WSR 10-12-061

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-108 -- Filed May 27, 2010, 2:09 p.m. , effective June 27, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Amends rules for commercial salmon fishing in Grays Harbor and Willapa Bay. Includes WAC 220-36-015, 220-36-020, 220-36-021, 220-36-023, 220-36-025, rules for commercial salmon fishing in Grays Harbor; WAC 220-40-020, 220-40-021, 220-40-027, rules for commercial salmon fishing in Willapa Bay; and WAC 232-28-620 Coastal salmon -- Saltwater seasons and daily limits.

Citation of Existing Rules Affected by this Order: Amending WAC 220-36-015, 220-36-020, 220-36-021, 220-36-023, 220-36-025, 220-40-020, 220-40-021, 220-40-027, and 232-28-620.

Statutory Authority for Adoption: RCW 77.04.020, 77.12.045, and 77.12.047.

Adopted under notice filed as WSR 10-06-102 on March 2, 2010.

Changes Other than Editing from Proposed to Adopted Version: WAC 220-36-03001 and 220-40-030 were withdrawn on May 24, 2010, and filed as WSR 10-12-031.

1. The proposed rules incorporate the recommendations from the North of Falcon/Pacific Fishery Management Council process that included significant public input and an agreed-to fisheries package between the state and northwest treaty tribe comanagers. The agreed-to fisheries package meets conservation objectives and Endangered Species Act requirements, and is consistent with U.S. vs. Oregon and U.S. vs. Washington cases.

2. The only changes that occurred between the filing of the CR-102 and the rules as adopted are in WAC 220-36-023, 220-40-027, and 232-28-620. In WAC 220-36-023 and 220-40-027, the Washington department of fish and wildlife (WDFW) amended the proposals to require the release of wild coho, wild chinook, and chum. Forecasts of chum[,] wild coho, and wild chinook are not strong enough to allow significant directed fishing.

In WAC 232-28-620, Marine Areas 1 through 4, WDFW amended the proposal to allow additional hatchery chinook salmon fishing in June. The forecast of Columbia River chinook salmon is strong enough to allow additional opportunity. Dates were adjusted accordingly. For Marine Area 2-1, WDFW amended the proposal to require release of chum, wild coho, and wild chinook salmon. Forecasts of chum, wild coho, and wild chinook are not strong enough to allow significant directed fishing. For Marine Area 2-2, WDFW amended the proposal to allow wild coho retention. The forecast of wild coho is strong enough to allow a harvest opportunity.

The department also withdrew WAC 220-36-03001 and 220-40-030 from the rule making because these WACs were changed in March 2010 with the filing of WSR 10-06-095. As changed, these WACs suit the needs of the department for this rule proposal.

3. A department-sponsored rule proposal hearing was held on April 9, 2010, in Olympia, to solicit input on the proposed regulatory changes and rule language. No members of the public attended the hearing, and no other testimony (e.g., written correspondence) was received.

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 9, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 9, 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: May 27, 2010.

Philip Anderson

Director

OTS-3064.2


AMENDATORY SECTION(Amending Order 89-71, filed 7/28/89, effective 8/28/89)

WAC 220-36-015   Gill net gear -- Grays Harbor specifications.   It is unlawful to fish for food fish in Grays Harbor for commercial purposes with gill net gear, or to possess food fish taken from those waters with gill net gear, unless:

(1) The gill net does not exceed 1,500 feet in length along the cork line; and

(2) Except as otherwise provided in this chapter, the mesh size of the gill net is not less than 5 inches or greater than 6-1/2 inches stretch measure.

[Statutory Authority: RCW 75.08.080. 89-16-056 (Order 89-71), 220-36-015, filed 7/28/89, effective 8/28/89.]


AMENDATORY SECTION(Amending Order 89-71, filed 7/28/89, effective 8/28/89)

WAC 220-36-020   Grays Harbor salmon fishing -- Lawful gear.   It shall be unlawful to take, fish for, or possess salmon taken for commercial purposes in Grays Harbor fishing areas ((except for)), with the exception of salmon taken with gill net gear as provided for in this chapter.

