WASHINGTON STATE REGISTER

WSR 00-17-104

EXPEDITED ADOPTION

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed August 16, 2000, 4:02 p.m. ]

Title of Rule: Commercial fishing rules.

Purpose: Amend coastal harbor salmon seasons.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Sets 2000 coastal harbor salmon seasons.

Reasons Supporting Proposal: The coastal harbor salmon seasons are set upon recommendation of the North of Falcon subgroup of the Pacific Fisheries Management Council. These limits will allow for harvest of available surplus above broodstock requirements.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 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: A limited harvest opportunity will be available in Grays Harbor and Willapa Bay to take salmon. The seasons proposed reflect preseason management expectations. The rules were discussed in the North of Falcon work group of the Pacific Fisheries Management Council, and were given a full public hearing in that forum.

Proposal Changes the Following Existing Rules: Changes salmon seasons.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Evan Jacoby, Rules Coordinator, Washington State Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091 , AND RECEIVED BY October 24, 2000.

August 16, 2000

Evan Jacoby

Rules Coordinator

OTS-4268.1

AMENDATORY SECTION(Amending Order 99-206, filed 11/30/99, effective 12/31/99)

WAC 220-36-023
Grays Harbor salmon -- Fall fishery.

August 16 through December 31 of each year, it is unlawful to fish for salmon in Grays Harbor for commercial purposes, except that:

Fishing periods

аааа Gill net gear may be used to fish for salmon ((~~from 7:30 a.m. to 6:30 p.m. on October 12, October 13 and October 14, and from 8:00 a.m. to 6:00 p.m. October 27, 1999, in SMCRA 2B.~~)):

Time Areas

6:00 p.m. August 22 through 6:00 p.m. August 25, and
2A and 2D

6:00 p.m. October 1 through 6:00 p.m. October 3, 2000

7:00 a.m. October 30 through 5:00 p.m. October 30, 2000 2B

Gear

аааа Gill net gear shall be used as provided for in WAC 220-36-015, except ((~~that it shall not contain~~)) no maximum mesh ((~~larger than 6 1/2 inches~~)) restriction August 22 through August 25, 2000.

[Statutory Authority: RCW 75.08.080. аааа 99-24-104 (Order 99-206), з 220-36-023, filed 11/30/99, effective 12/31/99. аааа Statutory Authority: RCW 75.08.080 and 77.12.040. аааа 98-15-081 (Order 98-122), з 220-36-023, filed 7/15/98, effective 8/15/98. аааа Statutory Authority: RCW 75.08.080. аааа 97-15-148 (Order 97-123), з 220-36-023, filed 7/23/97, effective 8/23/97; 96-13-035 (Order 96-77), з 220-36-023, filed 6/11/96, effective 7/12/96; 95-13-065 (Order 95-76), з 220-36-023, filed 6/19/95, effective 7/20/95; 94-13-014 (Order 94-46), з 220-36-023, filed 6/3/94, effective 7/4/94; 93-14-042 (Order 93-54), з 220-36-023, filed 6/29/93, effective 7/30/93; 90-18-023 (Order 90-77), з 220-36-023, filed 8/24/90, effective 9/24/90; 89-16-056 (Order 89-71), з 220-36-023, filed 7/28/89, effective 8/28/89.]

OTS-4267.2

AMENDATORY SECTION(Amending Order 99-206, filed 11/30/99, effective 12/31/99)

WAC 220-40-027
Salmon -- Willapa Bay fall fishery.

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

аааа (1) Gill net gear may be used to fish for salmon ((from 7:30 a.m. to 6:30 p.m. October 4, 6:00 p.m. October 5 to 6:00 p.m. October 8, 6:00 p.m. October 11 to 6:00 p.m. October 15, 6:00 p.m. October 18 to 6:00 p.m. October 22 and 6:00 p.m. October 25 to 6:00 p.m. October 29, 1999, in SMCRA 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12 and west of a line drawn true north-south through Willapa Channel Marker 24.)):

Time Area

6:00 p.m. August 21 through 6:00 p.m. August 22 and 6:00 p.m. August 27 through 6:00 p.m. August 28, 2000 Areas 2G east of a line drawn true north-south through Willapa Channel entrance buoy12, 2M, 2H west of Willapa Channel Marker 35, and 2J north of the North Entrance Marker to the Nahcotta Boat Basin (RF #2)

