WSR 14-12-063 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-129—Filed May 30, 2014, 3:10 p.m., effective May 30, 2014, 3:10 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Designation of Columbia River seine fishery as an emerging commercial fishery.
Citation of Existing Rules Affected by this Order: Amending WAC 220-88-050, 220-88-060, 220-88-070, and 220-88-080.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.04.130, 77.12.045, and 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 rule establishes an emerging commercial fishery with limited participants using beach or purse seine gear in the Columbia River. This limited entry fishery is established consistent with RCW 77.70.160 and is implemented based on Policy C-3620 which includes guiding principles and a progressive series of actions to improve the management of salmon in the Columbia River basin. The fisheries outlined here are part of a series of actions meant to be progressively implemented in 2013-2016 during the transitional period of the policy. This is the first set of commercial regulations allowing seine gear in the Columbia River in decades, and is meant to inform fishery managers in how best to implement such fisheries. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 30, 2014.
Joe Stohr
for Philip Anderson
Director
NEW SECTION
WAC 220-88-05000A Designation of Columbia River seine fishery as an emerging commercial fishery.
(1) The director designates the Columbia River seine salmon fishery as an emerging commercial fishery for which use of a vessel is required. The director has determined a need to limit the number of participants in this fishery.
(2) It is unlawful to fish for, possess, or deliver salmon taken for commercial purposes using beach or purse seine unless the fisher possesses a valid emerging commercial fishery license and a salmon experimental fishery permit for either beach seine or purse seine gear. A violation of this subsection is punishable under RCW 77.15.500, Commercial fishing without a license—Penalty.
NEW SECTION
WAC 220-88-06000A Columbia River seine emerging commercial fishery—Qualifications—Issuance of experimental fishery permits—License fee—Permit conditions.
(1) Individuals interested in participating in this fishery must apply for an emerging fishery license. Only one application per person. Application deadline is June 20, 2014.
(a) Experimental fishery permits will be drawn randomly from the pool of emerging fishery license applications for Columbia River seine fisheries received by the deadline. Applications will be pooled by gear type (i.e. beach seine pool and purse seine pool). Permits will be based on the ranking order of the preferred Zones (fishing area) provided by the applicant.
(b) Random drawings will begin after June 20, 2014. Drawings will continue until the number of permits needed is filled for each gear type and zone as determined by the agencies.
(c) Once drawn, the emerging fishery license and experimental fishery permit will be awarded so long as the applicant meets the qualifications for the license and permit as provided in subsection (2) of this section. Random drawings will continue from this pool of applicants until all permits are filled or the pool of qualified applicants is exhausted. Award notifications for applicants who meet the June 20 deadline will occur no later than July 15, 2014.
(d) The department may perform additional random drawings if the total number of permits needed is not filled from the applications received by the June 20 deadline.
(e) Alternate permits for each for gear type and area may be drawn. Alternate permits for each gear type may be awarded if needed at the Department's discretion.
(f) Applicants drawn for an emerging fishery license and experimental fishery permit must respond within ten (10) business days of being notified by the department to accept the permit and purchase the emerging fishery license. At that time the emerging fishery license fee will be due, and the license and permit will be issued by WDFW upon receipt of payment. The department will not issue the emerging fishery license or the experimental fishery permit until payment is received. If an applicant is drawn for the license and permit and fails to purchase the license and permit within ten (10) business days of notification of selection, the department may issue the license and permit to another selected applicant.
(g) The emerging fishery license and experimental fishery permit expire on December 31, 2014.
(2) Qualifications: An experimental fishery permit will only be issued to a natural person who has a valid emerging commercial fishery license and who:
(a) Possesses a commercial gillnet salmon license/permit issued by Washington or Oregon for the Columbia River, Columbia River/Willapa Bay or Columbia River/Grays Harbor and can demonstrate by valid Washington or Oregon fish receiving tickets that salmon have been taken in the Columbia River or Columbia River Select Areas within the past two calendar years (2012 and 2013) under that license; or
(b) Can demonstrate by valid Washington or Oregon fish receiving tickets that salmon have been taken in the Columbia River or Columbia River Select Areas by the applicant under a commercial salmon license issued for the Columbia River, Columbia River/Willapa Bay or Columbia River/Grays Harbor within the past two calendar years (2012 and 2013).
(3) Nothing in this section gives preference to 2014 permit holders for issuance of potential future permits.
(4) Experimental fishery permits are not transferable between persons. The permit holder must be present and in possession of a valid experimental fishery permit during seine fishing operations. A violation of this subsection is punishable under RCW 77.15.540, Unlawful use of a commercial fishery license—Penalty.
(5) It is unlawful to violate the conditions of the experimental fishery permit for the Columbia River seine emerging commercial fishery. A violation of this subsection is punishable under RCW 77.15.540, Unlawful use of a commercial fishery license—Penalty.
(6) Experimental fishery permits may be revoked at the discretion of the Director and future permits denied for failure to comply with conditions specified in the permit or violations of other commercial fishing regulations.
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. NEW SECTION
WAC 220-88-07000A Columbia River seine emerging commercial fishery—Season, area, and gear requirements.
It is unlawful to fish for salmon for commercial purposes with beach or purse seine gear except as provided in this section:
(1) Season: Open with state regulatory processes for commercial fishing with these gear types (beach or purse seine). Fishing periods are expected in 2014 during the months of August, September, and October. A violation of this subsection is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
(2) Open area: Columbia River from the Columbia River mouth upstream to Beacon Rock, as described in WAC 220-22-010 salmon management and catch reporting areas 1A-1E and as determined by the Columbia River Compact. A violation of this subsection is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
(3) Gear type: Beach seines or purse seines only. Only one net per boat.
(a) Purse seine gear requirements:
(i) Net length: 200 fathoms maximum, including associated lead nets.
(ii) Net depth: 200 meshes deep (approximately 50 feet).
(iii) Mesh size/type: 3.5-inch maximum mesh. 3-strand nylon. Twine ≥ #12.
(iv) Bunt: No less than six fathoms of knotless bunt (1.5-inch maximum).
(v) Red corks are required at 25-fathom intervals and red corks must be in contrast to the corks used in the remainder of the net.
(vi) Block or drum gear is permissible.
(b) Beach seine gear requirements:
(i) Net length: 200 fathoms maximum, including associated lead nets.
(ii) Net depth: 200 meshes deep (approximately 50 feet).
(iii) Mesh size/type: 3.5-inch maximum mesh. 3-strand nylon. Twine ≥ #12.
(iv) Red corks are required at 25-fathom intervals and red corks must be in contrast to the corks used in the remainder of the net.
(4) A violation of subsection (3) of this section is punishable under RCW 77.15.520, Commercial fishing—Unlawful gear or methods—Penalty.
NEW SECTION
WAC 220-88-08000A Columbia River seine emerging commercial fishery—Allowable possession and sales—Catch handling requirements.
(1) Allowable possession and sales: Salmon. All species other than salmon must be carefully handled and returned to the water promptly.
(2) Handling of catch: Catch may only be handled by hand or with rubber coated nets when sorting fish. Fish must be sorted while submerged in the water; it is unlawful to dry sort fish on land.
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