[Statutory Authority: RCW 75.08.080. 89-16-056 (Order 89-71), 220-36-020, filed 7/28/89, effective 8/28/89; 86-15-016 (Order 86-55), 220-36-020, filed 7/10/86; 80-09-072 (Order 80-69), 220-36-020, filed 7/18/80; Order 1221, 220-36-020, filed 7/1/75; Order 1116, 220-36-020, filed 4/30/74; Order 1049, 220-36-020, filed 4/11/73; Order 995, 220-36-020, filed 6/8/72; Order 925, 220-36-020, filed 6/3/71; Order 864, 220-36-020, filed 5/12/70; Order 813, 220-36-020, filed 5/5/69; Order 772-A, 220-36-020, filed 4/15/68; subsections 1, 2 and 3 from Order 679, filed 4/20/66; subsection 4 from Order 679, filed 3/31/66; Order 638, filed 4/28/65; Order 605, filed 4/21/64; Order 569, filed 4/11/63; Order 544, filed 4/3/62; Order 525, filed 5/3/61; Order 507, filed 4/13/60.]


AMENDATORY SECTION(Amending Order 01-104, filed 6/15/01, effective 7/16/01)

WAC 220-36-021   Salmon -- Grays Harbor -- Summer fishery.   From July 5 through August 15, it is unlawful to fish for salmon in Grays Harbor for commercial purposes or to possess salmon taken from those waters for commercial purposes.

[Statutory Authority: RCW 77.12.047. 01-13-055 (Order 01-104), 220-36-021, filed 6/15/01, effective 7/16/01. Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), 220-36-021, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 97-15-148 (Order 97-123), 220-36-021, filed 7/23/97, effective 8/23/97; 96-13-035 (Order 96-77), 220-36-021, filed 6/11/96, effective 7/12/96; 95-13-065 (Order 95-76), 220-36-021, filed 6/19/95, effective 7/20/95; 94-13-014 (Order 94-46), 220-36-021, filed 6/3/94, effective 7/4/94; 90-18-023 (Order 90-77), 220-36-021, filed 8/24/90, effective 9/24/90; 89-16-056 (Order 89-71), 220-36-021, filed 7/28/89, effective 8/28/89; 88-19-098 (Order 88-116), 220-36-021, filed 9/20/88; 87-21-041 (Order 87-161), 220-36-021, filed 10/14/87; 86-15-016 (Order 86-55), 220-36-021, filed 7/10/86; 85-13-073 (Order 85-64), 220-36-021, filed 6/19/85; 84-15-008 (Order 84-66), 220-36-021, filed 7/6/84; 83-13-054 (Order 83-53), 220-36-021, filed 6/15/83; 82-13-048 (Order 82-63), 220-36-021, filed 6/11/82; 81-13-005 (Order 81-37), 220-36-021, filed 6/8/81; 80-09-072 (Order 80-69), 220-36-021, filed 7/18/80; Order 77-71, 220-36-021, filed 8/18/77; Order 77-44, 220-36-021, filed 6/3/77; Order 76-73, 220-36-021, filed 8/16/76; Order 1221, 220-36-021, filed 7/1/75; Order 1133, 220-36-021, filed 7/19/74.]


AMENDATORY SECTION(Amending Order 09-109, filed 8/4/09, effective 9/4/09)

WAC 220-36-023   Salmon -- Grays Harbor fall fishery.   From 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 white sturgeon only according to the chart below. All nonlegal sturgeon ((and nonlegal)), all steelhead, and all other species including Chinook, coho, chum and white sturgeon must be handled with care to minimize injury and must be released immediately to the river/bay:


Time: Areas:
6:00 p.m. ((September 3)) August 31 through 6:00 p.m. September ((4, 2009)) 1, 2010; Area 2C
6:00 p.m. September ((8)) 2 through 6:00 ((p.m. September 9, 2009)) a.m. September 4, 2010;
6:00 ((a.m.)) p.m. September ((13)) 6 through 6:00 ((p.m.)) a.m. September ((14 , 2009)) 8, 2010;
6:00 ((a.m.)) p.m. September ((20)) 9 through 6:00 p.m. September ((21, 2009)) 11, 2010;
6:00 p.m. September 22 through 6:00 p.m. September 23, 2010;
AND
6:00 p.m. September ((29)) 27 through 6:00 p.m. September ((30 , 2009)) 28, 2010.
7:00 a.m. October 8 through 7:00 p.m. October 8, 2010;

AND

7:30 a.m. October 14 through 7:30 p.m. October 14, 2010.

