WSR 15-22-032 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-403—Filed October 27, 2015, 3:45 p.m., effective October 29, 2015, 6:00 a.m.] Effective Date of Rule: October 29, 2015, 6:00 a.m.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-40-02700E; and amending WAC 220-40-027.
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 emergency rule is needed to allow for a test fishery which will be used to evaluate stock composition and whether scheduled commercial fisheries should open in Willapa Bay. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 27, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-40-02700E Willapa Bay salmon—Fall fishery.
Notwithstanding the provisions of WAC 220-40-027, effective 6:00 a.m. to 6:00 p.m. October 29, 2015, it is unlawful to fish in waters of Willapa Bay for commercial purposes, except:
(1) Open only in Willapa Bay Catch Area 2M and only for the vessel "OR764ZM", 2T for the vessel "BRUTE FORCE", and 2U for vessel "WN586Y".
(2) Mesh size must not exceed six and one-half inches stretched.
(3) The vessel must have two operable recovery boxes or one box with two chambers on board.
(a) 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.
(b) Each chamber of the recovery box must meet the following dimensions as measured from within the box:
(i) The inside length measurement must be at or within 39-1/2 inches to 48 inches;
(ii) The inside width measurements must be at or within 8 to 10 inches; and
(iii) The inside height measurement must be at or within 14 to 16 inches.
(c) 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 or fresh bay water into each chamber.
(4) All steelhead and wild (unmarked) Chinook must be placed in an operating recovery box which meets the requirements in section (3) prior to being released to the river/bay as set forth in section (5).
(5) All fish placed in recovery boxes must remain until they are not lethargic and not bleeding and must be released to the river/bay prior to landing or docking.
(6) 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.
(7) 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.
(8) It is unlawful to retain any species other than Coho salmon or hatchery Chinook marked by a healed scar at the site of the adipose fin.
(9) The fisher must take a department observer onboard the vessel while fishing.
(10) The vessels must stop fishing at 6:00 p.m., or when 10 unmarked Chinook or 50 Chum are encountered per boat, whichever comes first.
REPEALER
The following section of the Washington Administrative Code is repealed effective 6:01 p.m. October 29, 2015:
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