WSR 12-11-093

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed May 18, 2012, 4:23 p.m. , effective June 18, 2012 ]


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

Purpose: Amend rules for commercial salmon fishing in Grays Harbor and Willapa Bay, includes WAC 220-36-023 Salmon -- Grays Harbor fall fishery, 220-40-021 Willapa Bay salmon -- Summer fishery, and 220-40-027 Salmon -- Willapa Bay fall fishery.

Citation of Existing Rules Affected by this Order: Amending WAC 220-36-023, 220-40-021, and 220-40-027.

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

Adopted under notice filed as WSR 12-05-111 on February 22, 2012.

Changes Other than Editing from Proposed to Adopted Version: In WAC 220-36-023, the Washington department of fish and wildlife (WDFW) amended the proposal to allow harvest of hatchery origin chinook in fisheries directed on Chehalis River stocks (Catch Areas 2A and 2D). However, predicted abundance of chum is not sufficient to allow harvest without significantly constraining the harvest of abundant coho and hatchery origin chinook.

The expected abundance of Humptulips coho is sufficient to allow harvest of both hatchery and natural origin coho in Catch Area 2C. The expected encounter of chum is very small, and allowing retention of chum will not constrain chinook and coho harvest beyond achieving conservation objectives for each of these stocks.

In WAC 220-40-021, WDFW amended the proposal to require the release of chum and wild chinook, and the agency adjusted the dates for the fisheries to reduce the impact to the sport fishery. Forecasts for chum and wild chinook returning to Willapa Bay are not of sufficient abundance to allow directed fisheries. Additionally, requiring the release of unmarked chinook provides additional protection for chinook stocks originating from the Columbia River that "dip-in" to Willapa Bay.

In WAC 220-40-027, WDFW amended the proposal to require the release of chum and wild chinook, and the agency modified the season structure and open areas to reduce the interaction between sport and commercial fisheries. Release requirements for chum and wild chinook reflect 2012 forecasts for chum and wild chinook returning to Willapa Bay. The numbers of these fish are insufficient to allow directed fisheries.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 3, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, 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 18, 2012.

Philip Anderson

Director

OTS-4637.4


AMENDATORY SECTION(Amending Order 11-91, filed 6/22/11, effective 7/23/11)

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)) Gillnet gear may be used to fish for Chinook, coho, chum salmon, and white sturgeon ((only according to)) as provided for in subsections (6) and (7) of this section and in the times and area identified in the chart below. ((All nonlegal sturgeon, 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. August ((18)) 19 through 6:00 p.m. August ((19, 2011)) 20, 2012; Area 2C
6:00 p.m. August ((21)) 23 through 6:00 p.m. August ((22, 2011)) 24, 2012;
6:00 p.m. August ((25)) 27 through 6:00 p.m. August ((26, 2011)) 28, 2012;
6:00 p.m. August ((28)) 29 through 6:00 p.m. August ((29, 2011)) 30, 2012;
((6:00 p.m. September 1 through 6:00 p.m. September 2, 2011;))
6:00 p.m. September ((7)) 5 through 6:00 p.m. September ((8, 2011)) 6, 2012;
((6:00 p.m. September 11 through 6:00 p.m. September 12, 2011;))
AND
6:00 p.m. September ((15)) 28 through 6:00 p.m. September ((16, 2011;)) 29, 2012.
((9:30 a.m. October 24 through 7:30 p.m. October 24, 2011;
AND
5:00 a.m. October 25 through 3:00 p.m. October 25, 2011.))
((9:00)) 6:00 a.m. October ((8)) 1 through ((7:00)) 6:00 p.m. October ((8, 2011)) 1, 2012;

((7:00)) 6:00 a.m. October ((12)) 2 through ((5:00)) 6:00 p.m. October ((12, 2011)) 2, 2012;

((AND

8:30 a.m. October 18 through 6:30 p.m. October 18, 2011;)) 6:00 a.m. October 12 through 6:00 p.m. October 12, 2012;

Area 2A ((shall include those waters of Grays Harbor and the Chehalis River estuary 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;))

AND

AND

6:00 a.m. October 14 through 6:00 p.m. October 14, 2012.

