PERMANENT RULES
FISH AND WILDLIFE
Effective Date of Rule: Thirty-one days after filing.
Purpose: Amend rules for commercial salmon fishing in Grays Harbor and Willapa Bay, including WAC 220-36-023 and 220-40-027.
Citation of Existing Rules Affected by this Order: Amending WAC 220-36-023 and 220-40-027.
Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.
Adopted under notice filed as WSR 09-09-125 on April 22, 2009.
Number of Sections Adopted in Order to Comply with Federal Statute: New 2, Amended 0, Repealed 0; Federal Rules or Standards: New 2, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 4, 2009.
Philip Anderson
Director
OTS-2345.3
AMENDATORY SECTION(Amending Order 08-166, filed 7/3/08,
effective 8/3/08)
WAC 220-36-023
Salmon -- Grays Harbor fall fishery.
August 16 through December 31 of each year, it is unlawful to
fish for salmon in Grays Harbor 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 and
sturgeon according to the chart below. All nonlegal sturgeon
and nonlegal steelhead must be handled with care to minimize
injury and must be released immediately to the river/bay:
| Time: | Areas: |
| 6:00 p.m. (( (( 6:00 p.m. (( |
Area 2C |
7:00 a.m. October 9 through 7:00 p.m. October 9, 2008; 7:00 a.m. October 10 through 7:00 p.m. October 10, 2008.)) September 9, 2009; 6:00 a.m. September 13 through 6:00 p.m. September 14, 2009; 6:00 a.m. September 20 through 6:00 p.m. September 21, 2009; AND 6:00 p.m. September 29 through 6:00 p.m. September 30, 2009. |
(( AND That portion of Area 2D lying easterly of a north-south line from the confluence of the Hoquiam and Chehalis rivers to Renney Island, then easterly to Range Marker G, then to the eastern boundary of Area 2D at the Highway 101 Bridge.)) |
(2) Gill net gear restrictions: All areas:
(a) Drift gill net gear only. It is unlawful to use set net gear. It is legal to have on board a commercial vessel more than one net, provided the nets are of a mesh size that is legal for the fishery, and the length of any one net does not exceed one thousand five hundred feet in length.
Nets with a mesh size different from that being actively fished must be properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope that is 3/8 (0.375) inches or greater.
(b) ((6-inch maximum mesh restriction, and nets may be no
more than 55 meshes deep.)) Nine-inch maximum mesh size
allowed.
(c) Entire nets must be single mesh size. Only one net may be fished at a time; other nets must be properly stored.
(d) Soak time must not exceed 45 minutes. Soak time is 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.
(((d))) (e) Each boat must have two operable recovery
boxes or one box with two chambers on board when fishing Area
((2A/2D on October 8, 9, and 10, 2008)) 2C. Each box must be
operating during any time the net is being retrieved or
picked. The flow in the recovery box must 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 the 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))) (f) All ((Chinook)) wild coho, nonlegal sturgeon,
and steelhead must be handled with care to minimize injury to
the fish and must be released immediately to the river/bay or
to an operating recovery box.
(((f))) (g) Any fish that is bleeding or lethargic must
be placed in the recovery box prior to being released to the
river/bay.
(((g))) (h) All fish placed in recovery boxes must be
released to the river/bay prior to landing or docking.
Other
(3) Quick reporting is required for wholesale dealers and
fishers retailing their catch under a "direct retail
endorsement." According to WAC 220-69-240(12), reports must
be made by 10:00 a.m. the day following landing.
(4) Fishers must take department observers if requested
by department staff when participating in these openings. Pursuant to WAC 220-69-240, fishers also must provide notice
of intent to participate by contacting quick reporting by
phone, fax or e-mail. Notice of intent must be given prior to
((10:00 a.m.)) 5:00 p.m. on ((October 6)) August 28, 2009, for
the ((October 8-10)) openings in Area((s 2A/2D)) 2C.
(5) NOAA Fisheries has 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.
Therefore, the retention of green sturgeon is prohibited((,));
to protect this federally listed stock.