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.
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.

Gear


(2) Gill net gear restrictions: All areas:

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

It is unlawful to use a gill net to fish for salmon if the lead line weighs more than two pounds per fathom of net as measured on the cork line, provided that it is lawful to have a gill net with a lead line weighing more than two pounds per fathom aboard a vessel when the vessel is fishing in or in transiting through Grays Harbor.

(b) In Area 2C, mesh size must not exceed nine-inch maximum mesh ((size allowed)).

In Areas 2A and 2D, mesh size must not exceed six-inch maximum mesh. Nets may be no more than fifty-five meshes deep. Nets must hang straight from top to bottom. Strings may only be used to secure breakaway panels.

(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.

(e) Each boat must have two operable recovery boxes or one box with two chambers on board when fishing Areas 2A, 2D, and 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.

(f) All wild (unmarked) coho, nonlegal sturgeon, chum, and all 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 when fishing in Area 2C.

All wild (unmarked) Chinook, nonlegal sturgeon, chum, and all 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 when fishing Areas 2A and 2D.

(g) Any fish that is bleeding or lethargic must be placed in the recovery box prior to being released to the river/bay.

(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 ((5:00)) 12:00 p.m. on August ((28, 2009)) 20, 2010, for the openings in Area 2C and prior to 12:00 p.m. October 1, 2010, for the openings in Area 2A and 2D.

(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 Columbia River stock, which is part of 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. 09-16-125 (Order 09-109), 220-36-023, filed 8/4/09, effective 9/4/09; 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.]


AMENDATORY SECTION(Amending Order 86-55, filed 7/10/86)

WAC 220-36-025   Closed areas -- Grays Harbor and tributaries.   (1) It is unlawful to take, fish for, or possess salmon taken for commercial purposes from those waters at the mouth of Grays Harbor lying westerly of a line projected from the Point Chehalis Light at Westport through the Coast Guard tower to the shore at Point Brown, and easterly of a line projected from the outermost end of the north jetty to the outermost end of the south jetty.

(2) During the period March 1 through July 31, it is unlawful for any person, including treaty Indian fishermen, to take, fish for, or possess food fish taken for any purpose from the waters of the Chehalis River or any tributary of the Chehalis River upstream of the Porter Bridge.

(3) It is unlawful to fish for or possess salmon taken for commercial purposes from the Westport Boat Basin.

[Statutory Authority: RCW 75.08.080. 86-15-016 (Order 86-55), 220-36-025, filed 7/10/86; 83-10-015 (Order 83-30), 220-36-025, filed 4/26/83; 78-07-067 (Order 78-45), 220-36-025, filed 6/30/78; Order 77-14, 220-36-025, filed 4/15/77; Order 1133, 220-36-025, filed 7/19/74.]

OTS-3065.4


AMENDATORY SECTION(Amending Order 89-71, filed 7/28/89, effective 8/28/89)

WAC 220-40-020   Willapa Bay salmon -- Seasons and lawful gear -- Salmon.   It ((shall be)) is unlawful to take, fish for, or possess salmon taken for commercial purposes in Willapa Bay fishing areas ((except for)), with the exception of salmon taken with gill net gear as provided for in this chapter.

