WSR 17-13-075

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Filed June 16, 2017, 1:39 p.m.]

Supplemental Notice to WSR 17-06-077.

Preproposal statement of inquiry was filed as WSR 17-03-076 on January 11, 2017.

Title of Rule and Other Identifying Information: WAC 220-47-307 Closed areas—Puget Sound salmon, 220-47-311 Purse seine—Open periods, and 220-47-411 Gillnet—Open periods.

Hearing Location(s): Natural Resources Building, Room 630, 1111 Washington Street S.E., Olympia, WA 98504, on Tuesday, July 25, 2017, at 2:30 p.m. to 3:30 p.m.

Date of Intended Adoption: On or after July 26, 2017.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, email Rules.Coordinator@dfw.wa.gov, fax (360) 902-2155, by July 24, 2017.

Assistance for Persons with Disabilities: Contact Tami Lininger by July 24, 2017, (360) 902-2207 or TTY 1-800-833-6388.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal includes rule changes to the Puget Sound commercial salmon fishery needed as a result of the recommendations of the North of Falcon subgroup of the Pacific Fisheries [Fishery] Management Council. This proposal reflects additional changes to WAC 220-47-307, 220-47-311, and 220-47-411 from what was proposed in WSR 16-06-102, filed on March 1, 2016. For a summary of the changes from the initial CR-102 filing contained in this proposal.

This summarizes changes made since the filing of the original CR-102 that was filed as WSR 17-06-077. These changes were made based on public input received and negotiations with tribal comanagers.

For Puget Sound salmon closed areas, WAC 220-47-307, changes include:

Closure during chum directed fisheries of that portion of Area 10 east of a line from Alki Point to Fourmile Rock.

Addition of purse seine closure in Area 12 in those waters within two miles of the Hood Canal Bridge on October 24 and 30.

Season Structure Changes:

For purse seine open periods, WAC 220-47-311, changes include:

Areas 7 and 7A chum: Adjustment to open days during the chum fishery, per tribal agreement.

Area 7C Chinook: Added additional fishing days in September.

Areas 8 and 8A: Closed due to low pink forecasts and to protect weak coho stocks.

Area 8D: Adjustments to schedule to align with chum openings in other areas.

Area 10 pink: Adjustment to days scheduled in first week of September.

Areas 10 and 11 chum: Adjustment to days scheduled in weeks 42 through 48, including removal of second day of fishing in week 44 and adding one day of fishing in weeks 42 and 45.

Areas 12 and 12B chum: Adjustment to days scheduled in weeks 42 through 48, including removal of second day of fishing in week 44 and adding one day of fishing in week 42 and 45.

For gillnet open periods, WAC 220-47-411, changes include:

Areas 7 and 7A chum: Adjustment to open days during the chum fishery, per tribal agreement.

Area 7C Chinook: Added additional fishing days in September.

Areas 8 and 8A: Closed due to low pink forecasts and to protect weak coho stocks.

Area 8D: Reduction in schedule to protect weak coho stocks.

Areas 10 and 11 chum: Adjustment to days scheduled in weeks 43 through 48 and the addition of one day of fishing in week 42.

Areas 12 and 12B chum: Adjustment to days scheduled in weeks 43 through 48 and the addition of one day of fishing in week 42.

Reasons Supporting Proposal: These changes incorporate the recommendations of the North of Falcon subgroup of the Pacific Fisheries [Fishery] Management Council to take harvestable fish in commercial salmon fisheries in Puget Sound while protecting species of fish listed as endangered.

Statutory Authority for Adoption: RCW 77.12.045, 77.12.047, and 77.04.020.

Statute Being Implemented: RCW 77.12.045, 77.12.047, and 77.04.020.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington department of fish and wildlife (WDFW), governmental.

Name of Agency Personnel Responsible for Drafting: Kendall Henry, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2717; Implementation: Ron Warren, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2799; and Enforcement: Chief Chris Anderson, 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 rules will incorporate the recommendations of the North of Falcon subgroup of the Pacific Fisheries [Fishery] Management Council to take harvestable salmon in Puget Sound while protecting species of fish, marine mammals, and sea birds listed as endangered. The rules include legal gear requirements, area restrictions, and open periods for commercial salmon fisheries occurring in Puget Sound.

