WSR 02-16-021

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-173 -- Filed July 26, 2002, 4:56 p.m. ]

Date of Adoption: July 26, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-40-027.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 02-11-072 on May 13, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

July 26, 2002

J. P. Koenings

Director

OTS-5682.1


AMENDATORY SECTION(Amending Order 01-104, filed 6/15/01, effective 7/16/01)

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


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


Time Area
6:00 p.m. August ((27)) 26 through 6:00 p.m. August ((28, 2001)) 27, 2002 Areas 2G east of a line drawn true north-south through Willapa ((Channel)) Bay entrance ((buoy12)) Day beacon 11, 2M, 2H west of Willapa Channel Marker 35, and 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
((6:00 p.m. September 9 through 6:00 p.m. September 10, 2001 Area 2G west of a line drawn true north-south through Willapa Channel Marker 10 and east of a line drawn true north-south from the most waterward exposed end of the rock jetty located near Washaway Beach and excluding the area southerly and easterly of a line from Island Sands Light to Ramsey Point.))
6:00 p.m. September ((16)) 15 through 6:00 p.m. September 30, ((2001)) 2002 Areas 2G east of a line drawn true north-south through Willapa ((Channel)) Bay entrance ((buoy 12)) Day beacon 11, 2M, 2H west of Willapa Channel Marker 40 and 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
6:00 p.m. September ((16)) 15 through 6:00 p.m. September ((17)) 16 and 6:00 p.m. September ((23)) 22 through 6:00 p.m. September ((24, 2001)) 23, 2002 Area 2K
((7:30 a.m. October 3)) 6:00 p.m. September 30 through ((6:30)) 6:00 p.m. October 3 and ((7:30 a.m.)) 6:00 p.m. October ((11)) 9 through ((6:30)) 6:00 p.m. October ((11, 2001)) 10, 2002 Areas 2G east of a line drawn true north-south through Willapa ((Channel)) Bay entrance ((buoy 12)) Day beacon 11, 2M, 2H, and 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
6:00 p.m. October ((16)) 14 through 6:00 p.m. October ((18)) 17 and 6:00 p.m. October ((23)) 21 through 6:00 p.m. October ((25, 2001)) 23, 2002 Areas 2G west of a line drawn true north-south through Willapa Channel Marker 10 and east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach but excluding the area southerly and westerly of a line from Island Sands Light to Ramsey Point, 2M and 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
Noon, November 6 through noon November 30, ((2001)) 2002 Areas 2G, 2H, 2J and 2M

(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 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


(3) Gill net gear restrictions - All areas:

(a) Drift gill net gear only. It is unlawful to use set net gear.

(b) Prior to September 1, ((2001)) 2002 - No maximum mesh restrictions.

(c) September 1 through ((October 14, 2001)) September 30, 2002 - 6-inch maximum mesh, no more than 55 meshes deep. Net must hang straight from top to bottom. Strings may only be used to secure break away panels.

(d) October ((15)) 1 through October 31, 2001 - 6-1/2 inch maximum mesh.

(e) November 1 through November 30, 2001 - 9-inch minimum mesh.


Other


(4) All wholesale dealers and fishers retailing their fish will be required to report their landing by 10:00 a.m. the day following landing. Ticket information can be telephoned in by calling 1-866-791-1280 or faxing the information to 360-664-4689 or e-mailing to harborfishtickets@dfw.wa.gov. Report the dealer name, 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.

[Statutory Authority: RCW 77.12.047. 01-13-055 (Order 01-104), 220-40-027, filed 6/15/01, effective 7/16/01; 00-23-065 (Order 00-240), 220-40-027, filed 11/15/00, effective 12/16/00. Statutory Authority: RCW 75.08.080. 99-24-104 (Order 99-206), 220-40-027, filed 11/30/99, effective 12/31/99. Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), 220-40-027, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 97-15-148 (Order 97-123), 220-40-027, filed 7/23/97, effective 8/23/97; 96-13-035 (Order 96-77), 220-40-027, 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.]

Washington State Code Reviser's Office