WSR 14-11-105 PROPOSED RULES DEPARTMENT OF FISH AND WILDLIFE [Filed May 21, 2014, 10:44 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-02-113 on December 1, 2013.
Title of Rule and Other Identifying Information: WAC 220-40-021 Willapa Bay salmon summer fishery and 220-40-027 Salmon—Willapa Bay fall fishery.
Hearing Location(s): Region 6 Fish and Wildlife Office, Conference Room, 48 Devonshire Road, Montesano, WA 98563, on June 24, 2014, at 10:00 a.m. - 12:00 noon.
Date of Intended Adoption: On or after June 25, 2014.
Submit Written Comments to: Joanna Eide, Washington Department of Fish and Wildlife (WDFW), Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Rules.Coordinator@dfw.wa.gov, fax (360) 902-2155, by June 24, 2014.
Assistance for Persons with Disabilities: Contact Tami Lininger by June 17, 2014, (360) 902-2207 or TTY 1-800-833-6388.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rules incorporate the recommendations of the North of Falcon subgroup of the Pacific Fisheries Management Council for taking harvestable numbers of salmon during the commercial salmon fisheries in Willapa Bay, while protecting species of fish listed as endangered.
Reasons Supporting Proposal: This rule will protect species of fish listed as endangered while supporting commercial salmon fishing in Willapa Bay.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, and 77.12.047.
Statute Being Implemented: RCW 77.04.012, 77.04.020, 77.12.045, and 77.12.047.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WDFW, governmental.
Name of Agency Personnel Responsible for Drafting: Barbara McClellan, 48 Devonshire Road, Montesano, WA 98563, (360) 249-1213; Implementation: James Scott, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2651; and Enforcement: Steve Crown, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2373.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Small Business Economic Impact Statement
1. Description of the Reporting, Recordkeeping, and Other Compliance Requirements of the Proposed Rule: These rule changes incorporate the recommendations of the North of Falcon subgroup of the Pacific Fisheries Management Council to take harvestable salmon in Willapa Bay while taking reasonable and prudent measures to protect local salmon and steelhead stocks of concern and nonlocal species of fish listed under the federal Endangered Species Act as threatened or endangered. The rules include legal gear requirements, area restrictions, and open periods for commercial salmon fisheries occurring in Willapa Bay.
2. Kinds of Professional Services that a Small Business is Likely to Need in Order to Comply With Such Requirements: None - these rule changes clarify dates for anticipated open periods, show areas in Willapa Bay that are closed to commercial harvest methods, and explain legal gear requirements. There are no anticipated professional services required to comply.
3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: The proposed rules as [are] similar to previous years and primarily only adjust opening and closing dates. The proposed rules do not require any additional equipment, supplies, labor, or administrative costs. Therefore, there are no additional costs to comply with the proposed rules.
4. Will Compliance With the Rule Cause Businesses to Lose Sales or Revenue? The proposed rules do not affect the harvestable numbers of salmon available to commercial fisher[s] licensed to fish in Willapa Bay. Therefore, the proposed rules should not cause any businesses to lose sales or revenue.
5. Cost of Compliance for the Ten Percent of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules, Using One or More of the Following as a Basis for Comparing Costs:
1. Cost per employee;
2. Cost per hour of labor; or
3. Cost per one hundred dollars of sales.
The proposed rules do not require any additional equipment, supplies, labor, or administrative costs. Therefore no costs for compliance are anticipated.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: Most businesses affected by these rules are small businesses. As indicated above, all of the gear restrictions proposed by the rules are identical to gear restrictions WDFW has required in past salmon fishery seasons. Therefore, the gear restrictions will not impose new costs on small businesses.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: As in previous years, WDFW interacts with and receives input from affected businesses through the North of Falcon process, which is a series of public meetings occurring from February through April each year. These meetings allow small businesses to participate in formulating the agreements underlying these rules.
8. A List of Industries That will be Required to Comply with the Rule: All licensed fishers attempting to harvest salmon in the all-citizen commercial salmon fisheries occurring in Willapa Bay will be required to comply with these rules.
9. An Estimate of the Number of Jobs That Will be Created or Lost as a Result of Compliance with the Proposed Rule: As explained above, these rules impose similar requirements to those for previous years' commercial salmon fisheries. Compliance with the rules will not result in the creation or loss of jobs.
A copy of the statement may be obtained by contacting Joanna Eide, WDFW Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail Rules.Coordinator@dfw.wa.gov.
A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not involve hydraulics.
May 21, 2014
Joanna M. Eide
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-17-001, filed 8/7/13, effective 8/12/13)
WAC 220-40-021 Willapa Bay salmon—Summer fishery.
From July 5 through August 15, 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) Gillnet gear may be used to fish for coho salmon, white sturgeon, and adipose fin-clipped hatchery Chinook salmon:
Gear:
(2) Gillnet gear restrictions - All areas:
(a) Drift gillnet gear only. It is unlawful to use set net gear. It is permissible to have on board a commercial vessel more than one net, provided the nets are of a mesh size that is legal for the fishery, and the length of any one net does not exceed one thousand five hundred feet in length.
