WASHINGTON STATE REGISTER

WSR 07-20-018

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-233 -- Filed September 21, 2007, 5:02 p.m. , effective September 21, 2007, 5:02 p.m. ]

Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-41100N; and amending WAC 220-47-411.

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: ESA listed Hood Canal summer chum escapement is low enough that fishery impacts within Area 12A are adversely affecting migration patterns, and harvest of the listed run is of concern. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 21, 2007.

Phil Anderson

for Jeff Koenings

Director

NEW SECTION
WAC 220-47-41100P Gill net -- Open periods. It is unlawful to take, fish for, or possess salmon taken with gill net gear for commercial purposes from Puget Sound, except in the following designated Puget Sound Salmon Management and Catch Reporting Areas, during the seasons provided for in each respective fishing area:

AREA TIME DATE(S) MINIMUM MESH

6D: Skiff gill net only. 7 AM - 7 PM 9/24, 9/25, 9/26, 9/27, 9/28, 10/1, 10/2, 10/3, 10/4, 10/5, 10/8, 10/9, 10/10, 10/11, 10/12, 10/15, 10/16, 10/17, 10/18, 10/19, 10/22, 10/23, 10/24, 10/25, 10/26 5"

Note: In Area 6D, it is unlawful to use other than 5-inch minimum and 5 1/2-inch maximum mesh in the skiff gill net 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: Noon - Midnight; Use of recovery box required 10/12, 10/17, 10/18, 10/19 6 1/4"

Noon - Midnight 10/22, 10/23, 10/24, 10/25, 10/26, 10/29, 10/30, 10/31, 11/1, 11/2, 11/5, 11/6, 11/7, 11/8, 11/9, 11/12, 11/13, 11/14, 11/15, 11/16 6 1/4"

Note: In Areas 7 and 7A after September 30 but prior to October 20, 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 gill net web enters the water, until the gill net is fully retrieved from the water. Fishers must also use a recovery box in compliance with WAC 220-47-302 (5)(a) through (f).

7B: 6PM - 8AM NIGHTLY 9/21 5"

7AM 9/23 - 8PM 10/27 5"

7AM 10/28 - 8PM 11/3 6 1/4"

7AM 11/5 - 4PM 11/9 6 1/4"

7AM 11/12 - 4PM 11/16 6 1/4"

7AM 11/19 - 4PM 11/23 6 1/4"

7AM 11/26 - 4PM 11/30 6 1/4"

8AM 12/3 - 4PM 12/7 6 1/4"

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 gill nets using 6 1/4-inch minimum mesh beginning 12:01 AM on the last day in October and until 6:00 PM on the first Friday in December.

8: 7AM - 7PM 11/5, 11/7, 11/9, 11/12, 11/14, 11/16, 11/19, 11/21, 11/23 6 1/4"

7AM - 6PM 11/26, 11/28, 11/30 6 1/4"

8A: 6PM - 8AM NIGHTLY 10/9 5"

7AM - 8PM 10/16, 10/18, 10/19 5"

8AM - 8PM 10/23, 10/25, 10/26, 10/29, 10/31, 11/2 6 1/4"

7AM - 7PM 11/6, 11/8, 11/9, 11/13, 11/15, 11/16, 11/21, 11/22, 11/23 6 1/4"

7AM - 6PM 11/27, 11/29, 11/30 6 1/4"

8D: 6PM - 8AM NIGHTLY 9/23, 9/25, 9/27, 9/30, 10/2, 10/4, 10/7, 10/9, 10/11 5"

7AM - 8PM 10/18, 10/19 5"

8AM - 8PM 10/25, 10/26, 11/1, 11/2 5"

7AM - 7PM 11/8, 11/9 5"

7AM - 7PM 11/15, 11/16, 11/21, 11/23 6 1/4"

7AM - 6PM 11/29, 11/30 6 1/4"

9A: 6AM 9/26 - 7PM 11/3 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.