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," located on the south shore of Grays Harbor, then to the eastern boundary of Area 2D at the Highway 101 Bridge.
((8:30)) 6:00 a.m. October ((23)) 19 through ((6:30)) 6:00 p.m. October ((23, 2011)) 19, 2012;

6:00 a.m. October 20 through 6:00 p.m. October 20, 2012;

AND

((7:30 a.m.)) 6:00 p.m. October ((28)) 21 through ((4:30)) 6:00 p.m. October ((28, 2011)) 22, 2012.

Area 2A ((shall include those waters of Grays Harbor and the Chehalis River estuary 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;)) and

Area 2D.


Gear:


(2) ((Gill net)) Gillnet gear restrictions: All areas:

(a) Drift ((gill net)) gillnet gear only. It is unlawful to use set net gear. It is permissible to have on board a commercial vessel more than one net, provided the nets are of a mesh size 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)) gillnet to fish for salmon or white sturgeon if the lead line weighs more than two pounds per fathom of net as measured on the cork line((, provided that)). It is ((lawful)) permissible to have a ((gill net)) gillnet 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) From August 16 through September 30, ((2011)) 2012: In Area 2C, mesh size must not exceed ((seven)) eight and one-half inch ((minimum to nine-inch)) maximum.

(c) From October 1 through October ((22, 2011)) 31, 2012: In Areas 2A and 2D, mesh size must not exceed ((six-inch)) six and one-half inch maximum. Nets may be no more than fifty-five meshes deep. ((Nets must hang straight from top to the bottom. Strings may only be used to secure breakaway panels.

From October 23 through October 31, 2011: In Areas 2A and 2D mesh size must not exceed six and one-half inch maximum.

From October 24 through October 31, 2011: In Area 2C mesh size must not exceed nine-inch maximum.

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

(d)))


Other:


(3) Recovery boxes and soak times:

(a) For Areas 2A and 2D, soak time must not exceed 45 minutes. Soak time is defined as the time elapsed from when the first of the ((gill net)) gillnet web is deployed into the water until the ((gill net)) gillnet web is fully retrieved from the water.

(((e))) (b) Any steelhead or salmon that is required to be released and is bleeding or lethargic must be placed in a recovery box prior to being released to the river/bay. The recovery box must meet the requirements in (d) of this subsection.

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

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

(i) 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 Area 2C.

(ii) All 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 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)
)) (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.

(((4))) (5) 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 12:00 p.m. on August ((14, 2011, for August and September openings and prior to 12:00 p.m. on October 18 for the October)) 15, 2012, for openings in Area 2C. Notice of intent must be given prior to 12:00 p.m. ((October 4, 2011)) on September 26, 2012, for ((the)) openings in Areas 2A and 2D.

(((5) The)) (6) Retention of ((green sturgeon)) any species other than Chinook, coho, and chum, and white sturgeon with a fork length measure of not less than 43 inches and not more than 54 inches, is prohibited in Area 2C.

(((6))) (7) Retention of any species other than coho salmon, white sturgeon with a fork length measure of not less than 43 inches and not more than 54 inches, and hatchery Chinook marked by a healed scar at the site of the adipose fin, is prohibited in Areas 2A and 2D from October 1 through October 20, 2012. Retention of any species other than coho, chum, white sturgeon with a fork length measure of not less than 43 inches and not more than 54 inches, and hatchery Chinook marked by a healed scar at the site of the adipose fin, is prohibited in Areas 2A and 2D from October 21 through October 24, 2012.

(8) Report ALL encounters of green sturgeon, steelhead, and wild (unmarked) Chinook (your name, date of encounter, and number of species encountered) to the quick reporting office via phone at 866-791-1280, fax at 360-249-1229, or e-mail at harborfishtickets@dfw.wa.gov. Fishers may have wholesale dealers use the "buyer only" portion of the fish ticket and include encounters with each day's quick reporting.

