WSR 16-15-029
PERMANENT RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-176—Filed July 12, 2016, 1:43 p.m., effective August 12, 2016]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Amends rules for commercial salmon fishing in Willapa Bay, includes WAC 220-40-027 Salmon—Willapa Bay fall fishery. These rules incorporate recommendations of the North of Falcon subgroup of the Pacific Fisheries Management Council for taking harvestable numbers of salmon during the commercial salmon fisheries in Willapa Bay, while protecting species of fish listed as endangered.
Citation of Existing Rules Affected by this Order: Amending WAC 220-40-027.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, 77.12.047, and 77.04.055.
Adopted under notice filed as WSR 16-11-100 on May 18, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 11, 2016.
J. W. Unsworth
Director
AMENDATORY SECTION (Amending WSR 15-18-029, filed 8/25/15, effective 9/8/15)
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) Gillnet gear may be used to fish for coho salmon, chum salmon, and Chinook salmon:
Area
Time
Date(s)
Maximum
Mesh Size
2M, 2N, 2R
((6:00)) 7:00 a.m. through ((6:00)) 7:00 p.m.
((9/8, 9/10)) 9/6, 9/7
 
((6.5"))
4.25"
2M, 2R
7:00 a.m. through 7:00 p.m.
9/8
 
4.25"
2T
6:00 a.m. through 6:00 p.m.
((9/16, 9/17, 9/18, 9/19))
9/16, 9/17
 
6.5"
2M, ((2N,)) 2R
6:00 a.m. through 6:00 p.m.
9/11, 9/12, 9/13, 9/14, ((9/15,)) 9/16, 9/17((, 9/18, 9/19))
 
6.5"
2N
6:00 a.m. through 6:00 p.m.
9/11, 9/12, 9/13, 9/16, 9/17
 
6.5"
2U
6:00 a.m. through 6:00 p.m.
9/16((, 9/17, 9/18, 9/19))
 
4.25"
2T
((6:30)) 6:00 a.m. through ((6:30)) 6:00 p.m.
9/19, 9/20, 9/21, 9/22((, 9/23, 9/24, 9/25, 9/26,))
 
6.5"
2U
((6:30)) 6:00 a.m. through ((6:30)) 6:00 p.m.
9/19, 9/20, 9/21, 9/22, 9/23
 
4.25"
((2U)) 2N
((6:30)) 6:00 a.m. through ((6:30)) 6:00 p.m.
9/20, 9/21, 9/22, 9/23, 9/24((, 9/25, 9/26,))
 
6.5"
2M, ((2N,)) 2R
((6:30)) 6:00 a.m. through ((6:30)) 6:00 p.m.
9/18, 9/19, 9/20, 9/21, 9/22, 9/23((, 9/24, 9/25, 9/26,))
 
6.5"
2M, 2N, 2R, 2T
7:00 a.m. through 7:00 p.m.
9/27, 9/28, 9/29, 9/30, 10/1((, 10/2, 10/3,))
 
6.5"
2U
7:00 a.m. through 7:00 p.m.
9/27, 9/28, 9/29, 9/30, 10/1
 
4.25"
2U
7:00 a.m. through 7:00 p.m.
((10/1, 10/2,)) 10/3, 10/4, 10/5, 10/6
 
((6.5"))
4.25"
2M, 2N, 2R
7:00 a.m. through 7:00 p.m.
((9/28, 9/29, 9/30, 10/1, 10/2,)) 10/3, 10/4, 10/5, 10/6
 
6.5"
2U
((7:30)) 7:00 a.m. through ((7:30)) 7:00 p.m.
((10/5)) 10/9, 10/10, 10/11, 10/12, 10/13, 10/14
 
((6.5"))
4.25"
((2M, 2N
7:30 a.m. through 7:30 p.m.
10/5, 10/6, 10/7, 10/8, 10/9
 
6.5"
2R
7:30 a.m. through 7:30 p.m.
10/5, 10/6
 
6.5"))
2M, 2N, 2R, 2T, 2U
12:01 a.m. through 11:59 p.m.
((11/2, 11/3,)) 11/1 through 11/4((, 11/5, 11/6))
 
