WSR 03-13-145

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 18, 2003, 11:57 a.m. ]

Title of Rule: Commercial fishing rules.

Purpose: Amend Puget Sound commercial salmon net rules.

Other Identifying Information: These rules are the result of the North of Falcon process. Gill net seasons are being filed separately for commission consideration.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Amend salmon purse seine, reef net and gill net seasons.

Reasons Supporting Proposal: Provide commercial fishing opportunity.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2372.

Name of Proponent: Department of Fish and Wildlife, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Each year the North of Falcon proceedings establish ocean salmon seasons, which, in turn establish the Puget Sound escapements and provide guidelines for establishing the Puget Sound commercial salmon seasons. These rules provide fishing opportunity for the gill net, purse seine and reef net fleets in Puget Sound while preventing harvest on threatened and endangered salmon stocks.

Proposal Changes the Following Existing Rules: Amends Puget Sound 2003 commercial salmon seasons.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Evan Jacoby, Department of Fish and Wildlife, 600 Capitol Way, Olympia, WA 98501-1091 , AND RECEIVED BY August 18, 2003.


June 18, 2003

Evan Jacoby

Rules Coordinator

OTS-6468.3


AMENDATORY SECTION(Amending Order 99-202, filed 11/19/99, effective 12/20/99)

WAC 220-47-302   Puget Sound -- Lawful gear -- Gill net.   (1) Lawful drift gill net salmon gear in Puget Sound shall not exceed 1,800 feet in length nor contain meshes of a size less than 5 inches.

(2) Lawful skiff gill net salmon nets in Puget Sound shall not exceed 300 feet in length and 90 meshes in depth nor contain meshes of a size less than 5 inches. Nets must be retrieved by hand (no hydraulics may be used). Nets must be attended by the fisher at all times.

(3) Drift gill nets and skiff gill nets shall be operated substantially in a straight line. Circle setting or setting other than substantially in a straight line shall be unlawful.

(4) It ((shall be)) is unlawful to take or fish for salmon with gill net gear ((beginning in 1998)) in Areas 7 or 7A sockeye or pink fisheries unless said gill net gear is constructed so that the first 20 meshes below the corkline are composed of five-inch mesh white opaque minimum 210d/30 (#12) diameter nylon twine.

(5) It is unlawful to take or fish for salmon with gill net gear in Areas 7 or 7A between the dates of September 30 and October 20 unless the gill net vessel has aboard and uses operable recovery boxes as described in this subsection.

(a) Dimensions and capacities of required recovery boxes:

(i) Recovery boxes must have two chambers, if one box, or it may be two boxes with one chamber in each box.

(ii) Each recovery box chamber must have an inside length measurement of not less than 39 1/2 inches nor more than 48 inches, an inside width measurement of not less than 8 inches nor more than 10 inches, and an inside height measurement of not less than 14 inches nor more than 16 inches.

(iii) Each chamber of the recovery box must have an inlet hole measuring between 3/4 inch and 1 inch in diameter, and the inlet hole must be centered horizontally across the door or wall of the chamber and the bottom of the hole must be located 1 3/4 inches above the floor of the chamber.

(iv) Each chamber of the recovery box must include a water outlet hole on the opposite wall from the inlet hole, and the outlet hole must be at least 1 1/2 inches in diameter with the bottom of the outlet hole located 12 inches above the floor of the chamber.

(v) Flow of water through each chamber of the recovery boxes must be not less than 16 gallons per minute nor more than 20 gallons per minute.

(b) Each box and chamber must be operating during any time that the net is being retrieved or picked.

(c) The vessel operator must demonstrate to department employees, upon request, that the pumping system is delivering the proper volume of fresh seawater into each chamber.

(d) All salmon not to be retained must be released immediately with care and the least possible injury to the fish, or placed into the operating recovery box.

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

(f) All fish placed in the recovery boxes must be released within the same catch area as the area of capture, and the release must occur prior to landing or docking.