2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: These rule changes clarify dates for anticipated open periods and areas for full-fleet and limited-participation salmon fisheries, and legal gear requirements for those fisheries. 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 adjust opening and closing dates. The proposed rules do not require any additional equipment, supplies, labor, or administrative costs. Therefore, there is no additional cost 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 nontreaty fleets. Therefore, the proposed rules should not cause any businesses to lose sales or revenue.

5. Cost of Compliance for Small Businesses Compared with the 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:

a. Cost per employee;

b. Cost per hour of labor; or

c. Cost per one hundred dollars of sales.

None, the proposed rules do not require any additional equipment, supplies, labor, or administrative costs.

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 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 Puget Sound 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 use in the 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 Scott Bird, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2403, fax (360) 902-2155, email rules.coordinator@dfw.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. These proposals do not affect hydraulics.

June 16, 2017

Scott Bird

Rules Coordinator

AMENDATORY SECTION (Amending WSR 16-18-067, filed 9/2/16, effective 10/3/16)

WAC 220-47-307 Puget Sound salmon—Closed areas((—Puget Sound salmon)).

It is unlawful at any time, unless otherwise provided, to take, fish for, or possess salmon taken for commercial purposes with any type of gear from the following portions of Puget Sound Salmon Management and Catch Reporting Areas, except that closures listed in this section do not apply to reef net fishing areas listed in RCW 77.50.050:

Areas 4B, 5, 6, 6B, and 6C - The Strait of Juan de Fuca Preserve as defined in WAC ((220-47-266)) 220-354-330.

Area 6D - That portion within 1/4-mile of each mouth of the Dungeness River.

Area 7 -

(1) The San Juan Island Preserve as defined in WAC ((220-47-262)) 220-354-320.

(2) Those waters within 1,500 feet of shore on Orcas Island from Deer Point northeasterly to Lawrence Point, thence west to a point intercepting a line projected from the northernmost point of Jones Island, thence 90° true to Orcas Island.

(3) Those waters within 1,500 feet of the shore of Cypress Island from Cypress Head to the northernmost point of Cypress Island.

(4) Those waters easterly of a line projected from Iceberg Point to Iceberg Island, to the easternmost point of Charles Island, then true north from the northernmost point of Charles Island to the shore of Lopez Island.

(5) Those waters northerly of a line projected from the southernmost point of land at Aleck Bay to the westernmost point of Colville Island, thence from the easternmost point of Colville Island to Point Colville.

(6) Those waters easterly of a line projected from Biz Point on Fidalgo Island to the Williamson Rocks Light, thence to the Dennis Shoal Light, thence to the light on the westernmost point of Burrows Island, thence to the southwestern-most point of Fidalgo Head, and including those waters within 1,500 feet of the western shore of Allan Island, those waters within 1,500 feet of the western shore of Burrows Island, and those waters within 1,500 feet of the shore of Fidalgo Island from the southwestern-most point of Fidalgo Head northerly to Shannon Point.

(7) Additional Fraser sockeye and pink seasonal closure:

Those waters within 1,500 feet of the shore of Fidalgo Island from the Initiative 77 marker northerly to Biz Point.

(8) Those waters within 1,500 feet of the eastern shore of Lopez Island from Point Colville northerly to Lopez Pass, and those waters within 1,500 feet of the eastern shore of Decatur Island from the southernmost point of land northerly to Fauntleroy Point, and including those waters within 1,500 feet of the shore of James Island.

Area 7A - The Drayton Harbor Preserve as defined in WAC ((220-47-252)) 220-354-310.

Area 7B -

(1) That portion south and east of a line from William Point on Samish Island to Saddlebag Island to the southeastern tip of Guemes Island, and that portion northerly of the railroad trestle in Chuckanut Bay.

(2) That portion of Bellingham Bay and Portage Bay adjacent to Lummi Indian Reservation is closed north and west of a line from the intersection of Marine Drive and Hoff Road (48°46'59"N, 122°34'25"W) projected 180° true for 2.75 nautical miles (nm) to a point at 48°45'11"N, 122°34'25"W, then 250° true for 1.4 nm to a point at 48°44'50"N, 122°35'42"W, then 270° true for 1.4 nm to 48°44'50"N, 122°37'08"W, then 230° true for 1.3 nm to 48°44'24"N, 122°37'52"W, then 200° true for 1 nm to 48°43'45"N, 122°38'12"W, then 90° true for 1 nm to a point just northeast of Portage Island (48°43'45"N, 122°37'14"W), then 160° true for 1.4 nm to a point just east of Portage Island (48°42'52"N, 122°36'37"W).