(9) White sturgeon, when lying on their side, are measured from the tip of the nose to the fork of the tail. This measurement is referred to as the fork length. All white sturgeon to be retained must have a fork length measure of no less than 43 inches and no more than 54 inches.

(10) Do NOT remove tags from white sturgeon that are not allowed to be retained. For white sturgeon that can be retained, please submit tags to the Washington Department of Fish and Wildlife, 48 Devonshire Rd., Montesano, WA 98563. For white sturgeon not of a legal size and all green sturgeon, obtain available information from tags without removing the tags.

(11) It is unlawful to fish for salmon with ((gill net)) gillnet gear in Areas 2A, 2C, and 2D unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and has in ((their)) his or her possession a department-issued certification card.

[Statutory Authority: RCW 77.04.020, 77.12.045, and 77.12.047. 11-14-003 (Order 11-91), 220-36-023, filed 6/22/11, effective 7/23/11; 10-12-061 (Order 09-108), 220-36-023, filed 5/27/10, effective 6/27/10. 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.]

OTS-4636.4


AMENDATORY SECTION(Amending Order 09-108, filed 5/27/10, effective 6/27/10)

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((.)), except that:


Fishing periods:


(1) Gillnet gear may be used to fish for coho salmon, white sturgeon, and adipose fin-clipped hatchery Chinook salmon:


Time: Areas:
6:00 p.m. August 12 through 11:59 p.m. August 15, 2012. 2M, 2N, 2R, 2T, and 2U

Gear:


(2) Gillnet gear restrictions - All areas:

(a) Drift gillnet gear only. It is unlawful to use set net gear. It 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.

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

It is unlawful to use a gillnet to fish for salmon or white sturgeon if the lead line weighs more than two pounds per fathom of net as measured on the cork line. It is permissible to have a gillnet with a lead line weighing more than two pounds per fathom aboard a vessel when the vessel is fishing in or in transit through Willapa Bay.

(b) Mesh size must not exceed nine inches.


Other:


(3) Recovery boxes and soak times:

(a) Each boat must have two operable recovery boxes or one box with two chambers on board when fishing in Willapa Bay Areas 2M, 2N, 2R, 2T, and 2U. 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.

(b) Soak time must not exceed 45 minutes. Soak time is defined as the time elapsed from when the first of the gillnet web is deployed into the water until the gillnet web is fully retrieved from the water.

(c) All wild (unmarked) Chinook, chum, 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 an operating recovery box when fishing in Willapa Bay Salmon Management Catch Reporting Areas (SMCRA) 2M, 2N, 2R, 2T, and 2U.

(d) Any steelhead or salmon that is required to be released and is bleeding or lethargic must be placed in the recovery box prior to being released to the river/bay. The recovery box must meet the requirements in (a) of this subsection.

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

(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) Retention of any species other than coho salmon, white sturgeon with a fork length measure of not less than 43 inches and not more than 54 inches, and hatchery Chinook marked by a healed scar at the site of the adipose fin, is prohibited.

(6) Report ALL encounters of wild (unmarked) Chinook, green sturgeon, and steelhead (your name, date of encounter, and number of species encountered) to the quick reporting office via phone at 866-791-1280, fax at 360-249-1229, or e-mail at harborfishtickets@dfw.wa.gov. Fishers may have wholesale dealers use the "buyer only" portion of the fish ticket and have encounters included with each day's quick reporting.

(7) White sturgeon, when lying on their side, are measured from the tip of the nose to the fork of the tail. This measurement is referred to as the fork length. All white sturgeon to be retained must have a fork-length measure of no less than 43 inches and no more than 54 inches.

