Date of Adoption: July 22, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-20-016, 220-47-302, 220-47-307, 220-47-311, 220-47-325, 220-47-401, 220-47-410, 220-47-411, 220-47-412, and 220-47-430.

Statutory Authority for Adoption: RCW 75.08.080.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: These regulations, recommended by the North of Falcon subgroup of the Pacific Fishery Management Council, have already been adopted through the expedited rule-making process. However, those rules adopted through that process will not become effective until later August and it will mean the loss of significant commercial harvest opportunities on healthy runs of sockeye, chinook, and pink salmon, unless emergency action is taken.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 10, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.

July 22, 1999

J. P. Koenings

Director

Notwithstanding the provisions of WAC 220-20-016, it is unlawful for any person licensed to take salmon for commercial purposes as required under RCW 75.28 to retain for personal use more than the equivalent of one daily sport bag limit for the area being fished. The possession limit is equal to one daily limit. All salmon taken under commercial license must be recorded on state of Washington fish receiving tickets. The daily limit and possession limit described in this subsection also apply to crew members of the licensed fishing vessel.

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Notwithstanding the provisions of WAC 220-47-302, the requirement for gill nets used in Puget Sound to be marked with floats or corks of contrasting color attached at 50-foot intervals along the corkline is rescinded.

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Notwithstanding the provisions of WAC 220-47-307, effective immediately through August 31, 1999, it is unlawful to fish for salmon for commercial purposes with any type of gear in waters of Puget Sound Salmon Management and Catch Reporting Area 8A southerly of a line projected from the Clinton ferry dock to the Mukilteo ferry dock.

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Notwithstanding the provisions of WAC 220-47-311, effective immediately until further notice.

(1) It is unlawful to retain the following salmon species in the designated Puget Sound areas if taken with purse seine gear:

a) chinook salmon in all areas of Puget Sound

b) coho salmon in SMCRA Areas 7 and 7A

c) chum salmon in SMCRA Areas 7 and 7A.

(2) Purse seines may fish in SMCRA Area 8A from 5:00 a.m. until 9:00 p.m. on Tuesday August 24 and from 5:00 a.m. until 9:00 p.m. on Monday August 30.

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Notwithstanding the provisions of WAC 220-47-325, during fishing openings in Puget Sound Salmon Management and Catch Reporting Areas 7 or 7A, it is unlawful for any purse seine vessel operator to bring salmon aboard a vessel unless all salmon captured in the seine net are removed from the seine net using a brailer or hand-held dip net meeting the specifications in this section prior to the net being removed from the water.

(1) The brailer shall be constructed in the following manner and the with the following specifications:

(a) The brailer and bag shall consist of a bag of web hung on a rigid hoop attached to a handle;

(b) The bag shall be opened by releasing a line running through rings attached to the bottom of the bag; and

(c) The web shall be of soft, knotless construction and the mesh size may not exceed 2.25 inches (57 mm) measured along two contiguous sides of a single mesh.

(2) Hand-held dip nets shall be constructed of a shallow bag of soft, knotless web attached to a handle.

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Reviser's note: The typographical error 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.
NEW SECTION
WAC 220-47-40100B
Reef net open periods.

Notwithstanding the provisions of WAC 22-47-401, it is unlawful to retain chinook, coho, and chum salmon taken with reef net gear.

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Reviser's note: The typographical error 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.
NEW SECTION
WAC 220-47-41000A
Gill net--Daily hours.

Notwithstanding the provisions of WAC 220-47-410, it is unlawful to take or fish for salmon in Puget Sound Salmon Management and Catch Reporting Areas 7 or 7A with gill net gear from 12:00 midnight to 1 1/2 hours after sunrise.

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Notwithstanding the provisions of WAC 220-47-411, effective immediately until further notice, it is unlawful to take, fish for, or possess salmon taken with gill net gear for commercial purposes from Puget Sound except in accordance with the following open periods and area restrictions:

Areas 7B and 7C - Gill nets may fish from 7:00 p.m. Monday August 16 to 9:00 a.m. Tuesday August 17, and from 7:00 p.m. Monday August 23 to 9:00 a.m. Tuesday August 24, and from 7:00 p.m. Tuesday August 24 to 9:00 a.m. Wednesday August 25, and from 7:00 p.m. Monday August 30 to 9:00 a.m. Tuesday August 31, and from 7:00 p.m. Tuesday August 31 to 9:00 a.m. Wednesday September 1.

Area 8 - Gill nets may fish from 6:00 a.m. until 11:00 p.m. on Tuesday August 24 and from 6:00 a.m. until 11:00 p.m. on Monday August 30.