Area 7C - That portion southeasterly of a line projected from the mouth of Oyster Creek 237° true to a fishing boundary marker on Samish Island.

Area 8 -

(1) That portion of Skagit Bay easterly of a line projected from Brown Point on Camano Island to a white monument on the easterly point of Ika Island, thence across the Skagit River to the terminus of the jetty with McGlinn Island.

(2) Those waters within 1,500 feet of the western shore of Camano Island south of a line projected true west from Rocky Point.

Area 8A -

(1) Those waters easterly of a line projected from Mission Point to Buoy C1, excluding the waters of Area 8D, thence through the green light at the entrance jetty of the Snohomish River and across the mouth of the Snohomish River to landfall on the eastern shore, and those waters northerly of a line from Camano Head to the northern boundary of Area 8D, except when open for pink fisheries.

(2) Additional coho seasonal closure prior to October 3: Those waters southerly of a line projected from the Clinton ferry dock to the Mukilteo ferry dock.

Area 8D - Those waters easterly of a line projected from Mission Point to Hermosa Point.

Area 9 - Those waters lying inside and westerly of a line projected from the Point No Point light to Sierra Echo buoy, thence to Forbes Landing wharf east of Hansville.

Area 10 -

(1) Those waters easterly of a line projected from Meadow Point to West Point.

(2) Those waters of Port Madison westerly of a line projected from Point Jefferson to the northernmost portion of Point Monroe.

(3) Additional pink seasonal closure: The area east inside of the line originating from West Point and extending west to the closest midchannel buoy, thence true through Point Wells until reaching latitude 47°44'500"N, thence extending directly east to the shoreline.

(4) Additional purse seine pink seasonal closure: The area within 500 feet of the eastern shore in Area 10 is closed to purse seines north of latitude 47°44'500"N.

(5) Additional coho and chum seasonal closure: Those waters of Elliott Bay east of a line from Alki Point to the light at Fourmile Rock, and those waters northerly of a line projected from Point Wells to "SF" Buoy, then west to President's Point.

Area 10E - Those waters of Liberty Bay north of a line projected due east from the southernmost Keyport dock, those waters of Dyes Inlet north of the Manette Bridge, and those waters of Sinclair Inlet southwest of a line projected true east from the Bremerton ferry terminal.

Area 11 -

(1) Those waters northerly of a line projected true west from the light at the mouth of Gig Harbor, and those waters south of a line from Browns Point to the northernmost point of land on Point Defiance.

(2) Additional coho seasonal closure: Those waters south of a line projected from the light at the mouth of Gig Harbor to the Tahlequah ferry dock, then south to the Point Defiance ferry dock, and those waters south of a line projected from the Point Defiance ferry dock to Dash Point.

Areas 12, 12B, and 12C - Those waters within 1,000 feet of the eastern shore.

Area 12 - Those waters inside and easterly of a line projected from Lone Rock to the navigation light off Big Beef Creek, thence southerly to the tip of the outermost northern headland of Little Beef Creek.

Area 12 – Additional purse seine chum seasonal closures:

(1) Those waters of Area 12 south and west of a line projected 94 degrees true from Hazel Point to the light on the opposite shore, bounded on the west by the Area 12/12B boundary line are closed to purse seines except this area is open for purse seines on October 24 and October ((31)) 30.

(2) Those waters of Area 12 within 2 miles of the Hood Canal Bridge are closed to purse seines on October 24 and October ((31)) 30.

Area 12A -

(1) Those waters north of a line projected due east from Broad Spit.

(2) Those waters within 1,000 feet of the mouth of the Quilcene River.

Area 12B -

(1) Those waters within 1/4-mile of the mouths of the Dosewallips, Duckabush, and Hamma Hamma rivers and Anderson Creek.

(2) Additional Chinook seasonal closure: Those waters north and east of a line projected from Tekiu Point to Triton Head.

Area 12C -

(1) Those waters within 2,000 feet of the western shore between the dock at Glen Ayr R.V. Park and the Hoodsport marina dock.

(2) Those waters south of a line projected from the Cushman Powerhouse to the public boat ramp at Union.

(3) Those waters within 1/4-mile of the mouth of the Dewatto River.

Area 13A - Those waters of Burley Lagoon north of State Route 302; those waters within 1,000 feet of the outer oyster stakes off Minter Creek Bay, including all waters of Minter Creek Bay; those waters westerly of a line drawn due north from Thompson Spit at the mouth of Glen Cove; and those waters within 1/4-mile of Green Point.

