WASHINGTON STATE REGISTER

WSR 04-20-016

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-265 -- Filed September 24, 2004, 3:24 p.m. , effective September 27, 2004, 6:00 a.m. ]

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-40-02700E and 220-40-02700F; and amending WAC 220-40-027.

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: Area 2H upstream of channel marker 40 is being opened to target an expected surplus of hatchery coho. By this date chinook are expected to have mostly cleared to upstream holding areas. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 24, 2004.

Evan Jacoby

for Jeff Koenings

Director

NEW SECTION
WAC 220-40-02700F Salmon -- Willapa Bay fall fishery. Notwithstanding the provisions of WAC 220-40-027, effective immediately through December 31, 2004, 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

Gill net gear may be used to fish for salmon. All non-legal sturgeon and steelhead must be handled with care to minimize injury to fish and released immediately to the river:

Time Area

6:00 a.m. September 27 through
6:00 p.m. September 30,
Areas 2G east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach, 2H, 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2), and 2M.

6:00 p.m. September 28 through
6:00 p.m. September 29.
Area 2K.

6:00 a.m. - 6 p.m.
October 1,
6:00 a.m. - 6 p.m.
October 2,
6:00 a.m. - 6 p.m.
October 3,
and
6:00 a.m. - 6 p.m.
October 4.
Areas 2G east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach, 2H.

6:00 a.m. - 6 p.m.
October 10,
6:00 a.m. - 6 p.m.
October 11,
6:00 a.m. - 6 p.m.
October 12,
and
6:00 a.m. - 6 p.m.
October 13.
Areas 2G east of a line drawn true south from the most waterward exposed end of the rock jetty located near Washaway Beach, 2H, 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2), and 2M.

6:00 p.m. October 15
through
6:00 p.m. October 20
and
6:00 p.m. October 24
through
6:00 p.m. October 26,
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 that portion of area 2G lying southerly and easterly of a line from Island Sands Light to Ramsey Point, 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2), and 2M.

Noon, November 6 through noon November 30, 2004 Areas 2G, 2H, 2J and 2M

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

Gill net gear restrictions - All areas:

o Drift gill net gear only. It is unlawful to use set net gear.

o September 27 through September 30, 2004 - 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.

o October 1 through October 4, 2004 – 4-1/4" inch maximum mesh tangle net gear.

o October 5 through October 31, 2004 - 6-1/2 inch maximum mesh.

o November 1 through November 30, 2004 - 9-inch minimum mesh.

Other

Quick Reporting Requirement

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 and the total weight for each species.

Tangle Net Add-on (October 1, 2, 3, and 4, 2004) requirements

• Soak time shall not exceed 45 minutes. Soak time, defined as the time elapsed from when the first of the gill net web is deployed into the water until the gill net web is fully retrieved from the water, must not exceed 45 minutes.

• Each boat will be required to have two operable recovery boxes or one box with two chambers, on board. Each box shall be operating during any time that the net is being retrieved or picked. The flow in the recover box will be a minimum of 16 gallons per minute in each chamber of the box, not to exceed 20 gallons per minute. Each chamber of the recovery box must meet the following dimensions as measured from within the box; the inside length measurement must be at or within 39 1/2 inches to 48 inches, the inside width measurements must be at or within 8 to 10 inches, and the inside height measurement must be at or within 14 to 16 inches. Each chamber of the recover box must include a water inlet hole between 3/4 inch and 1 inch in diameter, centered horizontally across the door or wall of chamber and 1 3/4 inches from the floor of the chamber. Each chamber of the recovery box must include a water outlet hole opposite the inflow that is at least 1 1/2 inches in diameter. The center of the outlet hole must be located a minimum of 12 inches above the floor of the box or chamber. The fisher must demonstrate to department employees, fish and wildlife enforcement officers, or other peace officers, upon request, that the pumping system is delivering the proper volume of fresh river/bay water into each chamber.

• All chinook, non-legal sturgeon, and steelhead must be handled with care to minimize injury to fish and released immediately to the river/bay or to an operating recovery box.

