WSR 06-17-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-192 -- Filed August 4, 2006, 2:36 p.m. , effective August 7, 2006, 8:00 a.m. ]


Effective Date of Rule: August 7, 2006, 8:00 a.m.

Purpose: Amend commercial fishing rules.

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

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 4, 2006.

Greg Hueckel

for Jeff Koenings

Director


NEW SECTION
WAC 220-47-50100P   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
8:00 a.m. to 6:00 p.m. daily if using a Recovery Box during all fishing activities throughout the entire open period August 7
10:30 a.m. to 6:00 p.m. daily if NOT using a Recovery Box during all fishing activities throughout the entire open period August 7

(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 22-47-325, 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.


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
2:00 p.m. to Midnight. August 7

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.

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

Hours Dates
10:00 a.m. to 8:00 p.m. August 7

It is unlawful to retain chinook salmon at all times, and it is unlawful to retain chum salmon and wild coho salmon prior to October 1. It is unlawful to fish for salmon with reef 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.


Areas 7B and 7C:

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

6:00 a.m. to 8:00 p.m. August 16, August 23 and August 30.

(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.

Gill Net - Open to gill nets as follows:


Areas Mesh Size Hours Dates
7B and 7C 7" minimum 7:00 p.m. August 14 to 7:00 a.m. August 15.

7:00 p.m. August 20 to 7:00 a.m. August 21.

7:00 p.m. August 22 to 7:00 a.m. August 23.

7:00 p.m. August 24 to 7:00 a.m. August 25.

7:00 p.m. August 27 to 7:00 a.m. August 28.

7:00 p.m. August 29 to 7:00 a.m. August 30.

7:00 p.m. August 31 to 7:00 a.m. September 1


Area 9A:

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

7:00 p.m. August 22 to 7:00 a.m. August 23.

7:00 p.m. August 24 to 7:00 a.m. August 25

7:00 a.m. August 27 through 8:00 p.m. October 28

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.

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 effective 8:01 p.m. October 28, 2006:


WAC 220-47-50100P Puget Sound all-citizen commercial salmon fishery.

Washington State Code Reviser's Office