NEW SECTION

The following section of the Washington Administrative Code is decodified and recodified as follows:


Old WAC Number	New WAC Number
220-47-307	220-354-080

AMENDATORY SECTION (Amending WSR 16-18-067, filed 9/2/16, effective 10/3/16)

WAC 220-47-311 Puget Sound salmon—Purse seine—Open periods.

(1) It is unlawful to take, fish for, or possess salmon taken with purse seine gear for commercial purposes from Puget Sound, except in the following designated Puget Sound Salmon Management and Catch Reporting Areas and during the periods provided for in each respective Management and Catch Reporting Area:


AREA	TIME		DATE
7, 7A:	7AM - 6PM	-	10/10, ((10/12, 10/13)) 10/11, 10/14, 10/15, ((10/16, 10/17,)) 10/18, 10/19, 10/20, 10/21, 10/22, 10/23, 10/24, 10/25, 10/26, 10/27, 10/28, 10/29, 10/30, 10/31, 11/1, 11/2, 11/3, 11/4((, 11/5))
	7AM - 5PM	-	11/5, 11/6, 11/7, 11/8, 11/9, 11/10, 11/11((, 11/12))
Note: In Areas 7 and 7A, it is unlawful to fail to brail when fishing with purse seine gear. Any time brailing is required, purse seine fishers must also use a recovery box in compliance with WAC ((220-47-301)) 220-354-100 (7)(a) through (f).
7B, 7C:	6AM - 8PM	-	((8/10, 8/17, 8/24, 8/31)) 8/16, 8/23, 8/30, 9/6
	7AM - 7PM	-	9/11, 9/13, 9/15
7B:	((6AM - 8PM	-	9/5, 9/7, 9/9))
	7AM - 7PM	-	((9/12, 9/14, 9/16)) 9/18, 9/20, 9/22
	7AM ((9/18)) 9/24	-	6PM ((10/29)) 11/4
	7AM ((10/31)) 11/6	-	4PM ((11/4)) 11/10
	7AM ((11/7)) 11/13	-	4PM ((11/11)) 11/17
	7AM ((11/14)) 11/20	-	4PM ((11/18)) 11/24
	7AM ((11/21)) 11/27	-	4PM ((11/25)) 11/30
	7AM 12/4	-	4PM 12/8
Note: That portion of Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor is open to purse seines beginning at 12:01 a.m. on the last Monday in October and until 4:00 p.m. on the first Friday in December.
8:	Closed
8A:	Closed
8D:	((Closed)) 7AM - 7PM	-	9/19, 9/26, 10/3, 10/10
	7AM - 6PM	-	10/18, 10/24, 10/30
	7AM - 5PM	-	11/7, 11/9, 11/13, 11/21, 11/29
10:	7AM - 7PM	-	Limited participation - 5 boats 8/23, 8/29, 8/31, 9/5, 9/7
10, 11:	7AM - 6PM	-	((10/20, 10/24, 10/31)) 10/18, 10/24, 10/30
	7AM - 5PM	-	((11/08, 11/14, 11/16, 11/22)) 11/7, 11/9, 11/13, 11/21
12, 12B:	7AM - 6PM	-	((10/20, 10/24, 10/31)) 10/18, 10/24, 10/30
	7AM - 5PM	-	((11/08, 11/14, 11/16)) 11/7, 11/9, 11/13, 11/21
12C:	((7AM - 6PM	-	10/31))
	7AM - 5PM	-	((11/08, 11/14, 11/16, 11/22)) 11/7, 11/9, 11/13, 11/21, 11/27
Note: In Area 10 during any open period occurring in August or September, it is unlawful to fail to brail or use a brailing bunt when fishing with purse seine gear. Any time brailing is required, purse seine fishers must also use a recovery box in compliance with WAC ((220-47-301)) 220-354-100 (7)(a) through (f).

(2) It is unlawful to retain the following salmon species taken with purse seine gear within the following areas during the following periods:

(a) Chinook salmon - At all times in Areas 7, 7A, 8, 8A, 8D, 10, 11, 12, 12B, and 12C, and after October 20 in Area 7B.

(b) Coho salmon - At all times in Areas 7, 7A, 10, and 11, and prior to September 1 in Area 7B.

(d) All other saltwater and freshwater areas - Closed for all species at all times.

