WSR 99-19-168

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed September 22, 1999, 11:04 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-13-008.

Title of Rule: Commercial fishing rules.

Purpose: Set 1999 Puget Sound salmon net season.

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: Puget Sound net season.

Reasons Supporting Proposal: These rules provide for the 1999 salmon harvest based on preseason forecasts and management decisions from the North of Falcon process.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2325; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2927.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This filing is the result of an objection to expedited rule adoption.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The department negotiated the 1999 Puget Sound salmon season as part of the Pacific Marine Fisheries Commission North of Falcon process in early 1999. These rules are intended to provide for this fishery, allowing harvest of available surplus stocks, while preventing take on stocks that are threatened or endangered. Retention of salmon for personal use is conformed to the sport limit for the area fished. Net marking rules are relaxed. Purse seine brailing and log book requirements are instituted to provide protection for chinook.

Proposal Changes the Following Existing Rules: Seasons, areas, net marking requirements, chinook release and recording requirements.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement
For:

1) Retention of Salmon for Personal Use, WAC 220-20-016(1).

2) Marking Gillnet Gear, WAC 220-47-302(4).

3) Gillnet Mesh Size Restrictions, WAC 220-47-304(2).

4) Closed Areas--Puget Sound Salmon, WAC 220-47-307 Area 6D, Area 7 (6,7,8), Area 8A(2).

5) Puget Sound Commercial Salmon Seasons, WAC 220-47-311, 220-47-401, 220-47-411, 220-47-428.

6) Purse Seine Brailing in Areas 7 and 7A, WAC 220-47-325(2).

7) Gillnet Daily Hours, WAC 220-47-410.

8) Beach Seine--Emerging Commercial Fishery, WAC 220-47-427.

9) Puget Sound Commercial Log Book, WAC 220-47-430.

Description of Proposed Rules:

1) Sets a maximum allowable take home limit of salmon to the equivalent of one sport bag limit for the license holder and each crew.

2) Repeals an existing rule requiring gillnet corklines to be marked with a cork of contrasting color at 50 foot intervals.

3) Changes the maximum gillnet mesh size during sockeye fisheries from six (6) inches to five and one-half (5 1/2) inches.

4) Changes the closure at the mouth of the Dungeness River from 1,000 feet to 1/4 mile, opens the closed area in Area 7 known as the "Bluff's" during chum directed fisheries, closes Area 8A (Port Gardner/Possession Sound) south of a line from the Mukilteo ferry landing to the Clinton ferry landing during pink directed fisheries.

5) Establishes commercial salmon fisheries for the 1998 season in Puget Sound.

6) Requires purse seiners operating in Areas 7 and 7A during sockeye and pink fisheries to use a brailer or a dip net to land fish to the deck.

7) A "house keeping" measure that simply rewords an existing rule limiting the use of gillnets in Areas 7 and 7A to certain hours. No changes to the actual hours allowed.

8) Lowers the Quilcene Bay emerging commercial fishery mandatory participation requirement from four days per week to two days per week.

9) Requires the possession and use of a log book when fishing in Area 7 or 7A sockeye or pink fisheries.

Purpose for the Proposed Rules:

1) Brings salmon taken for personal use aboard commercial vessels under the same limit rules set for recreational fishers.

2) Repeals a rule no longer necessary for the management of orderly fisheries.

3) Limits the incidental catch of chinook salmon while still allowing access to sockeye salmon.

4) The additional area closure in Dungeness Bay matches existing tribal closure area, simplifying enforcement. The original intention of closing the "Bluffs" was to protect endangered chinook salmon. Opening the Bluffs during chum season is safe, as the chinook have already migrated through the area. Closing the southern portion of Possession Sound limits potential conflicts between sport and commercial fishing gears; rule was developed by mutual agreement of the users at Pacific Fishery Management Council/North of Falcon (PFMC/NoF) public meetings.

5) Establishes commercial salmon fisheries for the 1999 season in Puget Sound according to agreements reached during the (PFMC/NoF) public process.

