WSR 97-09-097

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Filed April 23, 1997, 11:07 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-06-129.

Title of Rule: Commercial fishing rules.

Purpose: Amend coastal harbor salmon net seasons.

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: Proposes options for 1997 salmon seasons in Grays Harbor and Willapa Bay.

Reasons Supporting Proposal: A harvestable surplus of salmon will be returning to the coastal harbors. Rules are needed to ensure conservation of brood stock while affording harvest opportunity.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Bruce Crawford, 1111 Washington Street, Olympia, 902-2325; and Enforcement: Ron Swatfigure, 1111 Washington Street, Olympia, 902-2927.

Name of Proponent: Washington State Department of Fish and Wildlife, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Sets seasons for gill net fishery in Grays Harbor and Willapa Bay.

Proposal Changes the Following Existing Rules: Amends existing season rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Seasonal restrictions are under guidelines set by the Pacific Fisheries Management Council, and are not subject to state regulatory change without federal agreement. The only variables are proposed dates of harvest, and no mitigation is possible because all Washington salmon fisheries are under limited entry. There are no compliance measures required, no costs of compliance, and any revenue loss is directly a consequence of the abundance of salmon, or lack thereof. There is no differential between similarly situated licensees. Industry has been fully involved in the federal recommendation process.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Holiday Inn Select, 2300 Evergreen Park Drive, Olympia, on May 30, 1997, at 4:00 p.m.

Assistance for Persons with Disabilities: Contact Robin Ayers by May 15, 1947 [1997], TDD (360) 902-2207, or (360) 902-2933.

Submit Written Comments to: Evan Jacoby, Washington Department of Fish and Wildlife, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501, FAX (360) 902-2942, by May 25, 1997.

Date of Intended Adoption: May 30, 1997.

April 23, 1997

Evan Jacoby

Rules Coordinator

AMENDATORY SECTION (Amending Order 96-77, filed 6/11/96, effective 7/12/96)

WAC 220-36-021 Salmon--Grays Harbor--Summer fishery. From July 5 through August 15 of ((1996)) 1997, it is unlawful to fish for salmon in Grays Harbor for commercial purposes or to possess salmon taken from those waters for commercial purposes.

[Statutory Authority: RCW 75.08.080. 96-13-035 (Order 96-77), 220-36-021, filed 6/11/96, effective 7/12/96; 95-13-065 (Order 95-76), 220-36-021, filed 6/19/95, effective 7/20/95; 94-13-014 (Order 94-46), 220-36-021, filed 6/3/94, effective 7/4/94; 90-18-023 (Order 90-77), 220-36-021, filed 8/24/90, effective 9/24/90; 89-16-056 (Order 89-71), 220-36-021, filed 7/28/89, effective 8/28/89; 88-19-098 (Order 88-116), 220-36-021, filed 9/20/88; 87-21-041 (Order 87-161), 220-36-021, filed 10/14/87; 86-15-016 (Order 86-55), 220-36-021, filed 7/10/86; 85-13-073 (Order 85-64), 220-36-021, filed 6/19/85; 84-15-008 (Order 84-66), 220-36-021, filed 7/6/84; 83-13-054 (Order 83-53), 220-36-021, filed 6/15/83; 82-13-048 (Order 82-63), 220-36-021, filed 6/11/82; 81-13-005 (Order 81-37), 220-36-021, filed 6/8/81; 80-09-072 (Order 80-69), 220-36-021, filed 7/18/80; Order 77-71, 220-36-021, filed 8/18/77; Order 77-44, 220-36-021, filed 6/3/77; Order 76-73, 220-36-021, filed 8/16/76; Order 1221, 220-36-021, filed 7/1/75; Order 1133, 220-36-021, filed 7/19/74.]

AMENDATORY SECTION (Amending Order 96-77, filed 6/11/96, effective 7/12/96)

WAC 220-36-023 Grays Harbor salmon--Fall fishery. From August 16 through December 31 of each year, it is unlawful to fish for salmon in Grays Harbor for commercial purposes, except that:

Fishing period

(1) Gill net gear may be used to fish for salmon from 6:00 ((a.m)) p.m.. September 2 to 6:00 p.m. ((each day)) September ((16 through)) 4, and 6:00 p.m. September ((20,)) 9 to 6:00 p.m. September ((23 through September 27, and September 30, 1996)) 11, 1997, in SMCRA 2C.

Option 1

(2) Gill net gear may be used to fish for salmon from 6:00 p.m. September 2 to 6:00 p.m. September 4, 1997, in SMCRA 2D.

