WSR 11-17-043

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-189 -- Filed August 10, 2011, 2:33 p.m. , effective August 12, 2011 ]


Effective Date of Rule: August 12, 2011.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100J, 220-47-41100S and 220-47-42700C; and amending WAC 220-47-311, 220-47-411, and 220-47-427.

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: These emergency rules are necessary to comply with agreed upon management plans, and are interim until permanent rules take effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 10, 2011.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-47-31100J   Purse seine -- Open periods.   Notwithstanding the provisions of WAC 220-47-311, 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:

1. Seasons:


AREA TIME DATES
7B, 7C: 6 AM - 8 PM 8/17
8A: 6 AM - 8 PM 8/18

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

a. Chinook salmon - in Area 8A.

b. Coho salmon - in Area 7B.

c. Chum salmon - in Area 8A.

3. All other saltwater and freshwater areas - closed.

[]


NEW SECTION
WAC 220-47-41100S   Gill net -- Open periods.   Notwithstanding the provisions of WAC 220-47-411, 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 periods provided for in each respective fishing area:

1. Seasons:


AREA TIME DATE(S) MINIMUM MESH
7B, 7C: 7 PM - 8 AM NIGHTLY 8/14, 8/16, 8/17, 8/21, 7"
8A: 5 AM - 11:30 PM 8/17 5" minimum and 5 1/2" maximum
9A: Skiff gill net only. 7 AM - 11:59 PM 8/21 5"

2. Skiff gill net definition is in WAC 220-16-046, and lawful gear description is in WAC 220-47-302.

3. It is unlawful to retain Chinook and chum salmon taken in Area 9A. Any salmon required to be released in Area 9A must be removed from the net by cutting the meshes ensnaring the fish.

4. Nightly openings refer to the start date.

5. 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.

6. All other saltwater and freshwater areas - closed.

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 220-47-42700C   Puget Sound -- Beach seine -- Emerging commercial fishery -- Eligibility -- Lawful gear.   Notwithstanding the provisions of WAC 220-47-427:

(1) The Puget Sound beach seine salmon fishery is designated as an emerging commercial fishery for which a vessel is required. An emerging commercial fishery license and an experimental fishery permit are required to participate in this fishery.

(2) The department will issue four salmon beach seine experimental fishery permits.

(3) The following is the selection process the department will use to offer a salmon beach seine experimental permit.

(a) Persons who held a salmon beach seine experimental fishery permit in the previous management year will be eligible for a permit in the current management year.

(b) The department will work with the advisory board, per RCW 77.70.160(1), to establish criteria by which applicants would qualify to enter the pool. The pool established by this drawing will be maintained to replace any permit(s) which may be voided.

(4) Permit holders are required to participate in the salmon beach seine experimental fishery.

(a) For purposes of this section, "participation" means the holder of the salmon beach seine experimental permit being aboard the designated vessel in the open fishery.

(b) If the salmon beach seine experimental permit holder fails to participate, the salmon beach seine experimental permit issued to that fisher will be void and a new salmon beach seine experimental permit will be issued through a random drawing from the applicant pool.

(c) The department may require proof of participation by requiring participants to maintain a department approved log book or register with state officials each day the salmon beach seine experimental permit holder participates.

(d) Persons who participate, but violate conditions of a salmon beach seine experimental permit, will have the permit voided, and a new salmon beach seine experimental permit will be reissued through a random drawing from the pool of the voided permit holder.

(5) In Quilcene Bay, chum salmon may not be retained by a salmon beach seine experimental permit holder. Chum salmon in Quilcene Bay must be released alive.

(6) Any person who fails to purchase the license, fails to participate, or violates the conditions of a salmon beach seine experimental permit will have his or her name permanently withdrawn from the pools.

(7) It is unlawful to take salmon with beach seine gear that does not meet the requirements of this subsection.

(a) Beach seine salmon nets in Puget Sound shall not exceed 600 feet in length or 100 meshes in depth, or contain meshes of a size less than 3 inches or greater than 4 inches.

(b) Mesh webbing must be constructed with a twine size no smaller than 210/30d nylon, 12 thread cotton, or the equivalent diameter in any other material.

[]


REPEALER


The following section of the Washington Administrative Code are repealed effective August 21, 2011:


WAC 220-47-31100J Purse seine -- Open periods.
WAC 220-47-41100S Gill net -- Open periods.
WAC 220-47-42700C Puget Sound -- Beach seine -- Emerging commercial fishery -- Eligibility -- Lawful gear.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office