[Statutory Authority: RCW 75.08.080. 99-24-011 (99-202), 220-47-302, filed 11/19/99, effective 12/20/99; 97-16-030 (Order 97-124), 220-47-302, filed 7/29/97, effective 8/29/97; 93-14-041 (Order 93-55), 220-47-302, filed 6/29/93, effective 7/30/93; 92-15-105 (Order 92-47), 220-47-302, filed 7/20/92, effective 8/20/92; Order 988, 220-47-302, filed 4/28/72.]


AMENDATORY SECTION(Amending Order 99-202, filed 11/19/99, effective 12/20/99)

WAC 220-47-307   Closed areas -- Puget Sound salmon.   It is unlawful at any time, unless otherwise provided, to take, fish for, or possess salmon taken for commercial purposes with any type of gear from the following portions of Puget Sound Salmon Management and Catch Reporting Areas, except that closures listed in this section shall not apply to reef net fishing areas listed in RCW ((75.12.140)) 77.50.050:

Areas 4B, 5, 6, 6B, and 6C - The Strait of Juan de Fuca Preserve as defined in WAC 220-47-266.

Area 6D - That portion within 1/4 mile of each mouth of the Dungeness River.

Area 7 - (1) The San Juan Island Preserve as defined in WAC 220-47-262.

(2) Those waters within 1,500 feet of shore on Orcas Island from Deer Point northeasterly to Lawrence Point thence west to a point intercepting a line projected from the northernmost point of Jones Island thence 90 true to Orcas Island.

(3) Those waters within 1,500 feet of the shore of Cypress Island from Cypress Head to the northernmost point of Cypress Island.

(4) Those waters easterly of a line projected from Iceberg Point to Iceberg Island, to the easternmost point of Charles Island, then true north from the northernmost point of Charles Island to the shore of Lopez Island.

(5) Those waters northerly of a line projected from the southernmost point of land at Aleck Bay to the westernmost point of Colville Island, thence from the easternmost point of Colville Island to Point Colville.

(6) Those waters easterly of a line projected from Biz Point on Fidalgo Island to the Williamson Rocks Light, thence to the Dennis Shoal Light, thence to the light on the westernmost point of Burrows Island, thence to the southwesternmost point of Fidalgo Head, and including those waters within 1,500 feet of the western shore of Allan Island, those waters within 1,500 feet of the western shore of Burrows Island, and those waters within 1,500 feet of the shore of Fidalgo Island from the southwesternmost point of Fidalgo Head northerly to Shannon Point.

(7) Additional Fraser sockeye and pink seasonal closure:

Those waters within 1,500 feet of the shore of Fidalgo Island from the Initiative 77 marker northerly to Biz Point.

(8) Those waters within 1,500 feet of the eastern shore of Lopez Island from Point Colville northerly to Lopez Pass, and those waters within 1,500 feet of the eastern shore of Decatur Island from the southernmost point of land northerly to Fauntleroy Point, and including those waters within 1,500 feet of the shore of James Island.

Area 7A - The Drayton Harbor Preserve as defined in WAC 220-47-252.

Area 7B - That portion south and east of a line from William Point on Samish Island to Saddlebag Island to the southeastern tip of Guemes Island, and that portion northerly of the railroad trestle in Chuckanut Bay.

Area 7C - That portion southeasterly of a line projected from the mouth of Oyster Creek 237 true to a fishing boundary marker on Samish Island.

Area 8 - (1) That portion of Skagit Bay easterly of a line projected from Brown Point on Camano Island to a white monument on the easterly point of Ika Island, thence across the Skagit River to the terminus of the jetty with McGlinn Island.

(2) Those waters within 1,500 feet of the western shore of Camano Island south of a line projected true west from Rocky Point.

Area 8A - (1) Those waters easterly of a line projected from Mission Point to Buoy C1, excluding the waters of Area 8D, thence through the green light at the entrance jetty of the Snohomish River and across the mouth of the Snohomish River to landfall on the eastern shore, and those waters northerly of a line from Camano Head to the northern boundary of Area 8D.

(2) Additional pink seasonal closure: Those waters southerly of a line projected from the Clinton ferry dock to the Mukilteo ferry dock.