(3) Gill net gear shall be used as provided for in WAC 220-36-015, except that it shall not contain mesh smaller than 8 inches.

Option 2

(2) Gill net gear may be used to fish for salmon from 6:00 p.m. September 2 to 6:00 p.m. September 4, and 6:00 p.m. September 9 to 6:00 p.m. September 11, 1997, in SMCRA 2D.

(3) Gill net gear shall be used as provided for in WAC 220-36-015, except that it shall not contain mesh smaller than 8 inches.

Option 3 (no SMCRA 2D fishery)

(2) Gill net gear shall be used as provided for in WAC 220-36-015, except that it shall not contain mesh smaller than 8 inches.

[Statutory Authority: RCW 75.08.080. 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.]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order 96-77, filed 6/11/96, effective 7/12/96)

WAC 220-40-021 Willapa Bay salmon--Summer fishery. From July 5 through August 15 of ((1996)) 1997, it is unlawful to fish for salmon in Willapa Bay for commercial purposes or to possess salmon taken from those waters for commercial purposes.

[Statutory Authority: RCW 75.08.080. 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 96-77, filed 6/11/96, effective 7/12/96)

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 period

(1) Gill net gear may be used to fish for salmon from:

Option 1

(a) 6:00 p.m. August ((19)) 18 to 6:00 p.m. August ((20)) 19, 6:00 p.m. August ((22)) 21 to 6:00 p.m. August ((23)) 22, 6:00 p.m. August ((28)) 27 to 6:00 p.m. August ((29)) 28, 6:00 p.m. September ((4)) 2 to 6:00 p.m. September ((5)) 4 and 6:00 p.m. September ((11)) 9 to 6:00 p.m. September ((12)) 11, ((1996)) 1997, in SMCRA 2J, 2K, 2M and that portion of SMCRA 2G east of a line drawn true north-south through Willapa Channel Entrance Buoy 12, and that portion of SMCRA 2H west of Willapa Channel Marker 35;

(b) 6:00 p.m. September ((19)) 16 to 6:00 p.m. October ((14)) 4, ((1996)) 1997, in SMCRA 2H, 2M ((and)), that portion of SMCRA 2G east of a line drawn true north-south through Willapa Channel Entrance Buoy 12 and that part of SMCRA 2J north of an east-west line through the north entrance marker to the Nahcotta basin (red flasher no. 2);

(c) 6:00 p.m. September ((19)) 18 to 6:00 September ((20)) 19, 6:00 p.m. September ((24)) 22 to 6:00 p.m. September ((25)) 23, 6:00 p.m. September ((26)) 25 to 6:00 p.m. September ((27)) 26, 6:00 p.m. ((October 1)) September 29 to 6:00 p.m. ((October 2)) September 30, ((6:00 p.m. October 3 to 6:00 October 4, 6:00 p.m. October 8 to 6:00 p.m. October 9,)) and 6:00 p.m. October ((10)) 2 to 6:00 p.m. October ((11)) 3, ((1996)) 1997, in SMCRA 2K, and that part of SMCRA 2J south of an east-west line through the north entrance marker to the Nahcotta basin (red flasher no. 2).

Option 2

(a) 6:00 p.m. August ((19)) 18 to 6:00 p.m. August ((20)) 19, 6:00 p.m. August ((22)) 21 to 6:00 p.m. August ((23)) 22, 6:00 p.m. August ((28)) 27 to 6:00 p.m. August ((29)) 28, 6:00 p.m. September ((4)) 2 to 6:00 p.m. September ((5)) 4 and 6:00 p.m. September ((11)) 9 to 6:00 p.m. September ((12)) 11, ((1996)) 1997, in SMCRA ((2J, 2K,)) 2M ((and)), that portion of SMCRA 2G east of a line drawn true north-south through Willapa Channel Entrance Buoy 12, ((and)) that portion of SMCRA 2H west of Willapa Channel Marker 35, and that portion of SMCRA 2J north of an east-west line through the north entrance marker to the Nahcotta Boat basin (red flasher no. 2);

(b) 6:00 p.m. September ((19)) 16 to 6:00 p.m. October ((14)) 4, ((1996)) 1997, in SMCRA 2H, 2M and that portion of SMCRA 2G east of a line drawn true north-south through Willapa Channel Entrance Buoy 12 ((and that part of SMCRA 2J north of an east-west line through the north entrance marker to the Nahcotta basin (red flasher no. 2)));

(c) 6:00 p.m. September ((19)) 18 to 6:00 p.m. September ((20)) 19, 6:00 p.m. September ((24)) 22 to 6:00 p.m. September ((25)) 23, 6:00 p.m. September ((26)) 25 to 6:00 p.m. September ((27)) 26, 6:00 p.m. ((October 1)) September 29 to 6:00 p.m. ((October 2)) September 30, ((6:00 p.m. October 3 to 6:00 October 4, 6:00 p.m. October 8 to 6:00 p.m. October 9,)) and 6:00 p.m. October ((10)) 2 to 6:00 p.m. October ((11)) 3, ((1996)) 1997, in SMCRA ((2K, and that part of SMCRA)) 2J ((south)) north of an east-west line through the north entrance marker to the Nahcotta basin (red flasher no. 2).