It is unlawful to use a gillnet to fish for salmon ((or white sturgeon)) if the lead line weighs more than two pounds per fathom of net as measured on the cork line. It is permissible to have a gillnet with a lead line weighing more than two pounds per fathom aboard a vessel when the vessel is fishing in or in transit through Willapa Bay, provided the net is properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope that is 3/8 (0.375) inches or greater.
(b) Mesh size must not exceed nine inches.
Other:
(3) Recovery boxes and soak times:
(a) Each boat must have two operable recovery boxes or one box with two chambers on board when fishing in Willapa Bay Areas 2M, 2N, 2R, 2T, and 2U. Each box and chamber must be operating during any time the net is being retrieved or picked. The flow in the recovery box must 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 recovery box must include a water inlet hole between 3/4 inch and 1 inch in diameter, centered horizontally across the door or wall of the 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.
(b) ((Soak time must not exceed 45 minutes. Soak time is defined as the time elapsed from when the first of the gillnet web is deployed into the water until the gillnet web is fully retrieved from the water.
(c))) When fishing in Willapa Bay Salmon Management Catch Reporting Areas (SMCRA) 2M, 2N, 2R, 2T, and 2U, all wild (unmarked) Chinook, chum, ((nonlegal)) green and white sturgeon, and all steelhead must be handled with care to minimize injury to the fish and must be released immediately to the river/bay ((or an operating recovery box when fishing in Willapa Bay Salmon Management Catch Reporting Areas (SMCRA) 2M, 2N, 2R, 2T, and 2U)) unless a salmon or steelhead is bleeding or lethargic.
(((d))) (c) Any steelhead or salmon that is required to be released and is bleeding or lethargic must be placed in the recovery box prior to being released to the river/bay. The recovery box must meet the requirements in (a) of this subsection. Lethargic is defined as having or showing very little movement or is nonresponsive.
(((e))) (d) All fish placed in recovery boxes must remain until at least the completion of the deployment of next subsequent set before released to the river/bay and must be released to the river/bay prior to landing or docking.
(e) Soak time must not exceed 45 minutes. Soak time is defined as the time elapsed from when the first of the gillnet web is deployed into the water until the gillnet web is fully retrieved from the water.
(4) Quick reporting is required for wholesale dealers and fishers retailing their catch under a "direct retail endorsement." According to WAC 220-69-240(14), reports must be made by 10:00 a.m. the day following landing.
(5) Retention of any species other than coho salmon((, white sturgeon with a fork length measure of not less than 43 inches and not more than 54 inches,)) and hatchery Chinook marked by a healed scar at the site of the adipose fin, is prohibited.
(6) Report ALL encounters of wild (unmarked) Chinook, green sturgeon, and steelhead (your name, date of encounter, and number of species encountered) to the quick reporting office via phone at 866-791-1280, fax at 360-249-1229, or e-mail at harborfishtickets@dfw.wa.gov. Fishers may have wholesale dealers use the "buyer only" portion of the fish ticket and have encounters included with each day's quick reporting.
(7) ((White sturgeon, when lying on their side, are measured from the tip of the nose to the fork of the tail. This measurement is referred to as the fork length. All white sturgeon to be retained must have a fork-length measure of no less than 43 inches and no more than 54 inches.
(8))) Do NOT remove tags from white sturgeon ((that are not allowed to be retained. For white sturgeon that can be retained, please submit tags to the Washington Department of Fish and Wildlife, 48 Devonshire Rd., Montesano, WA 98563. For white sturgeon not of a legal size and all green sturgeon,)). Please obtain available information from tags without removing the tags. Submit tag information to the Washington Department of Fish and Wildlife, 48 Devonshire Rd., Montesano, WA 98563.
(((9))) (8) It is unlawful to fish with gillnet gear in Areas 2M, 2N, 2R, 2T, and 2U unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and has in his or her possession a department-issued certification card.
(((10))) (9) Fishers must take department observers if requested by department staff when participating in these openings. Fishers also must provide notice of intent to participate by contacting quick reporting by phone, fax or e-mail. Notice of intent must be given prior to 12:00 p.m. on ((August 8, 2013)) July 28.
AMENDATORY SECTION (Amending WSR 13-17-001, filed 8/7/13, effective 8/12/13)
WAC 220-40-027 Salmon—Willapa Bay fall fishery.
From 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) Gillnet gear may be used to fish for coho salmon, white sturgeon, and adipose fin-clipped hatchery Chinook:
Gear:
(2) Gillnet gear restrictions - All areas:
(a)(i) Drift gillnet gear only. It is unlawful to use set net gear. It is permissible to have on board a commercial vessel more than one net, provided the nets are of a mesh size that is legal for the fishery, and the length of any one net does not exceed one thousand five hundred feet in length.
(ii) It is unlawful to use a gillnet to fish for salmon ((and/or white sturgeon)) if the lead line weighs more than two pounds per fathom of net as measured on the cork line. It is permissible to have a gillnet with a lead line weighing more than two pounds per fathom aboard a vessel when the vessel is fishing in or transiting through Willapa Bay, provided the net is properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope that is 3/8 (0.375) inches or greater.