6) Limits the number of salmon landed on deck to facilitate the immediate sorting and release of nontarget species. This rule is designed to increase the survival of salmon that may not be retained during Area 7 and 7A sockeye and pink fisheries.

7) No change to the rule itself. Cleans up the grammar used in describing the rule.

8) Gives Quilcene Bay Salmon Beach Seine Permit holders the option of fishing fewer days per week.

9) Provides accounting of nontarget salmon species (chinook, coho, chum) intercepted during commercial sockeye and pink fisheries in Areas 7 and 7A.

Effect of the Proposed Rules on Small Business:

1) None.

2) Saves time and money when rehanging nets.

3) Reduces the number of nontarget chinook salmon caught.

4) Area 6D, reduces the fishing area around the mouth of the river by about 500 feet; Area 7, increases area allowed to be fished during chum season; Area 8A, reduces the fishing area and potentially reduces pink salmon catch.

5) Provides opportunity for salmon fisheries targeting harvestable numbers of salmon while reducing impacts on stocks of concern.

6) Requires time and money to buy and install net; increases time to complete set, thus reducing the number of sets over time.

7) None.

8) Provides beach seine fishers with the option to fish fewer days and yet maintain their license.

9) Minimal cost to obtain and return log book; time required to sort, count and record data in log book on nontarget salmon species.

INDUSTRY PROFILE:

1. Industry (SIC code) Affected by These Proposed Rules: 0912, Finfish Fisheries.

2. Number of Businesses in That Industry: Only 123 businesses filed tax returns with the Washington State Department of Revenue from this SIC code in 1997, the most recent year for which data are available. SIC 0912 includes all Washington state fishing areas, finfish species and commercial gears (3,250 licenses in 1997). SIC 0912 underestimates actual numbers of commercial fishermen due to several factors; in order to be assigned a SIC code a business would have to net more than $24,000 per year from that activity and that activity would have to make up greater than 20% of the businesses income.1

A more accurate count of businesses participating in Puget Sound commercial salmon fishing can be found in WDFW licensing records and in the catch and landing data. The following table shows the number of licenses and the number of active fishers:

GEAR YEAR LICENSES a ACTIVE

PUGET SOUND b

ACTIVE

AREA 7/7A ONLY c

GILLNET 1997 873 473 403
1998 771 288 201
PURSE SEINE 1997 291 204 151
1998 268 149 72
REEF NET 1997 48 36 36
1998 44 25 25

a Number of licenses issued by WDFW (Puget Sound salmon only).

b Number of individual vessels with landings in any Puget Sound salmon fisheries (including 7/7A).

c Number of individual vessels landing salmon in Area 7/7A salmon fisheries only.


3. Number of Employees in That Industry: Unknown.

4. Number of Small Businesses in That Industry: 1,083. Virtually all of the individual fishers could be considered small businesses (see table in #2 above). For most commercial fishers this is not their sole source of income. The number of fishers for whom Puget Sound commercial salmon fishing is a major component of their income is unknown.

5. Number of Businesses in That Industry That Are Affected by These Proposed Rules: Items 1, 4 and 5 would directly affect 462 active fishers, but could potentially affect all 1,083 license holders (see table in #2 above).

Item 2 would directly affect about 288 active Puget Sound salmon gillnet fishers, but could potentially affect all 771 gillnetters (see table in #2 above).

Items 3 and 7 would directly affect about 201 active Area 7/7A salmon gillnet fishers, but could potentially affect all 771 gillnetters (see table in #2 above).

Item 6 would directly affect about 72 active Area 7/7A salmon purse seine fishers, but could potentially affect all 268 purse seiners (see table in #2 above).

Item 8 would affect up to five (5) beach seine license holders (currently only 3 license holders).

Item 9 would affect about 298 active Area 7/7A commercial salmon fishers, but could potentially affect all 1,083 license holders (see table in #2 above).

ECONOMIC IMPACTS:

1. Description of Reporting, Recordkeeping and Other Compliance Measures Required by Proposed Rule: WAC 220-47-430 requires that commercial purse seine, gillnet and reef net fishers maintain a log book of incidental catch and to return the completed log book to the Department of Fish and Wildlife.

