WSR 02-19-038

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-226 -- Filed September 10, 2002, 4:20 p.m. ]

Date of Adoption: September 10, 2002.

Purpose: Amend commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-36-02300C; and amending WAC 220-36-023.

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: This regulation is needed to change days of fishing to improve opportunity to fishers who participate and to minimize gear conflict with anticipated tribal fisheries. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

September 10, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-36-02300D   Grays Harbor salmon -- Fall fishery.   Notwithstanding the provisions of WAC 220-36-023, effective immediately until further notice, it is unlawful to fish for salmon in Grays Harbor for commercial purposes, except as provided in this section:

(1) Open Areas: Those waters of Area 2A which include Grays Harbor and the Chehalis River estuary upstream from the Highway 101 Bridge at Aberdeen to a line projected from the Lakeside Industries asphalt plant tower at a right angle to the thread of the stream to the opposite shore.

Those waters of Area 2D which include Grays Harbor lying north and east of a straight line projected true south from the 28th Street boat launch to Renney Island then southerly and easterly to "Range Marker G" located on the south shore of Grays Harbor. Then to the eastern boundary of Area 2D at the Highway 101 Bridge.

(a) Open Fishing periods:

12:00 noon October 7 through 12:00 noon October 8, 2002

(b) Gear:

Gill net gear -- It is unlawful to fish for food fish in Grays Harbor for commercial purposes with gill net gear or to possess food fish taken from those waters with gill net gear unless:

(i) Drift gill net gear only. It is unlawful to use set net gear.

(ii) 6-inch maximum mesh, no more than 55 meshes deep.

(c) Species allowed for retention:

Coho and chum salmon and legal sized white and green sturgeon. All Chinook must be released according to the guidelines below (see Miscellaneous Regulations).

(d) Miscellaneous Regulations:

(i) Fishers must notify WDFW no later than 10:00 a.m. October 4, 2002 of their intent to participate in either of these openings. Notification may be made by fax (360-664-0689), by telephone (1-866-791-1280), or by email (harborfishtickets@dfw.wa.gov).

(ii) Fishers must be willing to take WDFW observers when participating in these openings.

(iii) Soak time shall not exceed 45 minutes. Soak time, defined as the time elapsed from when the first of the gill net web is deployed into the water until the gill net web is fully retrieved from the water, must not exceed 45 minutes.

(iv) Each boat will be required to have two operable recovery boxes or one box with two chambers, on board. Each box shall be operating during any time that the net is being retrieved or picked. The flow in the recovery box will be a minimum of 16 gallons per minute in each chamber of the box, not to exceed 20 gallons per minute. Each chamber of the recovery box must meet the following dimensions as measured from within the box; the inside length measurement must be at or within 39 1/2 inches to 48 inches, the inside width measurements must be at or within 8 to 10 inches, and the inside height measurement must be at or within 14 to 16 inches.

Each chamber of the recovery box must include a water inlet hole between 3/4 inch and 1 inch in diameter, centered horizontally across the door or wall of chamber and 1 3/4 inches from the floor of the chamber.

Each chamber of the recovery box must include a water outlet hole opposite the inflow that is at least 1 1/2 inches in diameter. The center of the outlet hole must be located a minimum of 12 inches above the floor of the box or chamber. The fisher must demonstrate to WDFW employees, fish and wildlife enforcement officers, or other peace officers, upon request, that the pumping system is delivering the proper volume of fresh river/bay water into each chamber.

(v) All chinook, non-legal sturgeon, and steelhead must be handled with care to minimize injury to fish and released immediately to the river/bay or to an operating recovery box.

(vi) Any fish that is bleeding or lethargic must be placed in the recovery box prior to being released to the river/bay.

(vii) All fish placed in recovery boxes must be released to the river/bay prior to landing or docking.

(viii) Fishers must maintain a written log, and immediately following each retrieval of the net, record the number of coho, chum and sturgeon by species and the number of chinook (even if none) encountered. Fishers must report their total catch for the day by species and the total number of chinook encountered prior to 10:00 am the following day each daily opening by calling WDFW at 1-866-791-1280.

(2) Open Area: Area 2B

(a) Open Fishing Periods:

October 24 from 7:00 a.m. through 6:30: p.m.

October 25 from 7:00 a.m. through 6:30 p.m.

October 29 from 6:30 a.m. through 5:30 p.m.

October 30 from 6:30 a.m. through 5:30 p.m.

(b) Gear Gill net gear -- It is unlawful to fish for food fish in Grays Harbor for commercial purposes with gill net gear or to possess food fish taken from those waters with gill net gear unless:

(i) Drift gill net gear only. It is unlawful to use set net gear.

(ii) 6 1/2-inch maximum mesh.

(c) Species allowed for retention

Salmon and legal sized green and white sturgeon.

(d) Miscellaneous Regulations

Quick Reporting is required for wholesale dealers and fishers selling their catch under a valid retail endorsement, WAC 220-69-240.

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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.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-36-02300C Grays Harbor salmon -- Fall fishery. (02-180)

Washington State Code Reviser's Office