(b) From August ((19)) 18 through ((September 13, 2013)) November 19: Mesh size must not exceed ((nine-inch)) six and one-half inch maximum mesh.
(((c) From September 15 through September 22, 2013: Mesh size must not exceed six inch maximum mesh.
(d) From September 23 through October 12, 2013: Mesh size must not exceed six and one-half inch maximum mesh.
(e) From November 6 through November 20, 2013: There are two alternatives for mesh size:
(i) Use six and one-half inch maximum mesh; or
(ii) Use nine-inch minimum mesh.
Only one net of either six and one-half inch or nine-inch configuration, not exceeding fifteen hundred feet, may be used when in the act of fishing.))
Other:
(3) Recovery boxes and soak time:
(a) Each boat must have two operable recovery boxes or one box with two chambers on board when fishing in Willapa Bay Areas 2M, 2N, 2R, 2T, and 2U from August ((19)) 18 through ((October 12, 2013)) November 19.
(i) Each box and chamber must be operating during any time the net is being retrieved or picked. The flow in the recovery box must be a minimum of 16 gallons per minute in each chamber of the box, not to exceed 20 gallons per minute.
(ii) Each chamber of the recovery box must meet the following dimensions as measured from within the box:
(A) The inside length measurement must be at or within 39-1/2 inches to 48 inches((,));
(B) The inside width measurements must be at or within 8 to 10 inches((,)); and
(C) The inside height measurement must be at or within 14 to 16 inches.
(iii) Each chamber of the recovery box must include a water inlet hole between 3/4 inch and 1 inch in diameter, centered horizontally across the door or wall of the 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.
(b) ((From August 19 through October 12, 2013, soak time must not exceed 45 minutes. Soak time is defined as the time elapsed from when the first of the gillnet web is deployed into the water until the gillnet web is fully retrieved from the water.
(c))) When fishing in Willapa Bay Areas 2M, 2N, 2R, 2T, and 2U, from August ((19)) 18 through ((October 12, 2013)) November 19, all chum, ((nonlegal)) green and white sturgeon, all steelhead, and all wild (unmarked) Chinook must be handled with care to minimize injury to the fish and must be released immediately to the river/bay ((or to an operating recovery box when fishing in Willapa Bay Areas 2M, 2N, 2R, 2T, and 2U.
From November 6 through November 20, 2013, all chum, all nonlegal sturgeon, and all steelhead must be handled with care to minimize injury to the fish and must be released immediately to the river/bay when fishing in Willapa Bay Areas 2M, 2N, 2R, 2T, and 2U)) unless a salmon or steelhead is bleeding or lethargic.
(((d))) (c) Any steelhead or salmon required to be released and is bleeding or lethargic must be placed in the recovery box prior to being released to the river/bay. The recovery box must meet the requirements in (a) of this subsection. Lethargic is defined as having or showing very little movement or is nonresponsive.
(((e))) (d) All fish placed in recovery boxes must remain until at least to the completion of deployment of the next subsequent set before released to the river/bay and must be released to the river/bay prior to landing or docking.
(e) From August 18 through November 19, soak time must not exceed 45 minutes. Soak time is defined as the time elapsed from when the first of the gillnet web is deployed into the water until the gillnet web is fully retrieved from the water.
(4) Quick reporting is required for wholesale dealers and fishers retailing their catch under a "direct retail endorsement." According to WAC 220-69-240(14), reports must be made by 10:00 a.m. the day following landing.
(5) Retention of any species other than coho salmon((, white sturgeon with fork length measure not less than 43 inches and not more than 54 inches,)) and hatchery Chinook marked by a healed scar at the site of the adipose fin is prohibited.
(6) Report ALL encounters of green sturgeon, steelhead, and wild (unmarked) Chinook (your name, date of encounter, and number of species encountered) to the quick reporting office via phone at 866-791-1280, fax at 360-249-1229, or e-mail at harborfishtickets@dfw.wa.gov. Fishers may have wholesale dealers use the "buyer only" portion of the fish ticket and have encounters included with each day's quick reporting.
(7) ((White sturgeon, when lying on their side, are measured from the tip of the nose to the fork of the tail. This measurement is referred to as the fork length. All white sturgeon to be retained must have a fork length measure of no less than 43 inches and no more than 54 inches.
(8))) Do NOT remove tags from white sturgeon ((that are not allowed to be retained. For white sturgeon that can be retained, please submit tags to the Washington Department of Fish and Wildlife, 48 Devonshire Rd., Montesano, WA 98563. For white sturgeon not of a legal size and all green sturgeon,)). Please obtain available information from tags without removing tags. Submit tag information to the Washington Department of Fish and Wildlife, 48 Devonshire Rd., Montesano, WA 98563.
(((9))) (8) It is unlawful to fish with gillnet gear in Areas 2M, 2N, 2R, 2T, and 2U unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and has in their possession a department-issued certification card.
(((10))) (9) Fishers must take department observers if requested by department staff when participating in these openings. Fishers also must provide notice of intent to participate by contacting quick reporting by phone, fax or e-mail. Notice of intent must be given prior to 12:00 p.m. on ((August 13, 2013)) July 28.
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