AMENDATORY SECTION (Amending WSR 16-18-067, filed 9/2/16, effective 10/3/16)

WAC 220-47-411 Puget Sound salmon—Gillnet—Open periods.

It is unlawful to take, fish for, or possess salmon taken with gillnet gear for commercial purposes from Puget Sound, except in the following designated Puget Sound Salmon Management and Catch Reporting Areas during the periods provided for in each respective fishing area:


AREA	TIME			DATE(S)	MINIMUM MESH
6D: Skiff gillnet only, definition WAC ((220-16-046)) 220-350-170 and lawful gear description WAC ((220-47-302)) 220-354-140.	7AM	-	7PM	9/21, 9/22, ((9/23)) 9/25, 9/26, 9/27, 9/28, 9/29, ((9/30)) 10/2, 10/3, 10/4, 10/5, 10/6, ((10/7)) 10/9, 10/10, 10/11, 10/12, 10/13, ((10/14)) 10/16, 10/17, 10/18, 10/19, 10/20, ((10/21)) 10/23, 10/24, 10/25, 10/26, 10/27((, 10/28))	5"
Note: In Area 6D, it is unlawful to use other than 5-inch minimum mesh in the skiff gillnet fishery. It is unlawful to retain Chinook taken in Area 6D at any time, or any chum salmon taken in Area 6D prior to October 16. In Area 6D, any Chinook or chum salmon required to be released must be removed from the net by cutting the meshes ensnaring the fish.
7, 7A:	7AM	-	Midnight; use of recovery box required	10/10, ((10/12, 10/13,)) 10/11, 10/14, 10/15, ((10/16, 10/17,)) 10/18, 10/19, 10/20, 10/21((, 10/22))	6 1/4"
	7AM	-	Midnight	10/22, 10/23, 10/24, 10/25, 10/26, 10/27, 10/28, 10/29, 10/30, 10/31, 11/1, 11/2, 11/3, 11/4, 11/5, 11/6, 11/7, 11/8, 11/9, 11/10, 11/11((, 11/12))	6 1/4"
Note: In Areas 7 and 7A after October 9 and prior to October 23, coho and Chinook salmon must be released, and it is unlawful to use a net soak time of more than 45 minutes. Net soak time is defined as the time elapsed from when the first of the gillnet web enters the water, until the gillnet is fully retrieved from the water. Fishers must also use a recovery box in compliance with WAC ((220-47-302)) 220-354-140 (5)(a) through (f) when coho and Chinook release is required.
7B, 7C:	7PM	-	8AM	NIGHTLY ((8/7, 8/8, 8/9)) 8/13, 8/14, 8/15, ((8/16, 8/17)) 8/20, 8/21, 8/22, 8/23, ((8/24)) 8/27, 8/28, 8/29, 8/30	7"
((7B, 7C:))	7AM ((8/28)) 9/3	-	7AM ((9/2)) 9/8		5"
((7B:))	7AM ((9/4)) 9/10	-	7AM ((9/9)) 9/15		5"
7B:	7AM ((9/11)) 9/17	-	7AM ((9/16)) 9/22		5"
	7AM ((9/18)) 9/24	-	Midnight ((10/29)) 11/4		5"
	7AM ((10/31)) 11/6	-	4PM ((11/4)) 11/10		6 1/4"
	6AM ((11/7)) 11/13	-	4PM ((11/11)) 11/17		6 1/4"
	6AM ((11/14)) 11/20	-	4PM ((11/18)) 11/24		6 1/4"
	7AM ((11/21)) 11/27	-	4PM ((11/25)) 11/30		6 1/4"
	7AM 12/4	-	4PM 12/8
Note: In Area 7C the minimum mesh size is 7" through 9/15.
Note: That portion of Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor is open to gillnets using 6 1/4-inch minimum mesh beginning 12:01 AM on the last day in October and until 4:00 PM on the first Friday in December.
8:	5AM	-	11PM	Closed	5"
Note: In Area 8 it is unlawful to take or fish for pink salmon with drift gillnets greater than 60-mesh maximum depth. Fishers must also use minimum 5" and maximum 5 1/2" mesh during pink salmon management periods.
8A:	6PM	-	8AM	Closed	((5"))
Note: In Area 8A fishers must use minimum 5" and maximum 5 1/2" mesh during pink salmon management periods.
8D:	((6PM)) 6AM	-	((8AM)) 10PM	((Closed)) 9/19	5"
	6AM 9/21	-	10PM 9/22		5"