[Statutory Authority: RCW 75.08.080. 89-16-056 (Order 89-71), 220-40-020, filed 7/28/89, effective 8/28/89; 86-15-016 (Order 86-55), 220-40-020, filed 7/10/86; Order 1221, 220-40-020, filed 7/1/75; Order 1116, 220-40-020, filed 4/30/74; Order 1049, 220-40-020, filed 4/11/73; Order 995, 220-40-020, filed 6/8/72; Order 925, 220-40-020, filed 6/3/71; Order 864, 220-40-020, filed 5/12/70; Order 813, 220-40-020, filed 5/5/69; Order 772-B, filed 4/15/68; Order 726, 4 (part), filed 4/24/67; subsections 1 and 5 from Orders 341 and 256, filed 3/1/60; subsection 2 from Order 677, filed 3/31/66; Order 569, filed 4/11/63; subsection 6 from Order 679, filed 4/20/66; Orders 341 and 256, filed 3/1/60; subsections 3 and 4 from Order 525, filed 5/3/61; Orders 341 and 256, filed 3/1/60.]


AMENDATORY SECTION(Amending Order 01-104, filed 6/15/01, effective 7/16/01)

WAC 220-40-021   Willapa Bay salmon -- Summer fishery.   From July 5 through August 15, it is unlawful to fish for salmon in Willapa Bay for commercial purposes or to possess salmon taken from those waters for commercial purposes.

[Statutory Authority: RCW 77.12.047. 01-13-055 (Order 01-104), 220-40-021, filed 6/15/01, effective 7/16/01. Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), 220-40-021, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 97-15-148 (Order 97-123), 220-40-021, filed 7/23/97, effective 8/23/97; 96-13-035 (Order 96-77), 220-40-021, filed 6/11/96, effective 7/12/96; 95-13-065 (Order 95-76), 220-40-021, filed 6/19/95, effective 7/20/95; 94-13-014 (Order 94-46), 220-40-021, filed 6/3/94, effective 7/4/94; 90-18-023 (Order 90-77), 220-40-021, filed 8/24/90, effective 9/24/90; 89-16-056 (Order 89-71), 220-40-021, filed 7/28/89, effective 8/28/89; 88-19-098 (Order 88-116), 220-40-021, filed 9/20/88; 87-21-041 (Order 87-161), 220-40-021, filed 10/14/87; 86-15-016 (Order 86-55), 220-40-021, filed 7/10/86; 85-13-073 (Order 85-64), 220-40-021, filed 6/19/85; 84-15-008 (Order 84-66), 220-40-021, filed 7/6/84; 83-13-054 (Order 83-53), 220-40-021, filed 6/15/83; 82-13-048 (Order 82-63), 220-40-021, filed 6/11/82; 81-13-005 (Order 81-37), 220-40-021, filed 6/8/81; 80-09-072 (Order 80-69), 220-40-021, filed 7/18/80; 79-07-046 (Order 79-43), 220-40-021, filed 6/22/79; 78-09-041 (Order 78-61), 220-40-021, filed 8/18/78; Order 77-71, 220-40-021, filed 8/18/77; Order 77-44, 220-40-021, filed 6/3/77; Order 76-73, 220-40-021, filed 8/16/76; Order 1221, 220-40-021, filed 7/1/75; Order 1133, 220-40-021, filed 7/19/74.]


AMENDATORY SECTION(Amending Order 09-109, filed 8/4/09, effective 9/4/09)

WAC 220-40-027   Salmon -- Willapa Bay fall fishery.   From 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 white sturgeon only as shown below. All nonlegal sturgeon ((and nonlegal)), all steelhead, and all other species including Chinook, coho, chum and white sturgeon, 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)) August 15 through 6:00 p.m. ((September 19, 2009)) August 16, 2010. Areas 2G east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach, except:
Closed Waters Area (Net Free Zone): That portion of SMCRA 2G lying within the following boundary lines, Western Boundary: Those waters east of a line drawn from the most waterward exposed end of the jetty at Toke Point (4642.446'N, 12357.973'W) to Willapa Marker 2 (4641.529'N, 12357.973'W) then 180 degrees true to Goose Point (4638.184'N, 12357.584'W). Eastern boundary that includes those waters west of a North-South line through Marker 29.
Area 2H west of Willapa Channel Marker 40, Area 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2), and Area 2M.
6:00 p.m. September 22 through 6:00 p.m. September 23, ((2009)) 2010;

AND

6:00 p.m. September ((28)) 27 through 6:00 p.m. September ((29)) 28, ((2009)) 2010.