[Statutory Authority: RCW 77.12.047 and 77.04.020. 08-15-003 (Order 08-166), § 220-36-023, filed 7/3/08, effective 8/3/08. Statutory Authority: RCW 77.04.020, 77.12.047, and 77.65.200. 07-17-010, § 220-36-023, filed 8/3/07, effective 9/3/07. Statutory Authority: RCW 77.12.047. 05-17-006 (Order 05-167), § 220-36-023, filed 8/3/05, effective 9/3/05; 04-16-013 (Order 04-183), § 220-36-023, filed 7/22/04, effective 8/22/04; 03-18-004 (Order 03-208), § 220-36-023, filed 8/20/03, effective 9/20/03; 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-2346.2
AMENDATORY SECTION(Amending Order 08-166, filed 7/3/08,
effective 8/3/08)
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 and
sturgeon as shown below. All nonlegal sturgeon and nonlegal
steelhead must be handled with care to minimize injury to the
fish and must be released immediately to the river/bay:
| Time: | Area: |
| 6:00 p.m. September 15
through 6:00 p.m.
September (( |
Areas 2G east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach, 2H west of Willapa Channel Marker 40, 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2), and 2M. |
| 6:00 p.m. September (( AND 6:00 p.m. September 28
through 6:00 p.m.
September 29, (( |
Area 2K |
| 6:00 p.m. September (( AND 6:00 p.m. September 28
through 6:00 p.m.))
October (( |
Areas 2G east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach, 2H, 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2), and 2M. |
| 6:00 p.m. October (( AND 6:00 p.m. October 12 through 6:00 p.m. October 14, 2008)) 14, 2009. |
Areas 2G east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach, 2H, 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2), and 2M. |
| (( |
Areas 2G east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach, 2H west of the Willapa Channel Marker 40, 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2), and 2M. |
| (( |
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. It will be legal to have on board a commercial vessel more than one net, provided the nets are of a mesh size that is legal for the fishery and the length of any one net does not exceed one thousand five hundred feet in length.
(b) September 1 through ((October 5, 2008)) September 21,
2009: Six-inch maximum mesh, and net may be no more than
fifty-five meshes deep. Net must hang straight from top to
bottom. Strings may only be used to secure ((break away))
breakaway panels.
(c) ((October 7)) September 22 through October 31,
((2008)) 2009: Six and one-half inch maximum mesh.
(d) November 6 through November 30, ((2008)) 2009:
Nine-inch minimum mesh; except from 6:00 p.m. November 10
through 6:00 p.m. November ((14, 2008)) 19, 2009 (coho
directed), there are two alternatives:
(i) Use six-inch maximum mesh; and net may be no more than fifty-five meshes deep. Net must hang straight from top to bottom. Strings may only be used to secure break-away panels; or
(ii) Use nine-inch minimum mesh.
(iii) Only one net of either six-inch or nine-inch
configuration, not exceeding fifteen hundred feet, may be ((on
board the vessel)) used when in the act of fishing.
Other
(4) Quick reporting is required for wholesale dealers and
fishers retailing their catch under a "direct retail
endorsement." According to WAC 220-69-240(12), reports must
be made by 10:00 a.m. the day following landing.
(5) NOAA Fisheries has 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. Therefore, the retention of green sturgeon is prohibited((,));
to protect this federally listed stock.
[Statutory Authority: RCW 77.12.047 and 77.04.020. 08-15-003 (Order 08-166), § 220-40-027, filed 7/3/08, effective 8/3/08. Statutory Authority: RCW 77.04.020, 77.12.047, and 77.65.200. 07-17-010, § 220-40-027, filed 8/3/07, effective 9/3/07. Statutory Authority: RCW 77.12.047. 05-17-006 (Order 05-167), § 220-40-027, filed 8/3/05, effective 9/3/05; 04-16-013 (Order 04-183), § 220-40-027, filed 7/22/04, effective 8/22/04; 03-18-004 (Order 03-208), § 220-40-027, filed 8/20/03, effective 9/20/03; 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.]