H-4041              _______________________________________________

                                                   HOUSE BILL NO. 1646

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives K. Wilson, Hargrove, Spanel and Haugen

Read first time 1/22/88 and referred to Committee on Natural Resources.

AN ACT Relating to daylight gill net fishing; and amending RCW 75.12.010.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 75.12.010, chapter 12, Laws of 1955 as last amended by section 46, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.010 are each amended to read as follows:

          (1) Except as provided in this section, it is unlawful to fish commercially for salmon within the waters described in subsection (2) of this section.

          (2) All waters east and south of a line commencing at a concrete monument on Angeles Point in Clallam county near the mouth of the Elwha River on which is inscribed "Angeles Point Monument" (latitude 48° 9'3"north, longitude 123° 33'01" west of Greenwich Meridian); thence running east on a line 81° 30' true across the flashlight and bell buoy off Partridge Point and thence continued to longitude 122° 40' west; thence north to the southerly shore of Sinclair Island; thence along the southerly shore of the island to the most easterly point of the island; thence 46° true to Carter Point, the most southerly point of Lummi Island; thence northwesterly along the westerly shore line of Lummi Island to where the shore line intersects line of longitude 122° 40' west; thence north to the mainland, including:  The southerly portion of Hale Passage, Bellingham Bay, Padilla Bay, Fidalgo Bay, Guemes Channel, Skagit Bay, Similk Bay, Saratoga Passage, Holmes Harbor, Possession Sound, Admiralty Inlet, Hood Canal, Puget Sound, and their inlets, passages, waters, waterways, and tributaries.

          (3) The director may authorize commercial fishing for sockeye salmon within the waters described in subsection (2) of this section during the period June 10 to July 25 and for other salmon from the second Monday of September through November 30, except during the hours between 4:00 p.m. of Friday and 4:00 p.m. of the following Sunday.

          (4) (a) The director may authorize commercial fishing for salmon with gill net gear prior to the second Monday in September within the waters of Hale Passage, Bellingham Bay, Samish Bay, Padilla Bay, Fidalgo Bay, Guemes Channel, Skagit Bay, and Similk Bay, to wit:  Those waters northerly and easterly of a line commencing at Stanwood, thence along the south shore of Skagit Bay to Rocky Point on Camano Island; thence northerly to Polnell Point on Whidbey Island.

(b) The director shall, during the season authorized under this subsection, authorize commercial fishing for salmon with gill net gear during daylight hours.  In no case shall the director allow less than sixteen hours per day of salmon gill net fishing, unless it shall be necessary to permit fewer hours in order to conserve fish or to provide equitable fishing opportunities for other fishing groups.  To avoid conflicts with purse seine salmon fishing gear, fishing with gill net gear will be permitted on days alternating with the day fishing with purse seine gear is permitted.

          (5) Whenever the director determines that a stock or run of salmon cannot be harvested in the usual manner, and that the stock or run of salmon may be in danger of being wasted and surplus to natural or artificial spawning requirements, the director may authorize units of gill net and purse seine gear in any number or equivalents, by time and area, to fully utilize the harvestable portions of these salmon runs for the economic well being of the citizens of this state.  Gill net and purse seine gear other than emergency and test gear authorized by the director shall not be used in Lake Washington.

          (6) The director may authorize commercial fishing for pink salmon in each odd-numbered year from August 1 through September 1 in the waters lying inside of a line commencing at the most easterly point of Dungeness Spit and thence projected to Point Partridge on Whidbey Island and a line commencing at Olele Point and thence projected easterly to Bush Point on Whidbey Island.