12A: Closed -

12, 12B: 8AM - 8PM 10/24, 10/25, 10/30, 11/1, 11/2 6 1/4"

7AM - 7PM 11/7, 11/8, 11/14, 11/15, 11/20 6 1/4"

12C: 7AM - 7PM 11/13, 11/15, 11/20, 11/22 6 1/4"

7AM - 6PM 11/26, 11/27 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.

[]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 220-47-41100N Gill net -- Open periods. (07-176)

AREA	TIME	DATE(S)	MINIMUM MESH
6D: Skiff gill net only.	7 AM - 7 PM	9/24, 9/25, 9/26, 9/27, 9/28, 10/1, 10/2, 10/3, 10/4, 10/5, 10/8, 10/9, 10/10, 10/11, 10/12, 10/15, 10/16, 10/17, 10/18, 10/19, 10/22, 10/23, 10/24, 10/25, 10/26	5"
Note: In Area 6D, it is unlawful to use other than 5-inch minimum and 5 1/2-inch maximum mesh in the skiff gill net 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:	Noon - Midnight; Use of recovery box required	10/12, 10/17, 10/18, 10/19	6 1/4"
	Noon - Midnight	10/22, 10/23, 10/24, 10/25, 10/26, 10/29, 10/30, 10/31, 11/1, 11/2, 11/5, 11/6, 11/7, 11/8, 11/9, 11/12, 11/13, 11/14, 11/15, 11/16	6 1/4"
Note: In Areas 7 and 7A after September 30 but prior to October 20, 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 gill net web enters the water, until the gill net is fully retrieved from the water. Fishers must also use a recovery box in compliance with WAC 220-47-302 (5)(a) through (f).
7B:	6PM - 8AM	NIGHTLY 9/21	5"
	7AM 9/23 - 8PM 10/27		5"
	7AM 10/28 - 8PM 11/3		6 1/4"
	7AM 11/5 - 4PM 11/9		6 1/4"
	7AM 11/12 - 4PM 11/16		6 1/4"
	7AM 11/19 - 4PM 11/23		6 1/4"
	7AM 11/26 - 4PM 11/30		6 1/4"
	8AM 12/3 - 4PM 12/7		6 1/4"
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 gill nets using 6 1/4-inch minimum mesh beginning 12:01 AM on the last day in October and until 6:00 PM on the first Friday in December.
8:	7AM - 7PM	11/5, 11/7, 11/9, 11/12, 11/14, 11/16, 11/19, 11/21, 11/23	6 1/4"
	7AM - 6PM	11/26, 11/28, 11/30	6 1/4"
8A:	6PM - 8AM	NIGHTLY 10/9	5"
	7AM - 8PM	10/16, 10/18, 10/19	5"
	8AM - 8PM	10/23, 10/25, 10/26, 10/29, 10/31, 11/2	6 1/4"
	7AM - 7PM	11/6, 11/8, 11/9, 11/13, 11/15, 11/16, 11/21, 11/22, 11/23	6 1/4"
	7AM - 6PM	11/27, 11/29, 11/30	6 1/4"
8D:	6PM - 8AM	NIGHTLY 9/23, 9/25, 9/27, 9/30, 10/2, 10/4, 10/7, 10/9, 10/11	5"
	7AM - 8PM	10/18, 10/19	5"
	8AM - 8PM	10/25, 10/26, 11/1, 11/2	5"
	7AM - 7PM	11/8, 11/9	5"
	7AM - 7PM	11/15, 11/16, 11/21, 11/23	6 1/4"
	7AM - 6PM	11/29, 11/30	6 1/4"
9A:	6AM 9/26 - 7PM 11/3		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.
12A:	Closed -
12, 12B:	8AM - 8PM	10/24, 10/25, 10/30, 11/1, 11/2	6 1/4"
	7AM - 7PM	11/7, 11/8, 11/14, 11/15, 11/20	6 1/4"
12C:	7AM - 7PM	11/13, 11/15, 11/20, 11/22	6 1/4"
	7AM - 6PM	11/26, 11/27	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.

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