6.5"
2M, 2N, 2R, 2T, 2U
12:01 a.m. through 11:59 p.m.
((11/9, 11/10, 11/11, 11/12, 11/13)) 11/7 through 11/11
 
6.5"
2M, 2N, 2R, 2T, 2U
12:01 a.m. through 11:59 p.m.
((11/16, 11/17,)) 11/14 through 11/18((, 11/19, 11/20))
 
6.5"
2M, 2N, 2R, 2T, 2U
12:01 a.m. through 11:59 p.m.
((11/23, 11/24,)) 11/21 through 11/25((, 11/26, 11/27))
 
6.5"
((Note: Those waters of 2T north of a line from Toke Point channel marker 3 easterly through Willapa Harbor channel marker 13 (green), then northeasterly to the power transmission pole located at 46°43.1907'N; 123°50.83134'W are closed through September 30.))
Gear:
(2) Gillnet gear restrictions - All areas:
(a)(((i))) Drift gillnet gear only. It is unlawful to use set net gear.
(b) 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.
(((ii))) (c) It is unlawful to use a gillnet to fish for salmon if the lead line weighs more than two pounds per fathom of net as measured on the cork line.
(d) 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 transiting through Willapa Bay, provided the net is 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.
(((b))) (e) From 12:01 a.m. September ((8)) 6 through November 30: Mesh size must not exceed six and one-half inches stretched, except mesh size must not exceed four and one-quarter inches stretched in Areas 2M, 2N, 2R on September 6, 7, and 8 and in Area 2U on September 16, ((17, 18,)) 19, 20, 21, 22, 23, 27, 28, ((and)) 29, 30, October 1, 3, 4, 5, 6, 9, 10, 11, 12, 13, and 14.
Other:
(3) Recovery boxes and soak time limits described in this section are required from 12:01 a.m. September ((8)) 6 through 11:59 p.m. October ((10)) 14:
(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.
(i) 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.
(ii) Each chamber of the recovery box must meet the following dimensions as measured from within the box:
(A) The inside length measurement must be at or within 39-1/2 inches to 48 inches;
(B) The inside width measurements must be at or within 8 to 10 inches; and
(C) The inside height measurement must be at or within 14 to 16 inches.
(iii) 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) All steelhead and wild (unmarked) Chinook must be placed in an operating recovery box, which meets the requirements in (a) of this subsection prior to being released to the river/bay as set forth in (c) of this subsection. From September ((8)) 6 through October ((3)) 1, all chum must be placed in an operating recovery box which meets the requirements in (a) of this subsection prior to being released to the river/bay as set forth in (c) of this subsection.
(c) 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.
(d) 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.
(4) 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.
(5) Retention prohibitions:
(a) All green and white sturgeon and all steelhead, except as provided in subsection (3) of this section, must be handled with care to minimize injury to the fish and must be released immediately to the river/bay.
(b) Retention of any species other than coho salmon, chum salmon, or Chinook is prohibited.
(c) From 12:01 a.m. September ((8)) 6 through 11:59 p.m. October ((3)) 1, retention of any species other than coho salmon or hatchery Chinook marked by a healed scar at the site of the adipose fin is prohibited.
(d) From 12:01 a.m October ((4)) 2 through 11:59 p.m. October ((10)) 14, retention of any species other than coho salmon, chum salmon, or hatchery Chinook marked by a healed scar at the site of the adipose fin is prohibited.
(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) Do NOT remove tags from white sturgeon. Please obtain available information from tags without removing tags. Submit tag information to the Washington Department of Fish and Wildlife, 48 Devonshire Rd., Montesano, WA 98563.
(8) Those waters of Area 2T north of a line from Toke Point channel marker 3 easterly through Willapa Harbor channel marker 13 (green), then northeasterly to the power transmission pole located at 46°43.1907'N, 123°50.83134'W are CLOSED from 6:00 a.m. September 16, 2016 through 11:59 p.m., September 30, 2016.
(9) It is unlawful to fish with gillnet gear in Areas 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.
(((9))) (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 September 1.
(((10) Fishers must provide notice of intent to participate in 2U on September 16, 17, 18, 19, 20, 21, 22, 27, 28, and 29 by contacting quick reporting by phone, fax, or e-mail. Notice of intent must be given prior to 12:00 p.m. on September 1. Fishers must take department observers when participating in these openings.))