Area 8D - Those waters easterly of a line projected from Mission Point to Hermosa Point.

Area 9 - Those waters lying inside and westerly of a line projected from the Point No Point light to Sierra Echo buoy thence to Forbes Landing wharf, east of Hansville.

Area 10 - (1) Those waters easterly of a line projected from Meadow Point to West Point.

(2) Those waters of Port Madison northwest of a line from the Agate Pass entrance light to the light on the end of the Indianola dock.

(3) Additional coho seasonal closure: Those waters of Elliott Bay east of a line from Alki Point to the light at Fourmile Rock and those waters northerly of a line projected from Point Wells to "SF" Buoy then west to President's Point.

Area 10E - Those waters of Liberty Bay north of a line projected due east from the southernmost Keyport dock, those waters of Dyes Inlet north of the Manette Bridge, and those waters of Sinclair Inlet southwest of a line projected true east from the Bremerton ferry terminal.

Area 11 - (1) Those waters northerly of a line projected true west from the light at the mouth of Gig Harbor and those waters south of a line from Browns Point to the northernmost point of land on Point Defiance.

(2) Additional coho seasonal closure: Those waters south of a line projected from the light at the mouth of Gig Harbor to the Tahlequah ferry dock then south to the Point Defiance ferry dock, and those waters south of a line projected from the Point Defiance ferry dock to Dash Point.

Area 12 - Those waters inside and easterly of a line projected from Lone Rock to the navigation light off Big Beef Creek, thence southerly to the tip of the outermost northern headland of Little Beef Creek.

Area 12A - Those waters north of a line projected due east from Broad Spit.

Area 12B - Those waters within 1/4 mile of the mouths of the Dosewallips, Duckabush, and Hamma Hamma rivers and Anderson Creek.

Areas 12, 12A, and 12B - Additional chinook seasonal closure: Those waters north and east of a line projected from Tekiu Point to Triton Head.

Areas 12, 12B and 12C - Those waters within 1,000 feet of the eastern shore.

Area 12C - (1) Those waters within 2,000 feet of the western shore between the dock at Glen Ayr R.V. Park and the Hoodsport marina dock.

(2) Those waters south of a line projected from the Cushman Powerhouse to the public boat ramp at Union.

(3) Those waters within 1/4 mile of the mouth of the Dewatto River.

Areas 12 and 12D - Additional coho and chum seasonal closure: Those waters of Area 12 south and west of a line projected 94 degrees true from Hazel Point to the light on the opposite shore, bounded on the west by the Area 12/12B boundary line, and those waters of Area 12D.

Area 13A - Those waters of Burley Lagoon north of State Route 302, those waters within 1,000 feet of the outer oyster stakes off Minter Creek Bay including all waters of Minter Creek Bay, those waters westerly of a line drawn due north from Thompson Spit at the mouth of Glen Cove, and those waters within 1/4 mile of Green Point.

[Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-47-307, filed 11/19/99, effective 12/20/99. Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), 220-47-307, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 97-16-030 (Order 97-124), 220-47-307, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), 220-47-307, filed 7/22/96, effective 8/22/96; 95-13-056 (Order 95-75), 220-47-307, filed 6/16/95, effective 7/17/95; 94-15-001 (Order 94-62), 220-47-307, filed 7/6/94, effective 8/6/94; 92-15-105 (Order 92-47), 220-47-307, filed 7/20/92, effective 8/20/92; 91-18-024 (Order 91-72), 220-47-307, filed 8/27/91, effective 9/27/91; 90-13-025 (Order 90-49), 220-47-307, filed 6/11/90, effective 7/12/90; 88-14-133 (Order 88-48), 220-47-307, filed 7/6/88; 85-13-032 (Order 85-60), 220-47-307, filed 6/12/85; 84-13-078 (Order 84-53), 220-47-307, filed 6/21/84; 83-14-020 (Order 83-57), 220-47-307, filed 6/28/83; 82-15-040 (Order 82-83), 220-47-307, filed 7/15/82; 81-18-017 (Order 81-101), 220-47-307, filed 8/25/81; 80-10-058 (Order 80-83), 220-47-307, filed 8/6/80.]