6:00 p.m. September 17 through 6:00 p.m. September 30, 2000 Areas 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12, 2M, 2H west of Willapa Channel Marker 40 and 2J north of the North Entrance Marker to the Nahcotta Boat Basin (RF #2)

6:00 p.m. September 17 through 6:00 p.m. September 18 and 6:00 p.m. September 24 through 6:00 p.m. September 25, 2000 Area 2K

7:30 a.m. October 5 through 6:30 p.m. October 5 and 7:30 a.m. October 12 through 6:30 p.m. October 12, 2000 Areas 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12, 2M, 2H west of Willapa Channel Marker 40, and 2J north of the North Entrance Marker to the Nahcotta Boat Basin (RF #2)

6:00 p.m. October 18 through 6:00 p.m. October 19 and 6:00 p.m. October 25 through 6:00 p.m. October 26, 2000 Areas 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12 and west of Willapa Channel Marker 10 and 2J north of the North Entrance Marker to the Nahcotta Boat Basin (RF #2)

аааа (2) During the fisheries provided for in this section, it is unlawful for fishers to fish between Willapa Channel Markers 35 and 40 or in Area 2K unless the fisher has registered in writing on a department-approved form by September 8, 2000, and the fisher agrees to allow a department observer to be on board during the fishing trip to monitor the catch.

аааа ((~~(2)~~)) (3) The Tokeland Boat basin is closed to commercial fishing during the openings in SMCRA 2G described in this section. аааа The Tokeland Boat basin means that portion of SMCRA 2G bounded on the south by the shoreline of the boat basin, on the west 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

аааа (3) Gill net gear shall be used as provided in WAC 220-40-015 except ((~~that the~~)) no maximum mesh size ((~~is 6 1/2 inches October 4 through October 29, 1999~~)) before 6:00 p.m. September 22, 2000.

[Statutory Authority: RCW 75.08.080. аааа 99-24-104 (Order 99-206), з 220-40-027, filed 11/30/99, effective 12/31/99. аааа Statutory Authority: RCW 75.08.080 and 77.12.040. аааа 98-15-081 (Order 98-122), з 220-40-027, filed 7/15/98, effective 8/15/98. аааа Statutory Authority: RCW 75.08.080. аааа 97-15-148 (Order 97-123), з 220-40-027, filed 7/23/97, effective 8/23/97; 96-13-035 (Order 96-77), з 220-40-027, 6/11/96, effective 7/12/96; 95-13-065 (Order 95-76), з 220-40-027, filed 6/19/95, effective 7/20/95; 94-16-017 (Order 94-61), з 220-40-027, filed 7/21/94, effective 8/21/94; 93-14-042 (Order 93-54), з 220-40-027, filed 6/29/93, effective 7/30/93; 90-18-023 (Order 90-77), з 220-40-027, filed 8/24/90, effective 9/24/90; 89-16-056 (Order 89-71), з 220-40-027, filed 7/28/89, effective 8/28/89.]

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

Time	Areas
6:00 p.m. August 22 through 6:00 p.m. August 25, and	2A and 2D
6:00 p.m. October 1 through 6:00 p.m. October 3, 2000
7:00 a.m. October 30 through 5:00 p.m. October 30, 2000	2B

Time	Area
6:00 p.m. August 21 through 6:00 p.m. August 22 and 6:00 p.m. August 27 through 6:00 p.m. August 28, 2000	Areas 2G east of a line drawn true north-south through Willapa Channel entrance buoy12, 2M, 2H west of Willapa Channel Marker 35, and 2J north of the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
6:00 p.m. September 17 through 6:00 p.m. September 30, 2000	Areas 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12, 2M, 2H west of Willapa Channel Marker 40 and 2J north of the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
6:00 p.m. September 17 through 6:00 p.m. September 18 and 6:00 p.m. September 24 through 6:00 p.m. September 25, 2000	Area 2K
7:30 a.m. October 5 through 6:30 p.m. October 5 and 7:30 a.m. October 12 through 6:30 p.m. October 12, 2000	Areas 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12, 2M, 2H west of Willapa Channel Marker 40, and 2J north of the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
6:00 p.m. October 18 through 6:00 p.m. October 19 and 6:00 p.m. October 25 through 6:00 p.m. October 26, 2000	Areas 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12 and west of Willapa Channel Marker 10 and 2J north of the North Entrance Marker to the Nahcotta Boat Basin (RF #2)

й Washington State Code Reviser's Office