(8) Do NOT remove tags from white sturgeon that are not allowed to be retained. For white sturgeon that can be retained, please submit tags to the Washington Department of Fish and Wildlife, 48 Devonshire Rd., Montesano, WA 98563. For white sturgeon not of a legal size and all green sturgeon, obtain available information from tags without removing the tags.

(9) It is unlawful to fish with gillnet gear in Areas 2K, 2M, 2N, 2R, 2T, and 2U unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and has in his or her possession a department-issued certification card.

(10) Fishers must take department observers if requested by department staff when participating in these openings. 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 12:00 p.m. on August 8, 2012.

[Statutory Authority: RCW 77.04.020, 77.12.045, and 77.12.047. 10-12-061 (Order 09-108), 220-40-021, filed 5/27/10, effective 6/27/10. 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 11-91, filed 6/22/11, effective 7/23/11)

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)) Gillnet gear may be used to fish for ((salmon and white sturgeon only as shown below. All nonlegal sturgeon, 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)) coho salmon, white sturgeon, and adipose fin-clipped hatchery Chinook:


Time: Area:
12:00 a.m. August 16 through 6:00 a.m. August 16, 2012; Area 2M, Area 2N, Area 2R, Area 2T, and Area 2U
6:00 p.m. August ((29)) 21 through 6:00 a.m. August ((30, 2011)) 22, 2012; ((Area 2N and)) Area 2U
((AND))
6:00 p.m. August ((31)) 26 through 6:00 a.m. ((September 1, 2011.)) August 27, 2012; Area 2N, Area 2R, and Area 2U
AND
6:00 p.m. ((September 6)) August 28 through 6:00 a.m. ((September 7, 2011)) August 29, 2012; ((Area 2N, Area 2R, and Area 2U))
((AND))
6:00 p.m. August 30 through 6:00 a.m. August 31, 2012; Area 2N and Area 2U
6:00 p.m. September ((8)) 4 through 6:00 a.m. September ((9, 2011.)) 5, 2012; Area 2N, Area 2R, and Area 2U
AND
6:00 p.m. September ((13)) 6 through 6:00 ((p.m.)) a.m. September ((22, 2011.)) 7, 2012; ((Area 2M, Area 2N, Area 2R, Area 2T, and Area 2U))
6:00 p.m. September 9 through 6:00 a.m. September 10, 2012;

6:00 p.m. September 12 through 6:00 a.m. September 13, 2012;

Area 2M, Area 2N, Area 2R, Area 2T, east of a line projected from the eastern most upland at Toke Point (approximately 46 42' 26"N, 123 57' 58"W) to Goose Point (approximately 46 38' 12" N, 123 57' 31" W) then to the eastern boundary at Range Marker "B" (located at 46 42' 34" N, 123 51' 18" W), and Area 2U
6:00 p.m. September ((21)) 19 through 6:00 p.m. September ((22, 2011)) 20, 2012; Area 2K
AND
6:00 p.m. September ((28)) 26 through 6:00 p.m. September ((29, 2011.)) 27, 2012;
6:00 p.m. September ((24)) 15 through 6:00 p.m. ((September 30, 2011)) October 13, 2012; Area 2M, Area 2N, Area 2R, Area 2T, and Area 2U
((6:00 p.m. October 2 through 6:00 p.m. October 7, 2011;
6:00 p.m. October 10 through 6:00 p.m. October 14, 2011;))
AND
12:00 p.m. November 6 through 12:00 p.m. November 30, ((2011)) 2012.


Gear:


(2) ((Gill net)) Gillnet gear restrictions - All areas:

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

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

It is unlawful to use a ((gill net)) gillnet to fish for salmon and/or white sturgeon if the lead line weighs more than two pounds per fathom of net as measured on the cork line((, provided that)). It is ((lawful)) permissible to have a ((gill net)) gillnet 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 September ((12, 2011)) 13, 2012: Mesh size must not exceed nine-inch maximum mesh.

(c) From September ((13)) 15 through ((September 23, 2011)) October 31, 2012: Mesh size must not exceed ((six-inch)) six and one-half inch maximum mesh.