AMENDATORY SECTION(Amending Order 02-167, filed 7/25/02, effective 8/25/02)

WAC 220-47-311   Purse seine -- Open periods.   It is unlawful to take, fish for or possess salmon taken with purse seine gear for commercial purposes from Puget Sound except in the following designated Puget Sound Salmon Management and Catch Reporting Areas during the periods provided for hereinafter in each respective Management and Catch Reporting Area:


AREA TIME DATE
7, 7A: 7AM - 7PM ((10/14)) 10/16
7AM - 6PM ((10/22)) 10/23
6AM - 5PM ((10/28)) 10/29
7AM - 5PM 11/6
7B, 7C 6AM - 9PM 8/20
7B: 6AM ((9/10)) 9/8 - 8PM ((9/12)) 9/10
6AM ((9/17)) 9/15 - 8PM ((9/19)) 9/17
7AM ((9/22)) 9/21 - ((8PM 10/26)) 7PM 10/25
((7AM 10/28)) 6AM 10/27 - 4PM ((11/1)) 10/31
((7AM 11/4)) 6AM 11/3 - 4PM ((11/8)) 11/7
7AM ((11/12)) 11/10 - 4PM ((11/15)) 11/14
7AM ((11/18)) 11/17 - 4PM ((11/22)) 11/21
7AM ((11/25)) 11/24 - 4PM ((11/29)) 11/28
8AM ((12/2)) 12/1 - 4PM ((12/6)) 12/5
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 purse seines beginning 12:01 a.m. on the last Monday in October and is open until 4:00 p.m. on the first Friday in December.
8: 6AM - ((5PM)) 8PM ((10/31, 11/1)) 8/28
6AM - 8PM 9/3
7AM - 5PM 11/6((, 11/7, 11/8, 11/13, 11/14, 11/15))
8A: ((7AM - 6PM)) 6AM - 9PM ((10/21, 10/22)) 8/18, 8/20
6AM - 8PM 8/26, 8/28
7AM - 7PM 10/6, 10/13, 10/20
6AM - 5PM ((10/30, 10/31)) 10/27, 10/29
7AM - 5PM ((11/4,)) 11/5, 11/10, 11/12, 11/19, 11/24, 11/26
((7AM - 5PM 11/13, 11/14
7AM - 5PM 11/18, 11/19
7AM - 5PM 11/25, 11/26, 11/27))
8D: 7AM - 7PM 9/25, 10/2, 10/6, 10/13, 10/20
6AM - 5PM ((10/30, 10/31)) 10/27, 10/29
7AM - 5PM ((11/4, 11/5)) 11/3, 11/10, 11/12, 11/19, 11/24, 11/26
((7AM - 5PM 11/12, 11/13, 11/14, 11/15
7AM - 5PM 11/18, 11/19, 11/20, 11/21, 11/22
7AM - 5PM 11/25, 11/26, 11/27, 11/29))
10, 11: 7AM - 7PM ((10/15)) 10/13, 10/20
((7AM - 6PM 10/21))
6AM - 5PM ((10/28, 10/29)) 10/27
7AM - 5PM ((11/4)) 11/5, 11/10
((7AM - 5PM 11/13))
12, 12B: 7AM - ((6PM)) 7PM ((10/21)) 10/20
6AM - 5PM 10/27, 10/29
7AM - 5PM ((11/4)) 11/5, 11/10
((7AM - 5PM 11/13, 11/14
7AM - 5PM 11/18, 11/19))
12C: 7AM - 5PM ((11/13, 11/18)) 11/10, 11/17, 11/24

It is unlawful to retain ((chinook)) the following salmon species taken with purse seine gear ((in Areas 7, 7A, 8, 8A, 8D, 10, 11, 12, 12B and 12C. It is unlawful to retain chum salmon taken with purse seine gear in Areas 7 and 7A prior to October 1)) within the following areas during the following periods:

Chinook salmon - at all times in Areas 7, 7A, 8, 8A, 8D, 10, 11, 12, 12B, and 12C

Coho salmon - at all times in Areas 7, 7A, 10, and 11, and prior to September 8 in Area 7B

Sockeye salmon - prior to September 8 in Area 7B

Chum salmon - prior to October 1 in Areas 7 and 7A. All other saltwater and freshwater areas - closed.

