WSR 14-19-055
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 14-251—Filed September 11, 2014, 4:16 p.m., effective September 12, 2014, 5:00 a.m.]
Effective Date of Rule: September 12, 2014, 5:00 a.m.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-40-02700V; and amending WAC 220-40-027.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 77.12.047.
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: The department of fish and wildlife is seeking to collect information on wild to hatchery ratio and stock composition of chinook salmon in the area with the highest production of hatchery chinook, the Nemah River. This one day, one boat, research project is authorized to capture fish for the collection of this data. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 11, 2014.
Joe Stohr
for Philip Anderson
Director
NEW SECTION
WAC 220-40-02700V Salmon—Willapa Bay fall fishery.
Notwithstanding the provisions of WAC 220-40-027, effective 5:00 a.m. September 12, through 5:00 p.m. September 12, 2014, it is unlawful to fish in waters of Willapa Bay for commercial purposes, except:
(1) Open only in the area east of a line from Needle Point to Ramsey Point and west of the Highway 101 bridge and only for the vessel "Miss Jess".
(2) Mesh size must not exceed six and one-half inches stretched.
(3) The vessel must have two operable recovery boxes or one box with two chambers on board.
(a) Each box and chamber 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.
(b) Each chamber of the recovery box must meet the following dimensions as measured from within the box:
(i) The inside length measurement must be at or within 39-1/2 inches to 48 inches;
(ii) The inside width measurements must be at or within 8 to 10 inches; and
(iii) The inside height measurement must be at or within 14 to 16 inches.
(c) 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 or fresh bay water into each chamber.
(4) All steelhead and wild (unmarked) Chinook must be placed in an operating recovery box which meets the requirements in subsection 3 of this subsection prior to being released to the river/bay as set forth in subsection (9) of this section.
(5) All fish placed in recovery boxes must remain until they are not lethargic and not bleeding and must be released to the river/bay prior to landing or docking.
(6) 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.
(7) Quick reporting is required for wholesale dealers and fishers retailing their catch under a "direct retail endorsement." According to WAC 220-69-240(14), reports must be made by 10:00 a.m. the day following landing.
(8) It is unlawful to retain any species other than coho salmon, chum salmon, or hatchery Chinook marked by a healed scar at the site of the adipose fin.
(9) The fisher must take a department observer onboard the vessel while fishing.
(10) The vessel must stop fishing once 20 unmarked Chinook have been caught or once 200 hatchery Chinook have been caught, whichever comes first.
REPEALER
The following section of the Washington Administrative Code is repealed effective 5:01 p.m. September 12, 2014:
WAC 220-40-02700V
Salmon—Willapa Bay fall fishery.