WSR 15-12-003 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-139—Filed May 20, 2015, 3:08 p.m., effective May 22, 2015, 12:01 a.m.] Effective Date of Rule: May 22, 2015, 12:01 a.m.
Purpose: Amend commercial salmon troll fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-24-04000R; and amending WAC 220-24-040.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 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: A small amount of the quota for Areas 3 and 4 remains available for the fishery. A large harvestable quota of salmon remains available for the troll fleet in Areas 1 and 2. These rules are adopted at the recommendation of the Pacific Fisheries Management Council and the National Marine Fisheries Service, in accordance with preseason fishing plans. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 20, 2015.
Joanna M. Eide
for J. W. Unsworth
Director
NEW SECTION
WAC 220-24-04000S All-citizen commercial salmon troll.
Notwithstanding the provisions of WAC 220-24-040, effective 12:01 a.m. May 22, 2015, until further notice, it is unlawful to fish for salmon with troll gear or to land salmon taken with troll gear into a Washington port except during the seasons provided below:
(1) Salmon Management and Catch Reporting Areas 1 and 2 open through June 30, 2015.
(2) That portion of Area 4 west of 125°05'00" W longitude and south of 48°23'00" N latitude, open:
May 22 – 26, 2015,
May 29 – June 2, 2015,
June 5 – 9, 2015,
June 12 – 16, 2015,
June 19 – 23, 2015,
June 26 – 30, 2015.
(3) All fishers intending to fish Area 4 must declare that intention before fishing by notifying WDFW at 360-902-2739 with boat name and approximate time they intend to fish in Area 4 and destination at the end of the trip. All fish from Area 4 must be landed before fishing any other Area. No fish from other Areas may be in possession with fish from Area 4. Landing and possession limit of 15 Chinook in Area 4 per vessel per entire open period.
(4) Cape Flattery and Columbia River Control Zones are closed.
(5) Minimum size for Chinook salmon is 28 inches in length. No minimum size for pink, sockeye or chum salmon. It is unlawful to possess coho salmon.
(6) Lawful troll gear is restricted to all legal troll gear with single point, single shank barbless hooks.
(7) Fishers must land and deliver their catch within 24 hours of any closure of a fishery provided for in this section. Vessels in possession of fish from Area 2 much stay in the closed areas to transit through Areas 3 and 4 to land in La Push or Neah Bay. All fish must be landed in Areas 1, 2, 3 and 4. Vessels in possession of salmon north or south of the Queets River may not cross the Queets River line without first notifying WDFW by phone at (360) 902-2739 or by email at Douglas.Milward@dfw.wa.gov with Area fished, total Chinook and halibut catch aboard, and destination. Vessels fishing or in possession of salmon while fishing north of Leadbetter Point must land and deliver their fish within the area and North of Leadbetter Point. Vessels fishing or in possession of salmon while fishing south of Leadbetter Point must land and deliver their fish within the area and south of Leadbetter Point.
(8) The Cape Flattery Control Zone is defined as the area from Cape Flattery (48°23'00" N latitude) to the northern boundary of the U.S. Exclusive Economic Zone, and the area from Cape Flattery south to Cape Alava, 48°10'00" N latitude, and east of 125°05'00" W longitude.
(9) The Columbia Control Zone is defined as an area at the Columbia River mouth, bounded on the west by a line running northeast/southwest between the red lighted Buoy #4 (46°13'35" N. Lat., 124°06'50" W. long.) and the green lighted Buoy #7 (46°15'09' N. lat., 124°06'16" W. long.); on the east, by the Buoy #10 line which bears north/south at 357° true from the south jetty at 46°14'00" N. lat., 124°03'07" W. long, to its intersection with the north jetty; on the north, by a line running northeast/southwest between the green lighted Buoy #7 to the tip of the north jetty (46°15'48" N. lat., 124°05'20" W. long.), and then along the north jetty to the point of intersection with the Buoy #10 line; and, on the south, by a line running northeast/southwest between the red lighted Buoy #4 and tip of the south jetty (46°14'03" N. lat., 124°04'05" W. long.), and then along the south jetty to the point of intersection with the Buoy #10 line.
(10) It is unlawful to fish in Salmon Management and Catch Reporting Areas 1, 2 or 4 with fish on board taken south of Cape Falcon, Oregon and all fish taken from Salmon Management and Catch Reporting Areas 1, 2 or 4 must be landed before fishing south of Cape Falcon, Oregon.
(11) It is unlawful for wholesale dealers and trollers retailing their fish to fail to report their landing by 10:00 a.m. the day following landing. Ticket information can be telephoned in by calling 1-866-791-1279, faxing the information to (360) 902-2949, or e-mailing to trollfishtickets@dfw.wa.gov. Report the dealer name, the dealer license number, the purchasing location, the date of purchase, the fish ticket numbers, the gear used, the catch area, the species, the total number for each species, and the total weight for each species, including halibut.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040. 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. REPEALER
The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 22, 2015:
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