[Statutory Authority: RCW 77.12.047. 02-16-004 (Order 02-167), 220-47-311, filed 7/25/02, effective 8/25/02; 01-13-056 (Order 01-106), 220-47-311, filed 6/15/01, effective 7/16/01; 00-18-023 (Order 00-172), 220-47-311, filed 8/28/00, effective 9/28/00. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-47-311, filed 11/19/99, effective 12/20/99. Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), 220-47-311, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 97-16-030 (Order 97-124), 220-47-311, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), 220-47-311, filed 7/22/96, effective 8/22/96; 95-13-056 (Order 95-75), 220-47-311, filed 6/16/95, effective 7/17/95; 94-15-001 (Order 94-62), 220-47-311, filed 7/6/94, effective 8/6/94; 93-14-041 (Order 93-55), 220-47-311, filed 6/29/93, effective 7/30/93; 92-15-105 (Order 92-47), 220-47-311, filed 7/20/92, effective 8/20/92; 91-18-024 (Order 91-72), 220-47-311, filed 8/27/91, effective 9/27/91; 90-13-025 (Order 90-49), 220-47-311, filed 6/11/90, effective 7/12/90; 89-13-004 (Order 89-44), 220-47-311, filed 6/8/89; 88-14-133 (Order 88-48), 220-47-311, filed 7/6/88; 87-15-059 (Order 87-72), 220-47-311, filed 7/14/87; 86-13-038 (Order 86-46), 220-47-311, filed 6/12/86; 85-13-032 (Order 85-60), 220-47-311, filed 6/12/85; 84-13-078 (Order 84-53), 220-47-311, filed 6/21/84; 83-14-020 (Order 83-57), 220-47-311, filed 6/28/83; 82-15-040 (Order 82-83), 220-47-311, filed 7/15/82; 81-18-017 (Order 81-101), 220-47-311, filed 8/25/81; 80-10-058 (Order 80-83), 220-47-311, filed 8/6/80; 78-05-018 (Order 78-16), 220-47-311, filed 4/13/78; Order 77-66, 220-47-311, filed 8/5/77; Order 77-14, 220-47-311, filed 4/15/77; Order 76-41, 220-47-311, filed 6/4/76; Order 1251, 220-47-311, filed 8/18/75; Order 1210, 220-47-311, filed 5/26/75; Order 1143, 220-47-311, filed 8/8/74; Order 1125, 220-47-311, filed 6/6/74; Order 1066, 220-47-311, filed 7/19/73; Order 1057, 220-47-311, filed 5/22/73; Order 988, 220-47-311, filed 4/28/72.]


AMENDATORY SECTION(Amending Order 99-202, filed 11/19/99, effective 12/20/99)

WAC 220-47-325   Purse seine -- Release of incidentally caught fish.   (1) It is unlawful for any purse seine vessel operator landing salmon to land salmon directly into the hold. All salmon must be landed to the deck, or sorting tray or table, of the harvesting vessel with the hold hatch cover(s) closed until release of salmon that may not be retained is complete and additionally:

(2) ((During Fraser sockeye and pink salmon species seasons)) In Areas 7 and 7A and prior to September 8 in Areas 7B and 7C, 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 dip net meeting the specifications in this section prior to the seine net being removed from the water.

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

(a) 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 57 mm (2.25 inches) measured along two contiguous sides of a single mesh.

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

[Statutory Authority: RCW 75.08.080. 99-24-011 (99-202), 220-47-325, filed 11/19/99, effective 12/20/99; 97-16-030 (Order 97-124), 220-47-325, filed 7/29/97, effective 8/29/97.]