Area 2K
6:00 p.m. September ((22)) 12 through ((6:00)) 5:59 p.m. ((October 7, 2009)) September 15, 2010. Areas 2G east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach, except:
Closed Waters Area (Net Free Zone): That portion of the SMCRA 2G lying within the following boundary lines, Western Boundary: Those waters east of a line drawn from the most waterward exposed end of the jetty at Toke Point (4642.446'N, 12357.973'W) to Willapa Marker 2 (4641.529'N, 12357.973'W) then 180 degrees true to Goose Point (4638.184'N, 12357.584'W). Eastern boundary that includes those waters west of a North-South line (180 degrees true) through Range Marker "B" (4642.564'N, 12351.3'W) between Channel Markers 26 and 28.
Area 2H west of Willapa Channel Marker 40, Area 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2), and Area 2M.
6:00 p.m. ((October 10)) September 15 through 6:00 p.m. ((October 14, 2009)) September 22, 2010. Areas 2G east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach, Area 2H west of Willapa Channel Marker 40, Area 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2), and Area 2M.
((6:00)) 6:01 p.m. ((November 10,)) September 22 through 6:00 p.m. ((November 19, 2009)) September 30, 2010. Areas 2G east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach, Area 2H ((west of the Willapa Channel Marker 40)), Area 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2), and Area 2M.
((Noon, November 6, 2009)) 6:00 p.m. October 1, 2010, through ((noon, November 30, 2009)) 6:00 p.m. October 2, 2010. Areas 2G east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach, Area 2H, Area 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2), and Area 2M.
12:00 p.m. November 6 through 12:00 p.m. November 30, 2010. Areas 2G, 2H, 2J, and 2M.

(2) The Tokeland Boat basin is closed to commercial fishing during the openings in Salmon Management and Catch Reporting Area (SMCRA) 2G, described in this section. The Tokeland Boat basin is that portion of SMCRA 2G bounded on the south by the shoreline of the boat basin, on the west by the seawall, and on the north and east by a line from the Tokeland Channel Marker "3" (flashing green, 4-seconds), to Tokeland Channel Marker "4," to the tip of the seawall.


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)) is permissible 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.

It is unlawful to use a gill net to fish for salmon if the lead line weighs more than two pounds per fathom of net as measured on the cork line, provided that it is lawful to have a gill net with a lead line weighing more than two pounds per fathom aboard a vessel when the vessel is fishing in or in transiting through Willapa Bay.

(b) From August 16 through August 31, 2010: Mesh size must not exceed six-inch minimum mesh to nine-inch maximum mesh.

(c) From September 1 through 6:00 p.m. September ((21, 2009)) 22, 2010: Mesh size must not exceed 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 breakaway panels)).

(((c))) (d) From 6:01 p.m. September 22 through October ((31, 2009)) 15, 2010: Mesh size must not exceed six and one-half inch maximum mesh.

(((d))) (e) From November 6 through November 30, ((2009)) 2010: Mesh size must not exceed nine-inch minimum mesh((; except from 6:00 p.m. November 10 through 6:00 p.m. November 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 used when in the act of fishing)).

(f) Only one net may be fished at a time; other nets must be properly stored.

(g) Each boat must have two operable recovery boxes or one box with two chambers on board when fishing in Willapa Bay Areas 2G, 2H, 2J, 2K, and 2M. 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.

(h) 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.

(i) From August 16 through September 30, 2010, all wild (unmarked) coho, wild (unmarked) Chinook, nonlegal sturgeon and all 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 when fishing in Willapa Bay Areas 2G, 2H, 2J, 2K, and 2M.

From October 1 through October 15, 2010, all wild (unmarked) coho, nonlegal sturgeon, and all 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 when fishing in Willapa Bay Areas 2G, 2H, 2J, 2K, and 2M.