	7AM	-	9PM	9/26, 10/3, 10/10	5"
	7AM 9/28	-	9PM 9/29		5"
	7AM 10/5	-	9PM 10/6		5"
	7AM 10/12	-	9PM 10/13		5"
	7AM	-	8PM	10/17, 10/24	5"
	7AM 10/19	-	8PM 10/20		5"
	7AM 10/26	-	8PM 10/27		5"
	7AM	-	7PM	10/31	5"
	7AM 11/2	-	7PM 11/3		5"
	6AM	-	6PM	11/7	5"
	6AM 11/9	-	6PM 11/10		5"
	6AM	-	6PM	11/15, 11/16, 11/17, 11/22, 11/23, 11/24	6 1/4"
	7AM	-	6PM	11/29, 11/30, 12/1	6 1/4"
9A: Skiff gillnet only, definition WAC ((220-16-046)) 220-350-170 and lawful gear description WAC ((220-47-302)) 220-354-140.	7AM ((8/14)) 8/21	-	7PM ((10/29)) 11/4		5"
Note: It is unlawful to retain chum salmon taken in Area 9A prior to October 1, and it is unlawful to retain Chinook salmon at any time. Any salmon required to be released must be removed from the net by cutting the meshes ensnaring the fish.
10:	7PM	-	7AM	((Closed)) Limited participation - 5 boats 8/22, 8/28, 8/30, 9/5, 9/7	4 1/2" minimum and 5 1/2" maximum
Note: In Area 10 fishers must use minimum 4 1/2" and maximum 5 1/2" mesh during pink salmon management periods. Also, during August or September openings, coho and Chinook salmon must be released, and it is unlawful to use a net soak time of more than 90 minutes. Net soak time is defined as the time elapsed from when the first of the gillnet web enters the water, until the gillnet is fully retrieved from the water. Fishers must also use a recovery box in compliance with WAC ((220-47-302)) 220-354-140 (5)(a) through (f). During all limited participation fisheries, it is unlawful for vessels to take or fish for salmon without department observers on board.
10, 11:	5PM	-	9AM	NIGHTLY ((10/16, 10/25, 10/27, 11/1, 11/3)) 10/19, 10/22, 10/25, 10/31, 11/2	6 1/4"
	((5PM	-	7AM	NIGHTLY 10/19	6 1/4"))
	4PM	-	8AM	((11/6, 11/9, 11/15, 11/20, 11/23)) 11/5, 11/14, 11/16, 11/19, 11/22	6 1/4"
	4PM	-	7AM	NIGHTLY ((11/17)) 11/8	6 1/4"
12A: Skiff gillnet only, definition WAC ((220-16-046)) 220-350-170 and lawful gear description WAC ((220-47-302)) 220-354-140.	7AM	-	7PM	Dates determined per agreement with tribal co-managers in-season if Summer Chum Salmon Conservation Initiative goals are met allowing for openings of gillnet gear.	5"
Note: In Area 12A, it is unlawful to use other than 5-inch minimum mesh in the skiff gillnet fishery. It is unlawful to retain Chinook or chum salmon taken in Area 12A at any time, and any salmon required to be released must be removed from the net by cutting the meshes ensnaring the fish.
12, 12B:	7AM	-	8PM	((10/17,)) 10/19, 10/23, 10/25	6 1/4"
	7AM	-	7PM	((10/25, 10/27, 11/1, 11/3)) 10/31, 11/2	6 1/4"
	6AM	-	6PM	((11/7, 11/9, 11/15, 11/17)) 11/6, 11/8, 11/14, 11/16, 11/20, 11/22	6 1/4"
12C:	((7AM	-	7PM	11/1, 11/3))
	6AM	-	6PM	((11/7, 11/9, 11/15, 11/17)) 11/6, 11/8, 11/14, 11/16, 11/20, 11/22	6 1/4"
	7AM	-	6PM	((11/21, 11/23)) 11/28, 11/30	6 1/4"
All other saltwater and freshwater areas - Closed.
	Nightly openings refer to the start date.
	Within an area or areas, a mesh size restriction remains in effect from the first date indicated until a mesh size change is shown, and the new mesh size restriction remains in effect until changed.

NEW SECTION

The following section of the Washington Administrative Code is decodified and recodified as follows:


Old WAC Number	New WAC Number
220-47-311	220-354-120
220-47-411	220-354-160