2. Professional Services Required by rule: None.

3. Costs of Compliance, Including Costs of Equipment, Supplies, Labor and Increased Administrative Costs: WAC 220-47-325(2) requires that purse seiners use of a brailer or dip net constructed of soft knotless web. Most, if not all seiners already have brailers and/or dip nets. The cost to replace the old netting with the new soft knotless web is about $552 for materials and would take about 2 1/2 hours to install.

WAC 220-47-304(2) changes the maximum allowable mesh size for a sockeye gillnet from six (6) inch to five and one-half (5 1/2) inches. Most if not all gillnetters currently fish sockeye with nets that would comply with this rule. If a gillnet fisher was using a larger net and had to change gear to comply with the new rule it would cost about $2,9753 for materials and take about 23 hours to construct.

WAC 220-47-430 requires that commercial purse seine, gillnet and reef net fishers maintain a log book of incidental catch and to return the completed log book to the Department of Fish and Wildlife. Log books were available free of charge from the commercial gear groups to their members, and were also available free of charge from WDF&W licensing in Olympia. The only cost associated with this rule would be a long distance phone call or postage to request a copy of the log book as well as postage to return the log book to the agency (less than $10).

4. Will Compliance Cost Businesses to Lose Sales or Revenue?

Uncertain, WAC 220-47-325 would require more time spent handling salmon and potentially reduces the number of sets able to be made when fishing is good; at the same time, it benefits the resource status and reduces the likelihood of receiving a citation for a fishery violation for unlawfully retaining fish, due to better sorting of the catch. WAC 220-47-307 closes a portion of Possession Sound to commercial pink fishing known to produce catch.

5. Comparison of Costs for the 10% of Businesses That Are the Largest Businesses Required to Comply with the Proposed Rule: Neither costs per employee, costs per hour of labor, nor costs per $100 of sales are different between small businesses and the largest 10% of businesses affected.

6. Steps Taken by Agency to Reduce the Costs of the Rule on Small Businesses: Decisions were made to mail log books, free of charge, to anyone who requested one.

7. Description of How the Agency Will Involve Small Businesses in Rule Development: These rules are a result of negotiated rule making through the Pacific Fisheries Management Council/North of Falcon public process. These meetings were attended by representatives of the several fishery management agencies, treaty Indian tribes, representatives from the Purse Seine Vessel Owners Association, Puget Sound Gillnetters Association and the Washington Reef Net Owners Association, as well as other commercial and recreational groups. Industry was fully involved in shaping seasons and areas, developing rules to protect weak stocks or threatened species, and in designing changes to fishing gear.

8. List of Industries Required to Comply with this Rule: Puget Sound salmon gillnet, purse seine and reef net license holders.

1 Pers. Comm. Margaret Knudson, Dept. Of Revenue, to Steve Boessow, WDFW- 8 September, 1999.

2 Cost based on replacing the web on an existing brailer frame. Cost includes net and lacing only. Cost does not include brailer handle, rings, hardware or labor (Lummi Fishery Supply - written bid).

3 Cost based upon a standard Puget Sound gillnet 5" x 300 fathoms x 200 mesh depth. Cost includes net and lacing. Cost does not include corkline, leadline, bird panel or labor (Lummi Fishery Supply - written bid).

A copy of the statement may be obtained by writing to Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98504-1091, phone (360) 902-2930, fax (360) 902-2944.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Room 175A, NRB Building, 1111 Washington Street, Olympia, on October 26, 1999, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Jackie Hursey by October 11, 1999, TDD (360) 902-2207, or (360) 902-2861.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501, fax (360) 902-2944, by October 25, 1999.

Date of Intended Adoption: October 26, 1999.

September 22, 1999

Evan Jacoby

Rules Coordinator

OTS-3086.1


AMENDATORY SECTION(Amending Order 85-43, filed 5/10/85)

WAC 220-20-016
Sale of commercial caught salmon.

It is unlawful for any person licensed to take salmon for commercial purposes as required under chapter 75.28 RCW to:

(1) ((Keep more than three salmon taken under such license for personal use, up to a maximum of six salmon in possession for multi-day trips.)) Retain for personal use more than the equivalent of one daily sport bag limit for the area being fished. 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.