(j) Any fish that is bleeding or lethargic must be placed in the recovery box prior to being released to the river/bay.

(k) All fish placed in recovery boxes must be released to the river/bay prior to landing or docking.


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 Columbia River stock, which is part of the southern population. Therefore, the retention of green sturgeon is prohibited; to protect this federally listed stock.

(6) It is unlawful to fish for salmon with gill net gear in Areas 2G, 2H, 2J, 2K, and 2M unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in possession of a department-issued certification card.

[Statutory Authority: RCW 77.12.047 and 77.04.020. 09-16-125 (Order 09-109), 220-40-027, filed 8/4/09, effective 9/4/09; 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.]

OTS-3066.2


AMENDATORY SECTION(Amending Order 09-133, filed 7/8/09, effective 8/8/09)

WAC 232-28-620   Coastal salmon -- Saltwater seasons and daily limits.   It ((shall be)) is unlawful to take, fish for, or possess salmon taken by angling for personal use except from the following coastal areas, during the following seasons, in the quantities((, for)) and the sizes provided for in WAC 220-56-180, and for the species designated in this section. An area is open when a daily limit is provided:

(1) Catch Record Card Area 1:

(a) May 1 through June ((27)) 11 - Closed.

(b) June ((28)) 12 through June 30 - Daily limit of 2 salmon. Release coho and wild Chinook.

(c) July 1 through September 30 - Daily limit of 2 salmon, of which not more than one may be a Chinook salmon. Release wild coho.

(d) October 1 through April 30 - Closed.

(e) Closed in the Columbia River Mouth Control Zone 1 during all open periods((,)). See WAC 220-56-195.

(2) Catch Record Card Area 2:

(a) May 1 through June ((27)) 11 - Closed.

(b) ((June 28 through July 23 - Open Sundays through Thursdays only. Daily limit 2 salmon plus 1 additional pink salmon, of which not more than one may be a Chinook salmon. Release wild coho.)) June 12 through June 30 - Daily limit of 2 salmon. Release coho and wild Chinook.

(c) July ((24)) 4 through September ((20)) 19 - Open Sundays through Thursdays only. Daily limit 2 salmon ((plus 1 additional pink salmon)), of which not more than one may be a Chinook salmon. Release wild coho.

(d) September ((21)) 20 through April 30 - Closed.

(e) Closed to salmon fishing August 1 through September ((20)) 19 in the Grays Harbor Control Zone described in WAC 220-56-195(11).

(3) Willapa Bay (Catch Record Card Area 2-1):

(a) May 1 through ((June 27)) July 3 - Closed.

(b) ((June 28)) July 4 through July 31 - Open concurrent with Area 2 when Area 2 is open for salmon angling. Area 2 rules apply.

(c) August 1 through ((August 15)) January 31 - Daily limit of six salmon, not more than ((two)) three of which may be adult salmon. Release chum, wild coho and wild Chinook.

(d) ((August 16 through January 31 - Daily limit 6 salmon, not more than 3 of which may be adult salmon, and of the adult salmon, not more than 2 may be Chinook. Release chum.

(e))) February 1 through April 30 - Closed.

(4) Grays Harbor (Catch Record Card Area 2-2 east of the Buoy 13 line):

(a) May 1 through September 15 - Closed.

(b) September 16 through November 30 - Daily limit of 2 salmon((, of which only 1 may be a wild adult coho)). Release chum and ((adult)) Chinook.

(c) December 1 through April 30 - Closed.

(d) Notwithstanding the provisions of this subsection, Westport Boat Basin and Ocean Shores Boat Basin: Open only August 16 through January 31 - Daily limit of six salmon, not more than four of which may be adult salmon.

(5) Grays Harbor (Catch Record Card Area 2-2 west of the Buoy 13 line) - Closed.

(6) Catch Record Card Area 3:

(a) May 1 through June ((26)) 11 - Closed.

(b) ((June 27 through July 17 - Open Tuesdays through Saturdays only. Daily limit of 2 salmon plus 2 additional pink salmon, of which not more than one may be a Chinook salmon. Release wild coho.)) June 12 through June 30 - Daily limit of 2 salmon. Release coho and wild Chinook.

