WSR 09-18-067

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-188 -- Filed August 28, 2009, 3:21 p.m. , effective August 29, 2009, 5:00 a.m. ]


Effective Date of Rule: August 29, 2009, 5:00 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-50100P.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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 regulation provides for Pacific Salmon Commission authorized fisheries in Areas 7 and 7A. These emergency rules are necessary to initiate fisheries targeting a harvestable surplus of pink salmon available. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 28, 2009.

Philip Anderson

Director


NEW SECTION
WAC 220-47-50100P   Puget Sound all-citizen commercial salmon fishery -- Open periods.   Notwithstanding the provisions of Chapter 220-47 WAC, effective immediately until further notice, it is unlawful to take, fish for, or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas except in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect:

Areas 7 and 7A:

(1) Purse Seines - Open to purse seine gear according to the times, dates, and conditions as prescribed and listed here:


Hours Dates
5:00 AM - 9:00 PM 8/29, 8/31

(a) It is unlawful to retain Chinook, sockeye, coho, and chum salmon.

(b) Purse seine fishers must also use a recovery box in compliance with WAC 220-47-301 (7)(a) through (f).

(c) It is unlawful to bring salmon aboard a vessel unless all salmon captured in the seine net are removed from the seine net using a brailer or dip net meeting the specifications in WAC 220-47-325, prior to the seine net being removed from the water. All salmon must be immediately sorted, and those required to be released must be placed in an operating recovery box or released into the water before the next brail may be brought on the deck. However, small numbers of fish may be brought on board the vessel by pulling the net in without mechanical or hydraulic assistance.

(d) It is unlawful to fish for salmon with purse seine gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in possession of a department-issued certification card.

(2) Gill Nets - Open to gill net gear with 5-inch minimum and 5 1/2-inch maximum mesh size according to the times, dates, and conditions as prescribed and listed here:


Hours Dates
8:00 AM - Midnight 8/29, 8/31

(a) It is unlawful to retain sockeye salmon; and those salmon required to be released must be done so immediately.

(b) It is unlawful to fish for salmon with gill net gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in possession of a department issued certification card.

(3) Reef Nets - Open to reef net gear according to the times, dates, and conditions as prescribed and listed here:


Hours Dates
5 AM - 9 PM 8/29, 8/30, 8/31, 9/1

(a) It is unlawful to retain unmarked Chinook, unmarked coho, sockeye and all chum salmon.

(b) It is unlawful to retain marked Chinook unless the reef net operator is in immediate possession of a Puget Sound Reef Net Logbook.

(c) It is unlawful to fish for salmon with reef net gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in immediate possession of a department-issued certification card.

(4) Waters north and west of the Area 7 "Iwerson Dock Line" (a line projected from Iwerson Dock on Point Roberts to the Georgina Point light at the entrance to Active Pass in the Province of British Columbia) are closed to commercial harvest of salmon previously described in the above sections.

"Quick Reporting Fisheries":

All fisheries opened under this section, and any fishery opening under authority of the Fraser Panel for sockeye or pink salmon in Puget Sound Salmon Management and Catch Reporting Areas (WAC 220-22-030), are designated as "Quick Reporting Required" per WAC 220-47-001.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective September 2, 2009:


WAC 220-47-50100P Puget Sound all-citizen commercial salmon fishery -- Open periods.

Washington State Code Reviser's Office