AMENDATORY SECTION(Amending Order 02-167, filed 7/25/02, effective 8/25/02)

WAC 220-47-401   Reef net open periods.   (1) It is unlawful to take, fish for or possess salmon taken with reef net gear for commercial purposes in Puget Sound except in the following designated Puget Sound Salmon Management and Catch Reporting Areas, during the periods provided for hereinafter in each respective area:


AREA TIME - DATE(S)
7, 7A 7AM - 7PM Daily ((9/22 - 11/16)) 9/16 - 11/15

(2) It is unlawful to take, fish for, or possess salmon taken with reef net gear during the period September 16 through September 30 unless the reef net license holder provides the department with 24-hour notice prior to each day of fishing and assists the department with collection of DNA tissue samples from chum salmon. The daily fishing notice to the department must include the reef net license holder's name and a telephone number where they can be contacted, and the notice must be given by one of the following three means:

(a) Fax transmission to 360-902-2949;

(b) E-mail to psfishtickets@dfw.wa.gov; or

(c) Toll-free telephone call to 1-866-791-1279.

(3) It is unlawful to retain chinook salmon taken with reef net gear((.)) at all times, and it is unlawful to retain ((chum)) wild coho salmon taken with reef net gear prior to October 1 ((or wild coho prior to October 6)). All other saltwater and freshwater areas - closed.

[Statutory Authority: RCW 77.12.047. 02-16-004 (Order 02-167), 220-47-401, filed 7/25/02, effective 8/25/02; 01-13-056 (Order 01-106), 220-47-401, filed 6/15/01, effective 7/16/01; 00-18-023 (Order 00-172), 220-47-401, filed 8/28/00, effective 9/28/00. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-47-401, filed 11/19/99, effective 12/20/99. Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), 220-47-401, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 97-16-030 (Order 97-124), 220-47-401, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), 220-47-401, filed 7/22/96, effective 8/22/96; 95-13-056 (Order 95-75), 220-47-401, filed 6/16/95, effective 7/17/95; 94-15-001 (Order 94-62), 220-47-401, filed 7/6/94, effective 8/6/94; 93-14-041 (Order 93-55), 220-47-401, filed 6/29/93, effective 7/30/93; 92-15-105 (Order 92-47), 220-47-401, filed 7/20/92, effective 8/20/92; 91-18-024 (Order 91-72), 220-47-401, filed 8/27/91, effective 9/27/91; 90-13-025 (Order 90-49), 220-47-401, filed 6/11/90, effective 7/12/90; 89-13-004 (Order 89-44), 220-47-401, filed 6/8/89; 88-14-133 (Order 88-48), 220-47-401, filed 7/6/88; 87-15-059 (Order 87-72), 220-47-401, filed 7/14/87; 86-13-038 (Order 86-46), 220-47-401, filed 6/12/86; 81-18-017 (Order 81-101), 220-47-401, filed 8/25/81; 80-10-058 (Order 80-83), 220-47-401, filed 8/6/80; 78-05-018 (Order 78-16), 220-47-401, filed 4/13/78; Order 77-66, 220-47-401, filed 8/5/77; Order 77-14, 220-47-401, filed 4/15/77; Order 76-41, 220-47-401, filed 6/4/76; Order 1210, 220-47-401, filed 5/26/75; Order 1143, 220-47-401, filed 8/8/74; Order 1125, 220-47-401, filed 6/6/74; Order 1066, 220-47-401, filed 7/19/73; Order 1057, 220-47-401, filed 5/22/73; Order 988, 220-47-401, filed 4/28/72.]


AMENDATORY SECTION(Amending Order 00-172, filed 8/28/00, effective 9/28/00)

WAC 220-47-427   Puget Sound -- Beach seine -- Emerging commercial fishery -- Eligibility -- Lawful gear.   (1) The Puget Sound beach seine salmon fishery is designated as an emerging commercial fishery for which a vessel is required. An emerging commercial fishery license and an experimental fishery permit are required to participate in this fishery.

(2) The department will issue five ((Quilcene Bay)) salmon beach seine experimental fishery permits (((Quilcene permits))).