(d) ((From September 24 through October 31, 2011: Mesh size must not exceed six and one-half inch maximum mesh.

(e))) From November 6 through November 30, ((2011)) 2012: Mesh size must ((not exceed)) be nine-inch minimum mesh, except that from 6:00 p.m. November 11 through 6:00 p.m. November 19, ((2011)) 2012 (coho directed), there are two alternatives:

(i) Use six and one-half inch maximum mesh; or

(ii) Use nine-inch minimum mesh.

Only one net of either six and one-half 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)))


Other:


(3) Recovery boxes and soak time:

(a) Each boat must have two operable recovery boxes or one box with two chambers on board when fishing in Willapa Bay Areas 2K, 2M, 2N, 2R, 2T, and 2U from August 16 through October 31, ((2011)) 2012. 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))) (b) From August 16 through October 31, 2012, soak time must not exceed 45 minutes. Soak time is defined as the time elapsed from when the first of the ((gill net)) gillnet web is deployed into the water until the ((gill net)) gillnet web is fully retrieved from the water.

(((i))) (c) From August 16 through ((September 30, 2011)) October 31, 2012, all ((wild (unmarked) Chinook,)) chum, nonlegal sturgeon ((and)), all steelhead, and wild (unmarked) Chinook 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 2K, 2M, 2N, 2R, 2T, and 2U.

((From October 1 through October 31, 2011, all wild (unmarked) Chinook, chum, 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 2K, 2M, 2N, 2R, 2T, and 2U.))

From November 6 through November 30, ((2011)) 2012, all chum, all nonlegal sturgeon, and all steelhead must be handled with ((card)) care to minimize injury to the fish and must be released immediately to the river/bay when fishing in Willapa Bay Areas ((2K,)) 2M, 2N, 2R, 2T, and 2U.

(((j))) (d) Any ((fish that)) steelhead or salmon required to be released and is bleeding or lethargic must be placed in the recovery box prior to being released to the river/bay. The recovery box must meet the requirements in (a) of this subsection.

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


((Other:


(3)
)) (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.

(((4) The)) (5) Retention of ((green sturgeon)) any species other than coho salmon, white sturgeon with fork length measure not less than 43 inches and not more than 54 inches, and hatchery Chinook marked by a healed scar at the site of the adipose fin is prohibited.

(((5))) (6) Report ALL encounters of green sturgeon, steelhead, and wild (unmarked) Chinook (your name, date of encounter, and number of species encountered) to the quick reporting office via phone at 866-791-1280, fax at 360-249-1229, or e-mail at harborfishtickets@dfw.wa.gov. Fishers may have wholesale dealers use the "buyer only" portion of the fish ticket and have encounters included with each day's quick reporting.

(7) White sturgeon, when lying on their side, are measured from the tip of the nose to the fork of the tail. This measurement is referred to as the fork length. All white sturgeon to be retained must have a fork length measure of no less than 43 inches and no more than 54 inches.

(8) Do NOT remove tags from white sturgeon that are not allowed to be retained. For white sturgeon that can be retained, please submit tags to the Washington Department of Fish and Wildlife, 48 Devonshire Rd., Montesano, WA 98563. For white sturgeon not of a legal size and all green sturgeon, obtain available information from tags without removing tags.

(9) It is unlawful to fish with ((gill net)) gillnet gear in Areas 2K, 2M, 2N, 2R, 2T, and 2U unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and has in their possession a department-issued certification card.

(10) Fishers must take department observers if requested by department staff when participating in these openings. 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 12:00 p.m. on August 15, 2012.

[Statutory Authority: RCW 77.04.020, 77.12.045, and 77.12.047. 11-14-003 (Order 11-91), 220-40-027, filed 6/22/11, effective 7/23/11; 10-12-061 (Order 09-108), 220-40-027, filed 5/27/10, effective 6/27/10. 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.]

Washington State Code Reviser's Office