(c) July ((18)) 1 through September ((20)) 19 - Open Tuesdays through Saturdays only. Daily limit of 2 salmon ((plus 2 additional pink)), of which not more than one may be a Chinook salmon. Release wild coho.

(d) September ((21)) 20 through April 30 - Closed.

(e) Notwithstanding the provisions of this subsection, waters north of 4750'00"N latitude and south of 4800'00"N latitude also open September 26 through October 11 - Daily limit two salmon, of which not more than one may be a Chinook salmon. Release wild coho.

(7) Catch Record Card Area 4:

(a) May 1 through June ((26)) 11 - Closed.

(b) ((June 27 through July 17 - Open Tuesdays through Saturdays only. Daily limit of 2 salmon plus 2 additional pink, of which not more than one may be a Chinook salmon. Release wild coho salmon.)) June 12 through June 30 - Daily limit of 2 salmon. Release coho and wild Chinook. Waters east of a true north-south line through Sail Rock closed.

(c) July ((18)) 1 through September ((20)) 19 - Open Tuesdays through Saturdays only. Daily limit of 2 salmon ((plus 2 additional pink)), of which not more than one may be a Chinook salmon. Release wild coho salmon. Waters east of a true north-south line through Sail Rock closed ((June 27)) July 1 through July 31. Release Chinook salmon caught east of the Bonilla-Tatoosh line beginning August 1. Release chum salmon beginning August 1.

(d) September ((21)) 20 through April 30 - Closed.

[Statutory Authority: RCW 77.12.047 and 77.04.020. 09-15-035 (Order 09-133), 232-28-620, filed 7/8/09, effective 8/8/09; 08-15-002 (Order 08-165), 232-28-620, filed 7/3/08, effective 8/3/08; 07-16-056, 232-28-620, filed 7/26/07, effective 8/26/07. Statutory Authority: RCW 77.12.047. 06-16-096 (Order 06-174), 232-28-620, filed 7/31/06, effective 8/31/06; 05-17-007 (Order 05-168), 232-28-620, filed 8/3/05, effective 9/3/05; 04-16-006 (Order 04-182), 232-28-620, filed 7/22/04, effective 8/22/04; 03-16-109 (Order 03-182), 232-28-620, filed 8/6/03, effective 9/6/03; 02-15-097 (Order 02-158), 232-28-620, filed 7/16/02, effective 8/16/02; 01-14-001 (Order 01-107), 232-28-620, filed 6/21/01, effective 7/22/01. Statutory Authority: 2000 c 107 7. 00-16-091 (Order 00-134), amended and recodified as 232-28-620, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-15-081 (Order 99-102), 220-56-190, filed 7/20/99, effective 8/20/99; 98-15-081 (Order 98-122), 220-56-190, filed 7/15/98, effective 8/15/98; 97-18-035, 220-56-190, filed 8/27/97, effective 9/27/97. Statutory Authority: RCW 75.08.080. 96-11-078 (Order 96-44), 220-56-190, filed 5/13/96, effective 6/13/96; 95-12-027 (Order 95-46), 220-56-190, filed 5/31/95, effective 7/1/95; 94-14-069, 220-56-190, filed 7/1/94, effective 8/1/94; 93-14-043 (Order 93-36), 220-56-190, filed 6/29/93, effective 7/30/93; 91-08-054 (Order 91-13), 220-56-190, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-190, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-190, filed 3/16/89; 87-09-066 (Order 87-16), 220-56-190, filed 4/21/87; 86-09-020 (Order 86-08), 220-56-190, filed 4/9/86; 85-09-017 (Order 85-20), 220-56-190, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-190, filed 4/11/84; 83-07-043 (Order 83-16), 220-56-190, filed 3/17/83; 82-13-040 (Order 82-61), 220-56-190, filed 6/9/82; 82-07-047 (Order 82-19), 220-56-190, filed 3/18/82; 80-03-064 (Order 80-12), 220-56-190, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-064.]

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