(3) The following is the selection process the department will use to offer a ((Quilcene)) salmon beach seine experimental permit.

(a) Persons who held a ((Quilcene Bay)) salmon beach seine experimental fishery permit in the previous management year will be eligible for a permit in the current management year.

(b) The department established a pool of applicants by drawing on ((September 9, 1996)) August 13, 2002. The pool established by this drawing will be maintained to replace any permit(s) which may be voided.

(4) Permit holders are required to participate in the ((Quilcene Bay)) salmon beach seine experimental fishery.

(a) For purposes of this section, "participation" means the holder of the ((Quilcene)) salmon beach seine experimental permit being aboard the designated vessel in the open fishery area two days each week during the open fishing period.

(b) If the ((Quilcene)) salmon beach seine experimental permit holder fails to participate, the ((Quilcene)) salmon beach seine experimental permit issued to that fisher will be void and a new ((Quilcene)) salmon beach seine experimental permit will be issued through a random drawing from the applicant pool established in ((1996)) 2002.

(c) The department may require proof of participation by maintaining a department approved log book or registering with state((, federal or tribal)) officials each day the ((Quilcene)) salmon beach seine experimental permit holder participates.

(d) Persons who participate, but violate conditions of a ((Quilcene)) salmon beach seine experimental permit, will have the permit voided and a new ((Quilcene)) salmon beach seine experimental permit will be reissued through a random drawing from the pool of the voided permit holder.

(5) In Quilcene Bay, chum salmon may not be retained by a ((Quilcene)) salmon beach seine experimental permit holder. Chum salmon in Quilcene Bay must be released alive, or, at the direction of federal or state officials, submitted for broodstock purposes.

(6) Any person who fails to purchase the license, fails to participate, or violates the conditions of a ((Quilcene)) salmon beach seine experimental permit will have his or her name permanently withdrawn from the pools.

(7) It is unlawful to take salmon with beach seine gear that does not meet the requirements of this subsection.

(a) Beach seine salmon nets in Puget Sound shall not exceed 600 feet in length or 100 meshes in depth, or contain meshes of a size less than 3 inches or greater than 4 inches.

(b) Mesh webbing must be constructed with a twine size no smaller than 210/30d nylon, 12 thread cotton, or the equivalent diameter in any other material.

[Statutory Authority: RCW 77.12.047. 00-18-023 (Order 00-172), 220-47-427, filed 8/28/00, effective 9/28/00. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-47-427, filed 11/19/99, effective 12/20/99. Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), 220-47-427, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 97-16-030 (Order 97-124), 220-47-427, filed 7/29/97, effective 8/29/97; 96-19-049 (Order 96-152), 220-47-427, filed 9/12/96, effective 10/13/96.]


AMENDATORY SECTION(Amending Order 02-167, filed 7/25/02, effective 8/25/02)

WAC 220-47-428   Beach seine -- Open periods.   It is unlawful to take, fish for, or possess salmon taken with beach seine gear for commercial purposes from Puget Sound except in the following designated Puget Sound Salmon Management and Catch Reporting Areas during the periods provided hereinafter in each respective Management and Catch Reporting Area:


AREA TIME - DATE(S)
7B 7AM - 7PM Daily 10/13, 10/14, 10/15, 10/16, 10/17, 10/20, 10/21, 10/22, 10/23, 10/24, 10/27, 10/28, 10/29, 10/30, 10/31, 11/3, 11/4, 11/5, 11/6, 11/7, 11/10, 11/11, 11/12, 11/13, 11/14
12A 7AM - 7PM Daily 8/25, 8/26, 8/27, 8/28, 8/29, ((8/30)) 9/1, 9/2, 9/3, 9/4, 9/5, ((9/6)) 9/8, 9/9, 9/10, 9/11, 9/12, ((9/13)) 9/15, 9/16, 9/17, 9/18, 9/19, ((9/20)) 9/22, 9/23, 9/24, 9/25, 9/26, ((9/27)) 9/29, 9/30, 10/1, 10/2, 10/3((, 10/4))
Note: By condition of the salmon experimental beach seine permit, only the following waters of Area 7B and Area 12A are open to beach seine fishing for salmon during the open dates designated in WAC 220-47-428:
Area 7B - Those waters of Area 7B lying northerly and easterly of a line extending from Governors Point to the Red #2 bell buoy to the point where the pipeline from Tilbury Cement Pier contacts the shore.
Area 12A - Those waters of Area 12A lying northerly of a line extending from Whitney Point to the flashing light off Fishermans Point then to Fishermans Point on the Bolton Peninsula, excluding waters within 1000 feet of the western shoreline, as the shoreline is defined by the mean higher high stage of the tide, between Whitney Point and mouth of the Little Quilcene River.

