WSR 05-18-053

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-201 -- Filed September 2, 2005, 4:50 p.m. , effective September 2, 2005 ]


     

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-50100K.

     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: This regulation provides for PSC authorized sockeye fisheries in Areas 7 and 7A and modifies the emergency regulation previously implemented to enact permanent regulation changes arising from North of Falcon agreements made by comanagers. The permanent regulation change package has been filed with the Code Reviser's Office under expedited rule procedures, but the permanent regulation changes are not yet in effect. These emergency rules are necessary to initiate fisheries, which are scheduled to commence before those permanent rules will become effective. These fisheries are not expected to exceed chinook by-catch levels modeled during the preseason process. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: September 2, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 220-47-50100L   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:


Areas 7 and 7A:

     Purse Seines - Open to purse seine gear according to the times, dates, and conditions as prescribed and listed here:

Hours Dates
5:00 a.m. to 9:00 p.m. daily if using a Recovery Box during all fishing activities throughout the entire open period September 6
9:00 a.m. to 9:00 p.m. daily if NOT using a Recovery Box during all fishing activities throughout the entire open period September 6
     (i) It is unlawful to retain chinook, coho, and chum salmon

     (ii) It is unlawful to bring salmon aboard a vessel unless all salmon captured in the seine net are removed from the seine net using a brailer or dip net, meeting the specifications in WAC 220-47-325, prior to the seine net being removed from the water, except all salmon must be immediately sorted and those required to be released, must be placed in an operating recovery box or released into the water before the next brail may be brought on the deck. However, small numbers of fish may be brought on board the vessel by pulling the net in without mechanical or hydraulic assistance.

     (iii) It is unlawful to fish for salmon with purse seine gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in possession of a department issued certification card.

     (iv) Closed north and west of the "Iwersen Dock Line" described in WAC 220-47-269(2)


Areas 7 and 7A:

     Gill Nets - Open to gill net gear with 5 inch minimum and 5 1/2 in maximum mesh size according to the times, dates, and conditions as prescribed and listed here:

Hours Dates
8:00 a.m. to 11:59 p.m. September 6
     (i) It is unlawful to fish for salmon with gill net gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in possession of a department issued certification card.

     (ii) Closed north and west of the "Iwersen Dock Line" described in WAC 220-47-269(2)

     Reef Nets - Closed to Reef Net gear

     Areas 7B and 7C:

     That portion of Area 7B west of a line from Point Francis (48°41'42"N, 122°36'40"W) to the red and green buoy southeast of Point Francis (48°40'22"N, 122°35'30"W) then to the northernmost tip of Eliza Island (48°39'37"N, 122°35'45"W) then along the eastern shore of the island to a point intersecting a line drawn through Eliza Rock Light (48°38'35"N, 122°34'40"W) and Fish Point (48°34'35"N, 122°29'45"W) and then southeastward along that line to Fish Point are closed 9/1-9/30.

     Purse Seines - (a) Open in Area 7B and 7C to purse seines during the following hours and dates:

     7:00 a.m. to 7:00 p.m. September 7

     (i) It is unlawful to retain sockeye or coho salmon, and any sockeye or coho salmon caught must be released immediately.

     (ii) It is unlawful to bring salmon aboard a vessel unless all salmon captured in the seine net are removed from the seine net using a brailer or dip net, meeting the specifications in WAC 220-47-325, prior to the seine net being removed from the water.

     (iii) The 5-inch strip requirement is not in effect during these openings.

     (b) Open in Area 7B 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.

     7:00 a.m. to 7:00 p.m. September 12, 13 and 14

     7:00 a.m. September 18 to 8 p.m. October 29

     Gill Nets - Open to gill nets as follows:

Areas Mesh Size Hours Dates
7B and 7C 7" minimum 6:00 p.m. September 5 to

8:00 a.m. September 6
6:00 p.m. September 6 to

8:00 a.m. September 7

6:00 p.m. September 8 to

8:00 a.m. September 9
7B 5" minimum 6:00 p.m. September 11 to

8:00 a.m. September 12

6:00 p.m. September 13 to

8:00 a.m. September 14

6:00 p.m. September 15 to

8:00 a.m. September 16.
7B 5" minimum 7:00 p.m. September 18 through 8:00 p.m. October 29

Area 9A:

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

Hours Dates
7:00 a.m. September 2 through 8:00 p.m. October 29

     It is unlawful to retain chum salmon in Area 9A prior to October 1 and unlawful to retain Chinook salmon at any time. Any salmon not to be retained must be released from the net by cutting the meshes ensnaring the fish.


Area 12A:

     Skiff gill net - (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: 9/7, 9/14, 9/21, 9/28.

     (b) It is unlawful to retain chinook or pink salmon taken in Area 12A at any time. Any salmon required to be released, must be removed from the net by cutting the meshes ensnaring the fish.

     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.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-47-50100K Puget Sound all-citizen commercial salmon fishery. (05-197)

© Washington State Code Reviser's Office