 11/20
	7AM - 4PM		11/28
10, 11:	7AM - 6PM		10/22, 10/29, 10/31
	7AM - 5PM		11/5, 11/12, 11/14, 11/19
	7AM - 4PM		11/26
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

AREA	TIME			DATE(S)	MINIMUM MESH
6D: Skiff gill net only.	7 AM	-	7 PM	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	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, 11/17	6 1/4"
Note: In Areas 7 and 7A it is unlawful to keep sockeye salmon in area 7, and 7A at all times.
7B:	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:	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, 11/19, 11/21, 11/23	6 1/4"
	7AM	-	6PM	11/27, 11/29, 11/30	6 1/4"
8D:	8AM	-	8PM	10/25, 10/26	5"
	8AM	-	8PM	11/1, 11/2	6 1/4"
	7AM	-	7PM	11/8, 11/9,	6 1/4"
	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 10/21	6 1/4"
	5PM	-	9AM	NIGHTLY 10/23	6 1/4"
	3PM	-	7AM	NIGHTLY 10/28, 11/30	6 1/4"
	5PM	-	9AM	NIGHTLY 10/31	6 1/4"
	3PM	-	7AM	NIGHTLY 11/4	6 1/4"
	4PM	-	8AM	NIGHTLY 11/6	6 1/4"
	3PM	-	7AM	NIGHTLY 11/11, 11/13	6 1/4"
	4PM	-	8AM	NIGHTLY 11/14	6 1/4"
	3PM	-	7AM	NIGHTLY 11/18	6 1/4"
	4PM	-	8AM	NIGHTLY 11/20	6 1/4"
	2PM	-	7AM	NIGHTLY 11/25	6 1/4"
	3PM	-	8AM	NIGHTLY 11/27	6 1/4"
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.

WAC 220-47-31100P	Purse seine -- Open periods. (07-248)
WAC 220-47-41100R	Gill net -- Open periods. (07-248)

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