• Any fish that is bleeding or lethargic must be placed in the recovery box prior to being released to the river/bay.

• All fish placed in recovery boxes must be released to the river/bay prior to landing or docking.

• Fishers must be willing to take department observers when participating in these openings and provide Notice of Intent to Participate to Quick Reporting phone, fax or email, WAC 220-69-240, prior to 10:00 a.m., September 24, 2004.

[]

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.

Reviser's note: The unnecessary underscoring 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 effective 6:00 a.m. September 27, 2004:

WAC 220-40-02700E Salmon -- Willapa Bay fall fishery. (04-246)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. January 1, 2005:

WAC 220-40-02700F Salmon -- Willapa Bay fall fishery.

Legislature

Code Reviser

Register

Time	Area
6:00 a.m. September 27 through 6:00 p.m. September 30,	Areas 2G east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach, 2H, 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2), and 2M.
6:00 p.m. September 28 through 6:00 p.m. September 29.	Area 2K.
6:00 a.m. - 6 p.m. October 1, 6:00 a.m. - 6 p.m. October 2, 6:00 a.m. - 6 p.m. October 3, and 6:00 a.m. - 6 p.m. October 4.	Areas 2G east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach, 2H.
6:00 a.m. - 6 p.m. October 10, 6:00 a.m. - 6 p.m. October 11, 6:00 a.m. - 6 p.m. October 12, and 6:00 a.m. - 6 p.m. October 13.	Areas 2G east of a line drawn true south from the most waterward exposed end of the rock jetty located near Washaway Beach, 2H, 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2), and 2M.
6:00 p.m. October 15 through 6:00 p.m. October 20 and 6:00 p.m. October 24 through 6:00 p.m. October 26,	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 that portion of area 2G lying southerly and easterly of a line from Island Sands Light to Ramsey Point, 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2), and 2M.
Noon, November 6 through noon November 30, 2004	Areas 2G, 2H, 2J and 2M

o	Drift gill net gear only. It is unlawful to use set net gear.
o	September 27 through September 30, 2004 - 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.
o	October 1 through October 4, 2004 – 4-1/4" inch maximum mesh tangle net gear.
o	October 5 through October 31, 2004 - 6-1/2 inch maximum mesh.
o	November 1 through November 30, 2004 - 9-inch minimum mesh.

•	Soak time shall not exceed 45 minutes. Soak time, defined as the time elapsed from when the first of the gill net web is deployed into the water until the gill net web is fully retrieved from the water, must not exceed 45 minutes.
•	Each boat will be required to have two operable recovery boxes or one box with two chambers, on board. Each box shall be operating during any time that the net is being retrieved or picked. The flow in the recover box will be a minimum of 16 gallons per minute in each chamber of the box, not to exceed 20 gallons per minute. Each chamber of the recovery box must meet the following dimensions as measured from within the box; the inside length measurement must be at or within 39 1/2 inches to 48 inches, the inside width measurements must be at or within 8 to 10 inches, and the inside height measurement must be at or within 14 to 16 inches. Each chamber of the recover box must include a water inlet hole between 3/4 inch and 1 inch in diameter, centered horizontally across the door or wall of chamber and 1 3/4 inches from the floor of the chamber. Each chamber of the recovery box must include a water outlet hole opposite the inflow that is at least 1 1/2 inches in diameter. The center of the outlet hole must be located a minimum of 12 inches above the floor of the box or chamber. The fisher must demonstrate to department employees, fish and wildlife enforcement officers, or other peace officers, upon request, that the pumping system is delivering the proper volume of fresh river/bay water into each chamber.
•	All chinook, non-legal sturgeon, and steelhead must be handled with care to minimize injury to fish and released immediately to the river/bay or to an operating recovery box.
•	Any fish that is bleeding or lethargic must be placed in the recovery box prior to being released to the river/bay.
•	All fish placed in recovery boxes must be released to the river/bay prior to landing or docking.
•	Fishers must be willing to take department observers when participating in these openings and provide Notice of Intent to Participate to Quick Reporting phone, fax or email, WAC 220-69-240, prior to 10:00 a.m., September 24, 2004.

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