Option 3

(a) 6:00 p.m. August ((19)) 18 to 6:00 p.m. August ((20)) 19, 6:00 p.m. August ((22)) 21 to 6:00 p.m. August ((23)) 22, 6:00 p.m. August ((28)) 27 to 6:00 p.m. August ((29)) 28, 6:00 p.m. September ((4)) 2 to 6:00 p.m. September ((5)) 4 and 6:00 p.m. September ((11)) 9 to 6:00 p.m. September ((12)) 11, ((1996)) 1997, in SMCRA ((2J, 2K,)) 2M ((and)), that portion of SMCRA 2G east of a line drawn true north-south through Willapa Channel Entrance Buoy 12, and that portion of SMCRA 2H west of Willapa Channel Marker 35;

(b) 6:00 p.m. September ((19)) 16 to 6:00 p.m. October ((14)) 4, ((1996)) 1997, in SMCRA 2H, 2M and that portion of SMCRA 2G east of a line drawn true north-south through Willapa Channel Entrance Buoy 12 ((and that part of SMCRA 2J north of an east-west line through the north entrance marker to the Nahcotta basin (red flasher no. 2);

(c) 6:00 p.m. September 19 to 6:00 September 20, 6:00 p.m. September 24 to 6:00 p.m. September 25, 6:00 p.m. September 26 to 6:00 p.m. September 27, 6:00 p.m. October 1 to 6:00 p.m. October 2, 6:00 p.m. October 3 to 6:00 October 4, 6:00 p.m. October 8 to 6:00 p.m. October 9, and 6:00 p.m. October 10 to 6:00 p.m. October 11, 1996, in SMCRA 2K, and that part of SMCRA 2J south of an east-west line through the north entrance marker to the Nahcotta basin (red flasher no. 2))).

(2) The Tokeland Boat basin is closed to commercial fishing during the openings in SMCRA 2G described in this section. The Tokeland Boat basin means that portion of SMCRA 2G bounded on the south by the seawall and on the north and east by a line from the Tokeland Channel Marker "3" (flashing green, 4-second) to Tokeland Channel Marker "4" to the tip of the seawall.

Gear

(3) Gill net gear shall be used as provided in WAC 220-40-015 except that before 6:00 p.m. September ((20)) 17, the maximum mesh size is 8-1/2 inches.

(a) 6:00 p.m. August 19 to 6:00 p.m. August 20, 6:00 p.m. August 22 to 6:00 p.m. August 23, 6:00 p.m. August 28 to 6:00 p.m. August 29, 6:00 p.m. September 4 to 6:00 p.m. September 5 and 6:00 p.m. September 11 to 6:00 p.m. September 12, 1996, in SMCRA 2J, 2K, 2M and that portion of SMCRA 2G east of a line drawn true north-south through Willapa Channel Entrance Buoy 12, and that portion of SMCRA 2H west of Willapa Channel Marker 35;

(b) 6:00 p.m. September 19 to 6:00 p.m. October 14, 1996, in SMCRA 2H, 2M and that portion of SMCRA 2G east of a line drawn true north-south through Willapa Channel Entrance Buoy 12 and that part of SMCRA 2J north of an east-west line through the north entrance marker to the Nahcotta basin (red flasher no. 2);

(c) 6:00 p.m. September 19 to 6:00 September 20, 6:00 p.m. September 24 to 6:00 p.m. September 25, 6:00 p.m. September 26 to 6:00 p.m. September 27, 6:00 p.m. October 1 to 6:00 p.m. October 2, 6:00 p.m. October 3 to 6:00 October 4, 6:00 p.m. October 8 to 6:00 p.m. October 9, and 6:00 p.m. October 10 to 6:00 p.m. October 11, 1996, in SMCRA 2K, and that part of SMCRA 2J south of an east-west line through the north entrance marker to the Nahcotta basin (red flasher no. 2).

[Statutory Authority: RCW 75.08.080. 96-13-035 (Order 96-77), 220-40-027, filed 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.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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