WSR 17-15-063 PROPOSED RULES DEPARTMENT OF FISH AND WILDLIFE [Filed July 13, 2017, 3:54 p.m.]
Supplemental Notice to WSR 17-11-108.
Preproposal statement of inquiry was filed as WSR 17-03-042 on January 7, 2017.
Title of Rule and Other Identifying Information: WAC 220-313-070 Coastal salmon—Saltwater seasons and daily limits.
Hearing Location(s): Region 6 Fish and Wildlife Office, Conference Room, 48 Devonshire Road, Montesano, WA 98563, on August 22, 2017, at 10:30 a.m. – 12 p.m.
Date of Intended Adoption: On or after August 23, 2017.
Submit Written Comments to: Scott Bird, Washington Department of Fish and Wildlife (WDFW), Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, email Rules.Coordinator@dfw.wa.gov, fax (360) 902-2155, by August 22, 2017.
Assistance for Persons with Disabilities: Contact Dolores Noyes by August 22, 2017, TTY (360) 902-2207 or (360) 902-2349.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Recreational ocean and coastal marine salmon fishing rules based on North of Falcon (NOF) recommendation[s] change from year-to-year to reflect resource availability and to achieve conservation goals. Amendments to recreational salmon fishing rules are needed to implement the agreed-upon changes. This proposal reflects an additional change to WAC 220-313-070 from what was proposed in WSR 17-11-108 filed on May 22, 2017. The change requires the release of wild Chinook salmon in Grays Harbor (Catch Record Card Area 2-2) from August 1 through September 15, 2017. This change is to address a harvest imbalance between comanagers.
Reasons Supporting Proposal: To protect fish species listed as endangered while supporting recreational fishing opportunity and to make changes to salmon seasons and harvest amounts pursuant to agreements and recommendations made at NOF meetings.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: A separate CR-102 supplemental will be filed for the NOF coastal freshwater salmon rules and the NOF commercial salmon fishery in Grays Harbor.
Name of Proponent: WDFW, governmental.
Name of Agency Personnel Responsible for Drafting: Barbara McClellan, 48 Devonshire Road, Montesano, WA 98563, (360) 249-1213; Implementation: Ron Warren, 1111 Washington Street, Olympia, WA 98501, (360) 902-2799; and Enforcement: Chris Anderson, Chief, 1111 Washington Street, Olympia, WA 98501, (360) 902-2936.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule amendments do not affect small business; i.e., there is no direct regulation of small business. The rules apply to recreational fishers.
A cost-benefit analysis is not required under RCW 34.05.328. These rule proposals only impact recreational salmon fisheries and do not affect hydraulics.
July 12, 2017
Scott Bird
Rules Coordinator
AMENDATORY SECTION (Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-313-070 Coastal salmon—Saltwater seasons and daily limits.
(1) It is unlawful to take, fish for, or possess salmon taken by angling for personal use except from the following coastal areas, during the following seasons, in the quantities and the sizes provided for in WAC 220-313-010, and for the species designated in this section. An area is open when a daily limit is provided:
(2) Catch Record Card Area 1:
(a) May 1 through June ((30)) 23: Closed.
(b) July ((1)) 24 through ((August 31)) September 4:
(i) Daily limit of 2 salmon; no more than one may be a Chinook.
(ii) Release wild coho.
(c) September ((1)) 5 through April 30: Closed.
(d) Closed in the Columbia River Mouth Control Zone 1 during all open periods. See WAC 220-313-020.
(3) Catch Record Card Area 2:
(a) May 1 through June 30: Closed.
(b) July 1 through ((August 21)) September 4:
(i) Daily limit of ((one salmon)) 2 salmon; no more than one may be a Chinook.
(ii) Release wild coho.
(iii) Beginning August ((8)) 14, the Grays Harbor Control Zone is closed. Grays Harbor Control Zone – The area defined by a line drawn from the Westport Lighthouse (46°53.18'N latitude, 124°07.01'W longitude) to Buoy #2 (46°52.42'N latitude, 124°12.42'W longitude) to Buoy #3 (46°55.00'N latitude, 124°14.48'W longitude) to the Grays Harbor north jetty (46°55.36'N latitude, 124°10.51'W longitude).