Area 8A - Gill nets may fish from 6:00 a.m. until 11:00 p.m. on Monday August 23 and from 6:00 a.m. until 11:00 p.m. on Tuesday August 31

Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7, 7A, 7D, 7E, 8D, 9, 9A, 10, 10A, 10C, 10D, 10E, 10F, 10G, 11, 11A, 12, 12B, 12C, 12D, 13, 13A, 13C, 13D, 13E, 13F, 13G, 13H, 13I, 13J, and 13K. all freshwater areas and exclusion zones provided for in WAC 220-47-307 - Closed.

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Reviser's note: The typographical error 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.
NEW SECTION
WAC 220-47-41200A
Drift gill net and skiff gill net--Mesh sizes.

Notwithstanding the provisions of WAC 20-47-412, it is unlawful to fish for or possess salmon taken with gill net gear from the following areas using mesh other than the mesh and depth of net restrictions as listed below:

Areas 7 and 7A - 5-inch minimum and 5 1/2-inch maximum mesh

Areas 7B and 7C - 7-inch minimum mesh

Area 8 - 5-inch minimum mesh, 5 1/2-inch maximum mesh, and 60 mesh maximum depth

Area 8A - 5-inch minimum and 5 1/2-inch maximum mesh

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Reviser's note: The typographical error 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.
NEW SECTION
WAC 220-47-43000A
Puget Sound commercial salmon--Log book required.

It is unlawful for any licensed commercial salmon fisher fishing for salmon in Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A to fail to possess and maintain a department-approved Puget Sound Commercial Salmon Log Book as provided in this section:

(1) The log book must be kept aboard the vessel while it is fishing in SMCRAs 7 and 7A, or while in possession of fish caught in these areas. The fisher must submit the log book for inspection immediately upon request of authorized department representatives.

(2) In each purse seine log book, the fisher must record the vessel name and license number. For each day fished, the fisher must record the date. Immediately following each retrieval of the net, the fisher must record the Puget Sound Commercial Salmon Log Book Location Code, the time of retrieval, and the number of chinook, coho, and chum salmon in the net upon retrieval.

(3) In each gill net log book, the fisher must record the vessel name and license number. For each day fished, the fisher must record the date. Immediately following each retrieval of the net, the vessel operator must record the Puget Sound Commercial Salmon Log Book Location Code where the net is retrieved, the start and end time of the set, and the number of chinook, coho, and chum salmon in the net upon retrieval.

(4) The following are the Puget Sound Commercial Salmon Log Book Location Codes that are required entries in purse seine log books and gill net log books as provided for in this section:

(a) Location Code 1: Those waters of Puget Sound Salmon Management and Catch Reporting Area 7A northerly of a line projected from Birch Point, on the east, to Savage Point, on Tumbo Island in British Columbia, on the west.

(b) Location Code 2: Those waters of Puget Sound Salmon Management and Catch Reporting Area 7A southerly of a line projected from Birch Point, on the east, to Savage Point on Tumbo Island in British Columbia, on the west.

(c) Location Code 3: Those waters of Puget Sound Salmon Management and Catch Reporting Area 7 easterly of a line projected true north from Orcas Island through the easternmost point on Matia Island to the interjection with the 7/7A boundary line and easterly of a line projected from Point Colville on Lopez Island to Smith Island.

(d) Location Code 4: Those waters of Puget Sound Salmon Management and Catch Reporting Area 7 westerly and northerly of a line projected from Point Colville on Lopez Island to Smith Island and thence to the Y B "VD" buoy on Beaumont Shoal (as listed on NOAA Chart 18421 [38th ed., Oct. 31/92]) and southerly of a line projected from Cadboro Point, on Vancouver Island, 60 degrees true to landfall on San Juan Island.

(e) Location Code 5: Those waters of Puget Sound Salmon Management and Catch Reporting Area 7 southerly of a line projected from Smith Island to the Y B "VD" buoy on Beaumont Shoal (as listed on NOAA Chart 18421 [38th ed., Oct. 31/92]).

(f) Location Code 6: Those waters of Puget Sound Salmon Management and Catch Reporting Area 7 northerly of a line projected from Cadboro Point, on Vancouver Island, 60 degrees true to landfall on San Juan Island and westerly of a line projected true north from Orcas Island through the easternmost point on Matia Island to the intersection with the 7/7A boundary line.

(5) In each reef net log book the fisher must record the fisher's name and license number and the location of the fishing site. For each day fished the fisher must record the date and total number of chinook, coho, and chum salmon caught.

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Reviser's note: The brackets and enclosed material in the text of 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 typographical error 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.