WSR 03-19-024

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-225 -- Filed September 5, 2003, 4:07 p.m. ]

Date of Adoption: September 5, 2003.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-50100D; and amending WAC 220-47-501.

Statutory Authority for Adoption: RCW 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: Regulations for the 2003 Puget Sound commercial salmon fishery were discussed at North of Falcon planning meetings in the spring, and subsequently, a package containing permanent regulation changes arising from agreements made by comanagers at those meetings was filed with the Code Reviser's Office under expedited rule procedures. That package of permanent regulations in not yet in effect, and these emergency rules are necessary to initiate fisheries, which are scheduled to commence before those permanent rules will become effective. Additionally, this regulation provides for a closure of the southern end of Area 7B. This action is intended to protect chinook nearing the entrance of the Samish River during the scheduled coho fishery and is agreed to among the comanagers. The chinook run size returning to the Samish River is below the preseason forecast, but there are sufficient harvestable fish remaining to support the schedule defined here. There is insufficient time to make this change using the permanent rules process.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Immediately.

September 5, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-51000E   Puget Sound all-citizen commercial salmon fishery.   Notwithstanding the provisions of Chapter 220-47 WAC, effective immediately until further notice, it is unlawful to take, fish for or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas except in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect:

Lawful gill net gear:

Lawful gill net gear in Puget Sound Areas 7, and 7A, shall not contain meshes of a size less than 5 inches nor greater than 5 1/2 inches.

Area 6D:

Skiff Gill Nets - (a) Open to skiff gill nets using 5-inch minimum and 5 1/2-inch maximum mesh from 7:00 a.m. to 7:00 p.m. on the following dates: 9/29, 9/30, 10/1, 10/2, 10/3, 10/6, 10/7, 10/8, 10/9, 10/10, 10/13, 10/14, 10/15, 10/16, 10/17, 10/20, 10/21, 10/22, 10/23, 10/24, 10/27, 10/28, 10/29, 10/30, 10/31.

(b) It is unlawful to retain chinook or pink salmon taken in Area 6D at any time, or any chum salmon taken in Area 6D prior to October 16. Any chinook, chum or pink salmon required to be released, must be removed from the net by cutting the meshes ensnaring the fish.

Areas 7 and 7A:

Reef Nets - Open to reef net gear according to the times, dates, and conditions as prescribed and listed here:


TIME DATES
7:00 a.m. to 7:00 p.m. Daily September 16 through October15

It is unlawful to retain chinook salmon at all times, and it is unlawful to retain wild coho salmon prior to October 1.

Reef Net Required DNA Tissue Sampling - It is unlawful to retain chum salmon taken with reef net gear prior to October 1 unless the reef net license holder provides the department with 24 hour notice prior to each day of fishing and assists the department with collection of DNA tissue samples from chum salmon. The daily fishing notice to the department must include the reef net license holder's name and a telephone number where they can be contacted, and the notice must be given by one of the following three means:

(i) FAX transmission to (360) 902-2949;

(ii) E-mail to psfishtickets@dfw.wa.gov; or .

(iii) Toll-free telephone call to 1-866-791-1279.

Areas 7B except the contiguous waters south of a line from the western tip of Governors Point to Vendovi Island light on the east side of Vendovi Island are open to the following fishing gears under the conditions identified:

Purse Seines - Open to purse seines using the 5-inch strip during the following hours and dates, provided it is unlawful to retain sockeye salmon, and any sockeye salmon caught must be released immediately.


Hours Dates
6:00 a.m. to 8:00 p.m. 9/8, 9/9, 9/10, 9/15, 9/16, 9/17
7:00 a.m. to 7:00 p.m. September 21 through October 25

Gill Nets - Open to gill nets as follows:


Mesh Size Hours Dates

5" minimum 7:00 p.m. September 7 to 8:00 a.m. September 8
7:00 p.m. September 9 to 8:00 a.m. September 10
7:00 p.m. September 11 to 8:00 a.m. September 12

5" minimum 6:00 p.m. September 14 to 8:00 a.m. September 15
6:00 p.m. September 16 to 8:00 a.m. September 17
6:00 p.m. September 18 to 8:00 a.m. September 19.
5" minimum 7:00 p.m. September 21 through 4:00 p.m. October 25

Area 8D:

Purse Seine - Open to purse seines using the 5-inch strip as follows:

Hours Dates
7:00 a.m. to 7:00 p.m. 9/25, 10/2

It is unlawful to retain chinook salmon, and any chinook salmon caught with purse seine gear must be released immediately.

Area 8D:

Gill Nets - Open to gill nets using 5-inch minimum mesh as follows:

Hours Dates
6:00 p.m. September 21 to 8:00 a.m. September 22
6:00 p.m. September 23 to 8:00 a.m. September 24
6:00 p.m. September 25 to 8:00 a.m. September 26
6:00 p.m. September 28 to 8:00 a.m. September 29
6:00 p.m. September 30 to 8:00 a.m. October 1
6:00 p.m. October 2 to 8:00 a.m. October 3

Area 9A:

Gill Nets - Open to gill nets using 5-inch minimum mesh as follows:


Hours Dates
Continuously through 4:00 p.m. October 25

Area 12A:

Beach Seines - (a) Open to holders of beach seine permits from 7:00 a.m. to 7:00 p.m. on the following dates: 9/5, 9/8, 9/9, 9/10, 9/11, 9/12, 9/15, 9/16, 9/17, 9/18, 9/19, 9/22, 9/23, 9/24, 9/25, 9/26, 9/29, 9/30, 10/1, 10/2, 10/3.

(b) Open in those waters of Area 12A lying northerly of a line extending from Whitney Point to the flashing light off Fishermans Point then to Fishermans Point on the Bolton Peninsula, excluding waters within 1000 feet of the western shoreline, as the shoreline is defined by the mean higher high stage of the tide, between Whitney Point and mouth of the Little Quilcene River.

All Other Saltwater and Freshwater Areas: Closed.

"Quick Reporting" Fisheries:

All fisheries opened under this section, and any fishery openings under authority of the Fraser Panel for sockeye or pink salmon in Areas 7 and 7A are designated as "Quick Reporting Required" fisheries

[]

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.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-47-50100D Puget Sound all-citizen commercial salmon fishery. (03-222)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office