(c) ((August 22)) September 5 through April 30 - Closed.
(4) Willapa Bay (Catch Record Card Area 2-1):
(a) May 1 through June 30: Closed.
(b) July 1 through July 31: Open concurrent with Area 2 when Area 2 is open for salmon angling. Area 2 rules apply.
(c) August 1 through January 31:
(i) Daily limit of 6 salmon; no more than ((4)) 3 may be adult salmon.
(ii) Release wild Chinook.
(iii) Anglers in possession of a valid two-pole endorsement may use up to two lines while fishing.
(iv) Waters north of a line from Toke Point channel marker 3 easterly through Willapa Harbor channel marker 13 (green) then, northeasterly to the power transmission pole located at 46°43.19'N, 123°50.83'W are closed August 1 through September 30.
(d) February 1 through April 30: Closed.
(5) Grays Harbor (Catch Record Card Area 2-2 east of the Buoy 13 line):
(a) May 1 through July 31: Closed.
(b) August 1 through September ((24)) 15:
(i) Daily limit of 2 salmon.
(ii) Release wild Chinook and wild coho.
(iii) Waters south of a line running from the south end of the eastern jetty at Ocean Shores Marina to the fishing boundary marker on Sand Island (46°57.52'N, 124°03.36'W) to the Tripod Station on Brackenridge Bluff (46°59.12'N, 124°00.72'W) are closed.
(c) ((September 25 through September 30: Closed.
(d) October 1)) September 16 through November 30:
(i) Daily limit of ((1)) 2 salmon, of which one may be a wild coho.
(ii) Release ((wild)) Chinook.
(iii) Waters west of a line running from the Tripod Station on Brackenridge Bluff (46°59.12'N, 124°00.72'W) through channel marker 27 (green) to the mouth of Johns River (Highway 105 Bridge) are closed.
(((e))) (d) December 1 through April 30: Closed.
(((f))) (e) Notwithstanding the provisions of this subsection, the Westport Boat Basin and Ocean Shores Boat Basin are open only August 16 through January 31:
(i) Daily limit of 6 salmon; no more than 4 may be adult salmon.
(ii) Release Chinook.
(iii) Night closure and anti-snagging rule in effect.
(6) Grays Harbor (Catch Record Card Area 2-2 west of the Buoy 13 line):
(a) May 1 through June 30: Closed.
(b) July 1 through August ((7)) 13: Open concurrent with Area 2 when Area 2 is open for salmon angling. Area 2 rules apply.
(c) August ((8)) 14 through April 30: Closed.
(7) Catch Record Card Area 3:
(a) May 1 through June ((30)) 23: Closed.
(b) ((July 1)) June 24 through ((August 21)) September 4:
(i) Daily limit of 2 salmon.
(ii) Release wild coho.
(((iii) In years ending in odd numbers, two additional pink salmon may be retained as part of the daily limit.))
(c) ((August 22)) September 5 through April 30: Closed.
(8) Catch Record Card Area 4:
(a) May 1 through June ((30)) 23: Closed.
(b) ((July 1)) June 24 through ((August 21)) September 4:
(i) Daily limit of 2 salmon.
(ii) Release wild coho.
(iii) ((In years ending in odd numbers, two additional pink salmon may be retained as part of the daily limit.
(iv))) Waters east of a true north-south line through Sail Rock are closed through July 31.
(((v))) (iv) Waters east of the Bonilla-Tatoosh line closed to Chinook retention beginning August 1.
(((vi))) (v) Release chum salmon beginning August 1.
(c) ((August 22)) September 5 through April 30: Closed.
(9) A violation of this section is an infraction, punishable under RCW 77.15.160, unless the person has harvested salmon. If the person has harvested salmon, the violation is punishable under RCW 77.15.380, Unlawful recreational fishing in the second degree—Penalty, unless the salmon are taken in the amounts or manner to constitute a violation of RCW 77.15.370, Unlawful recreational fishing in the first degree—Penalty.
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