WSR 97-16-032

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-132--Filed July 29, 1997, 4:55 p.m.]

Date of Adoption: June 14, 1997.

Purpose: Methods to ensure survival of nontargeted salmon and to provide accounting mechanism.

Citation of Existing Rules Affected by this Order: Amending WAC 220-47-326.

Statutory Authority for Adoption: RCW 75.08.080.

Adopted under notice filed as WSR 97-09-096 on April 23, 1997.

Changes Other than Editing from Proposed to Adopted Version: WAC 220-47-326, made technical correction to WAC number as the WAC number filed had been previously used. Deleted language requiring an on-board observer program. Modified language to require the completion of log books for all purse seine salmon vessel operators. The log books are to record the species, numbers and condition of fish released from seine fishing operations in all fisheries.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 1, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

July 29, 1997

Lisa Pelly, Chairperson

Fish and Wildlife Commission

NEW SECTION

WAC 220-47-326 Puget Sound commercial salmon--Assessment of impacts on released fish. (1) It is unlawful to participate in the purse seine openings listed in chapter 220-47 WAC, unless each purse seine vessel operator carries on board the purse seine vessel a log book, provided by the department, to record the numbers and condition of fish caught which are required to be released by Title 220 WAC.

(2) Each purse seine vessel operator, immediately upon completion of a set, shall record into the log book the numbers of fish caught by species in that set which are required to be released, and specify the condition, at time of release, of each fish released from that set; and it is unlawful to fail to immediately and accurately record into the log book the information from each completed set of the purse seine net.

(3) The completed log book shall be returned to the department no later than seven days after the last purse seine opening of the calendar year scheduled in WAC 220-47-311; and it is unlawful to fail to do so.