WSR 05-17-082

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-178 -- Filed August 12, 2005, 1:48 p.m. , effective August 12, 2005 ]


Purpose: Amend commercial fishing rules.

Statutory Authority for Adoption: RCW 77.12.240.

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: Regulations for the 2005 Puget Sound commercial salmon fishery were discussed at North of Falcon planning meetings in the spring, and subsequently, a package containing permanent regulation changes arising from agreements made by comanagers at those meetings was filed with the Code Reviser's Office under expedited rule procedures. That package of permanent regulations is not yet in effect, and these emergency rules are necessary to initiate fisheries, which are scheduled to commence before those permanent rules will become effective. These fisheries are not expected to exceed chinook by-catch levels modeled during the preseason process.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 12, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-50100I   Puget Sound all-citizen commercial salmon fishery.   Notwithstanding the provisions of Chapter 220-47 WAC, effective immediately until further notice, it is unlawful to take, fish for or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas except in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect:

Areas 7B and 7C:

That portion of Area 7B west of a line from Point Francis (48 41' 42" N, 122 36' 40" W) to the red and green buoy southeast of Point Francis (48 40' 22" N, 122 35' 30" W) then to the northernmost tip of Eliza Island (48 39' 37" N, 122 35' 45" W) then along the eastern shore of the island to a point intersecting a line drawn through Eliza Rock Light (48 38' 35" N, 122 34' 40" W) and Fish Point (48 34' 35" N, 122 29' 45" W) and then southeastward along that line to Fish Point are closed 9/1-9/30.

Purse Seines - (a) Open in Area 7B and 7C to purse seines during the following hours and dates:

6:00 a.m. to 8:00 p.m. August 17, 24 and 31

7:00 a.m. to 7:00 p.m. September 7

(i) It is unlawful to retain sockeye or coho salmon, and any sockeye or coho salmon caught must be released immediately.

(ii) It is unlawful 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 WAC 220-47-325, prior to the seine net being removed from the water.

(iii) The 5-inch strip requirement is not in effect during these openings.

(b) Open in Area 7B to purse seines using the 5-inch strip during the following hours and dates, provided it is unlawful to retain sockeye salmon, and any sockeye salmon caught must be released immediately.

7:00 a.m. to 7:00 p.m. September 12, 13 and 14

7:00 a.m. September 18 to 8 p.m. October 29

Gill Nets - Open to gill nets as follows:

Areas Mesh Size Hours Dates
7B and

7C

7" minimum 7:00 p.m. August 15 to 7:00 a.m. August 16

7:00 p.m. August 21 to 7:00 a.m. August 22

7:00 p.m. August 23 to 7:00 a.m. August 24

7:00 p.m. August 25 to 7:00 a.m. August 26


Gill Nets - Open to gill nets as follows:

Areas Mesh Size Hours Dates
7B and

7C

7" minimum 7:00 p.m. August 15 to 7:00 a.m. August 16

7:00 p.m. August 21 to 7:00 a.m. August 22

7:00 p.m. August 23 to 7:00 a.m. August 24

7:00 p.m. August 25 to 7:00 a.m. August 26

7:00 p.m. August 28 to 7:00 a.m. August 29.

7:00 p.m. August 30 to 7:00 a.m. August 31.

7:00 p.m. September 1 to 7:00 a.m. September 2.

6:00 p.m. September 5 to 8:00 a.m. September 6

6:00 p.m. September 6 to 8:00 a.m. September 7

6:00 p.m. September 8 to 8:00 a.m. September 9

7B 5" minimum 6:00 p.m. September 11 to 8:00 a.m. September 12

6:00 p.m. September 13 to 8:00 a.m. September 14

6:00 p.m. September 15 to 8:00 a.m. September 16.

7B 5" minimum 7:00 p.m. September 18 through 8:00 p.m. October 29

Area 9A: Gill Nets - Open to gill nets using 5-inch minimum mesh as follows:


Hours Dates
7:00 p.m. August 23 to 7:00 a.m. August 24

7:00 p.m. August 25 to 7:00 a.m. August 26

7:00 a.m. August 28 through 8:00 p.m. October 29


It is unlawful to retain chum salmon in Area 9A prior to October 1 and unlawful to retain Chinook salmon at any time. Any salmon not to be retained must be released from the net by cutting the meshes ensnaring the fish.

Area 12A:

Skiff gill net - (a) Open to skiff gill nets using 5-inch minimum and 5 1/2-inch maximum mesh from 7:00 a.m. to 7:00 p.m. on the following dates: 8/22, 8/31, 9/7, 9/14, 9/21, 9/28.

(b) It is unlawful to retain chinook or pink salmon taken in Area 12A at any time. Any salmon required to be released, must be removed from the net by cutting the meshes ensnaring the fish.

All Other Saltwater and Freshwater Areas: Closed.

"Quick Reporting" Fisheries:

All fisheries opened under this section, and any fishery openings under authority of the Fraser Panel for sockeye or pink salmon in Areas 7 and 7A are designated as "Quick Reporting Required" fisheries.

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Washington State Code Reviser's Office