WSR 23-11-071
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 23-76—Filed May 16, 2023, 4:35 p.m., effective May 18, 2023]
Effective Date of Rule: May 18, 2023.
Purpose: The purpose of this emergency rule is to open coastal commercial salmon Areas 3 and 4 with a reduced trip limit.
Citation of Rules Affected by this Order: Repealing WAC 220-354-30000Q; and amending WAC 220-354-300.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, 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: A harvestable quota of salmon is available for the troll fleet, including in Areas 3 and 4, although a landing and possession limit in Areas 3 and 4 that is reduced from the previous opening is needed to ensure quota is not exceeded. This regulation is necessary to both meet conservation limits and to provide fishing opportunity and its corresponding economic benefit. These rules are adopted at the recommendation of the Pacific Fisheries Management Council, in accordance with preseason fishing plans, and have been adopted for federal waters by the National Oceanic and Atmospheric Administration. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 16, 2023.
Kelly Susewind
Director
NEW SECTION
WAC 220-354-30000RCoastal salmon troll seasonsCommercial.
Notwithstanding the provisions of WAC 220-354-300, WAC 220-353-050 and WAC 220-354-010, effective May 18, 2023, until further notice, it is unlawful to fish for salmon with troll gear or to land salmon taken with troll gear into a Washington port except during the seasons and under conditions provided below:
(1) Salmon Management and Catch Reporting Areas 1, 2, 3, and that portion of Area 4 west of 125°05'00"W longitude and south of 48°23'00"N latitude open: May 18 through June 29, 2023.
(2) Grays Harbor Control Zone, defined by a line drawn from the Westport Lighthouse (46°53′18″N. lat., 124°07′01″W. long.); thence to Buoy #2 (46°52′42″N. lat., 124°12′42″W. long.); thence to Buoy #3 (46°55′00″N. lat., 124°14′48″W. long.); thence to the Grays Harbor north jetty (46°55′36″N. lat., 124°10′51″W. long.), open: May 18 through June 29, 2023.
(3) In Washington Catch Reporting Areas 1, 2, 3 and 4, landing and possession limits combined across all areas of:
(a) 150 Chinook per vessel per landing per landing week, defined as Thursday through Wednesday, from May 18 through June 21
(b) 150 Chinook per vessel for the landing period June 22 through June 29
(4) In Washington Catch Reporting Area 1, landing and possession limits of:
(a) 60 Chinook per vessel per landing per landing week, defined as Thursday through Wednesday, from May 18 through June 21
(b) 60 Chinook per vessel for the landing period June 22 through June 29
(5) In Washington Catch Reporting Area 2, landing and possession limits of:
(a) 150 Chinook per vessel per landing per landing week, defined as Thursday through Wednesday, from May 18 through June 21
(b) 150 Chinook per vessel for the landing period June 22 through June 29
(6) In Washington Catch Reporting Areas 3 and 4, landing and possession limits of:
(a) 35 Chinook per vessel per landing per landing week, defined as Thursday through Wednesday, from May 18 through June 21
(b) 35 Chinook per vessel for the landing period June 22 through June 29
(7) The Cape Flattery and Columbia River Control Zones are closed. The Mandatory Yelloweye Rockfish Conservation Area is closed.
(8) Minimum size for Chinook salmon is 27 inches in length (20 1/2 inches frozen dressed). No minimum size for pink, sockeye or chum salmon. It is unlawful to possess coho salmon.
(9) It is unlawful to fish in Salmon Management and Catch Reporting Areas 1, 2, 3 or 4 with fish on board taken south of Cape Falcon, Oregon and all fish taken from Salmon Management and Catch Reporting Areas 1, 2, 3, and 4 must be landed before fishing south of Cape Falcon, Oregon.
(10) It is unlawful for wholesale dealers and trollers retailing their fish to fail to report their landing by 10:00 a.m. the day following landing. Ticket information can be telephoned in by calling 1-866-791-1279, faxing the information to (360) 902-2949, or e-mailing to trollfishtickets@dfw.wa.gov. Report the dealer name, the dealer license number, the purchasing location, the date of purchase, the fish ticket numbers, the gear used, the catch area, the species, the total number for each species, and the total weight for each species, including halibut.
(11) During any single trip, only one side of the Leadbetter Point line (46°38'10"N. lat.) may be fished.
(a) Vessels fishing or in possession of salmon while fishing south of Leadbetter Point must land and deliver all species of fish within the area south of Leadbetter Point.
(b) For delivery to Washington ports south of Leadbetter Point, vessels must notify WDFW at 360-249-1215 or by email at Danielle.Williams@dfw.wa.gov prior to crossing the Leadbetter Point line with area fished, total Chinook, coho, and halibut catch aboard, and destination with approximate time of delivery.
(c) Vessels may not land fish east of Tongue Point, Oregon.
(12) Vessels fishing or in possession of salmon north of Leadbetter Point must land and deliver all species of fish in a Washington port and must possess a Washington troll and/or salmon delivery license.
(a) Vessels in possession of salmon south of the Queets River may not cross the Queets River line (47°31'42"N. lat.) without first notifying WDFW at 360-249-1215 or by email at Danielle.Williams@dfw.wa.gov with area fished, total Chinook, coho, and halibut catch aboard and destination.
(b) Vessels in possession of salmon north of the Queets River may not cross the Queets River line without first notifying WDFW at 360-249-1215 or by email at Danielle.Williams@dfw.wa.gov with area fished, total Chinook, coho, and halibut catch aboard and destination.
(c) Vessels may not land fish east of the Sekiu River.
REPEALER
The following section of Washington Administrative Code is repealed, effective May 18, 2023:
WAC 220-354-30000Q
Coastal salmon troll seasonsCommercial. (23-68)