It is unlawful to retain chinook ((or chum)) taken with beach seine gear in all areas, and unlawful to retain chum from Area 12A.

[Statutory Authority: RCW 77.12.047. 02-16-004 (Order 02-167), 220-47-428, filed 7/25/02, effective 8/25/02; 01-13-056 (Order 01-106), 220-47-428, filed 6/15/01, effective 7/16/01; 00-18-023 (Order 00-172), 220-47-428, filed 8/28/00, effective 9/28/00. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-47-428, filed 11/19/99, effective 12/20/99. Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), 220-47-428, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 97-16-030 (Order 97-124), 220-47-428, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), 220-47-428, filed 7/22/96, effective 8/22/96.]


AMENDATORY SECTION(Amending Order 02-167, filed 7/25/02, effective 8/25/02)

WAC 220-47-430   Puget Sound commercial salmon -- Log book required.   It is unlawful for any licensed commercial salmon fisher fishing for salmon in Puget Sound SMCRAs 7 and 7A during the Fraser Panel-controlled sockeye and pink salmon seasons promulgated by ((the National Marine Fisheries Service)) National Oceanic and Atmospheric Administration Fisheries, or SMCRA 9A during the coho fishery set out in WAC 220-47-411, to fail to possess and maintain a department-approved Puget Sound Commercial Salmon Log Book as provided for in this section:

(1) The log book must be kept aboard the vessel while it is fishing in SMCRAs 7, 7A and 9A, or while in possession of fish caught in these areas. The fisher must submit the completed log book for inspection immediately upon request by authorized department representatives.

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

(3) In each gill net log book the fisher shall record the vessel name and license number. For each day fished, the fisher shall record the date. Immediately following each retrieval of the net the vessel operator shall record the Puget Sound Commercial Salmon Log Book Location Code where the net is retrieved, the start and end time of the set when fishing in SMCRA 7 and 7A the number of chinook, coho and chum salmon in the net upon retrieval must be recorded for each retrieval of the net. When fishing in SMCRA 9A the number of chinook and chum in the net upon retrieval must be recorded for each retrieval of the net.

(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 Commercial Salmon Management and Catch Reporting Area 7A northerly of a line projected from Birch Point to Savage Point on Tumbo Island.

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

(c) Location Code 3: Those waters of Puget Sound Commercial 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 intersection 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 Commercial 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 the point of land on San Juan Island.

(e) Location Code 5: Those waters of Puget Sound Commercial 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 Commercial Salmon Management and Catch Reporting Area 7 northerly of a line projected from Cadboro Point on Vancouver Island 60 degrees true to the point of land 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) Location Code 7: Those waters of Puget Sound Commercial Salmon Management and Catch Reporting Area 9A southerly of a line projected true west from the shoreward end of the Port Gamble tribal dock on Point Julia to the mainland in the community of Port Gamble and those on-reservation waters of Hood Canal north of Port Gamble Bay to the marker at the north end of the Port Gamble Indian reservation.

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

(7) All log books used in SMCRA 7 and 7A must be sent to the department no later than October 10 of each year. All log books used in SMCRA 9A must be sent to the department no later than November 22 of each year.

[Statutory Authority: RCW 77.12.047. 02-16-004 (Order 02-167), 220-47-430, filed 7/25/02, effective 8/25/02. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-47-430, filed 11/19/99, effective 12/20/99.]

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