(2) Sell any salmon he takes under such license to anyone other than a licensed wholesale dealer located within or outside the state of Washington: Provided, That a person who is himself licensed as a wholesale dealer under the provisions of RCW 75.28.300 may sell his catch to individuals or corporations other than licensed wholesale dealers.

[Statutory Authority: RCW 75.08.080.  85-11-020 (Order 85-43), § 220-20-016, filed 5/10/85; 80-01-021 (Order 79-137), § 220-20-016, filed 12/14/79.]

OTS-3102.4


AMENDATORY SECTION(Amending Order 97-124, filed 7/29/97, effective 8/29/97)

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) ((All gill net gear used in Puget Sound must have floats or corks of a contrasting color attached in 50-foot intervals along the corkline.

(5))) It shall be 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.

[Statutory Authority: RCW 75.08.080.  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 98-122, filed 7/15/98, effective 8/15/98)

WAC 220-47-304
Puget Sound--All citizen salmon species seasons and gill net mesh sizes.

((The following are Puget Sound all citizens salmon species seasons listed by area and species:


AREA SPECIES DATE - RANGE

6D: COHO 9/20 - 10/24
7,7A: FRASER SOCKEYE

CHUM

6/21

9/27

-

-

9/26

11/14

7B: CHINOOK

COHO

CHUM

8/9

9/6

10/25

-

-

-

9/5

10/24

12/12

7C: CHINOOK 8/9 - 10/10
8: CHUM 10/25 - 11/28
8A: CHUM 10/18 - 11/28
8D: COHO

CHUM

9/20

11/8

-

-

11/7

12/19

9A: COHO 9/13 - 10/31
10, 11: COHO

CHUM

9/6

10/11

-

-

10/10

11/28

12: CHUM 10/18 - 11/20
12A: COHO 8/30 - 10/10
12B: CHUM 10/18 - 11/20
12C: CHUM 10/25 - 11/27))

(1) The following are the 1999 Puget Sound all citizens salmon species seasons listed by area and species:


AREA SPECIES DATE - RANGE

6D:

COHO

FRASER SOCKEYE

AND PINK

CHUM

9/19

6/26

9/26

-

-

-

10/23

9/25

11/13

7,7A: FRASER SOCKEYE

AND PINK CHUM

6/26

9/26

-

-

9/25

11/13

7B: CHINOOK

COHO

CHUM

8/8

9/5

10/24

-

-

-

9/4

10/23

12/11

7C: CHINOOK 8/8 - 10/9
8: PINK

COHO

CHUM

8/22

8/29

10/24

-

-

-

9/18

10/23

11/27

8A: PINK

COHO

CHUM

8/8

9/5

10/17

-

-

-

9/11

10/16

11/27

8D: COHO

CHUM

9/19

11/7

-

-

11/6

12/18

9A: COHO 9/19 - 10/30
10, 11: COHO

CHUM

9/5

10/10

-

-

10/9

11/27

12: COHO

CHUM

9/26

10/17

-

-

10/16

11/20

12A: COHO 8/29 - 10/16
12B: COHO

CHUM

10/13

10/17

-

-

10/16

11/20

12C: CHUM 10/31 - 11/27

(2) It is unlawful to fish for or possess salmon taken with gill net gear using mesh other than the mesh listed below for the species seasons set out in this section:


CHINOOK SEASON 7 INCH MINIMUM MESH
COHO SEASON 5 INCH MINIMUM MESH
PINK SEASON 5 INCH MINIMUM MESH

5-1/2 INCH MAXIMUM MESH

AND IN SMCRA 8 - 60 MESH MAXIMUM DEPTH

CHUM SEASON 6-1/4 INCH MINIMUM MESH
FRASER SOCKEYE 5 INCH MINIMUM MESH

5-1/2 INCH MAXIMUM MESH

[Statutory Authority: RCW 75.08.080 and 77.12.040.  98-15-081 (Order 98-122), § 220-47-304, filed 7/15/98, effective 8/15/98.  Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), § 220-47-304, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), § 220-47-304, filed 7/22/96, effective 8/22/96; 95-13-056 (Order 95-75), § 220-47-304, filed 6/16/95, effective 7/17/95; 94-15-001 (Order 94-62), § 220-47-304, filed 7/6/94, effective 8/6/94; 93-14-041 (Order 93-55), § 220-47-304, filed 6/29/93, effective 7/30/93; 92-15-105 (Order 92-47), § 220-47-304, filed 7/20/92, effective 8/20/92; 91-18-024 (Order 91-72), § 220-47-304, filed 8/27/91, effective 9/27/91; 90-13-025 (Order 90-49), § 220-47-304, filed 6/11/90, effective 7/12/90; Order 988, § 220-47-304, filed 4/28/72.]


AMENDATORY SECTION(Amending Order 98-122, filed 7/15/98, effective 8/15/98)

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:

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 ((1,000 feet)) 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((, 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 Island, 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 Fidalgo Head northerly to Shannon Point)).

(((7))) (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((.

(8))), 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 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 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 98-122, filed 7/15/98, effective 8/15/98)

WAC 220-47-311
Purse seine--Open periods.

During ((1997)) 1999, 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 TIME DATE

7, 7A: 7AM - 6PM 10/20, 10/26
7AM - 5PM 11/04, 11/05, 11/09,

11/10, 11/11, 11/12

7B: 6AM 9/08 - 4PM 9/11
6AM 9/14 - 4PM 9/18
6AM 9/20 - 4PM 10/31
6AM 11/02 - 4PM 11/06
6AM 11/09 - 4PM 11/13
6AM 11/16 - 4PM 11/20
6AM 11/23 - 4PM 11/27
6AM 11/30 - 4PM 12/04
6AM 12/07 - 4PM 12/11
8: 7AM - 6PM 10/26
7AM - 5PM 11/03, 11/09,

11/17, 11/23

8A: 7AM - 6PM 10/21, 10/22,

10/26, 10/27

7AM - 5PM 11/04, 11/05,

11/09, 11/10,

11/18, 11/19,

11/23, 11/24,

11/25, 11/30,

12/01

8D: 7AM - 7PM 9/21, 9/22,

9/23, 9/24,

9/29, 9/30,

10/01, 10/02,

10/05, 10/06,

10/07, 10/08,

10/13, 10/14,

10/15, 10/16,

7AM - 6PM 10/21, 10/22,

10/26, 10/27

7AM - 5PM 11/04, 11/05,

11/09, 11/10,

11/18, 11/19,

11/23, 11/24,

11/25, 11/30,

12/01

10, 11: 7AM - 6PM 10/26
7AM - 5PM 11/03, 11/04,

11/09, 11/17, 11/23

12, 12B: 7AM - 6PM 10/20, 10/26
7AM - 5PM 11/04, 11/05,

11/09, 11/10,

11/17

12C: 7AM - 5PM 11/17, 11/23))


AREA TIME DATE TIME DATE

7, 7A: 7AM - 6PM 10/19, 10/25
7AM - 5PM 11/3, 11/4, 11/8,

11/9, 11/10, 11/11

7B: 6AM 9/7 - 4PM 9/9
6AM 9/13 - 4PM 9/15
6AM 9/19 - 4PM 10/23
6AM 10/25 - 4PM 10/29
6AM 11/1 - 4PM 11/5
6AM 11/8 - 4PM 11/12
6AM 11/15 - 4PM 11/19
6AM 11/22 - 4PM 11/26
6AM 11/29 - 4PM 12/3
6AM 12/6 - 4PM 12/10
8: 7AM - 6PM 10/25
7AM - 5PM 11/2, 11/8,

11/16, 11/22

8A: 5AM - 9PM 8/24, 8/30
7AM - 7PM 10/11
7AM - 6PM 10/20, 10/21,

10/25, 10/26

7AM - 5PM 11/3, 11/4,

11/8, 11/9,

11/17, 11/18,

11/22, 11/23,

11/24

8D: 7AM - 7PM 9/21, 9/22,

9/23, 9/28,

9/29, 9/30,

10/4, 10/5,

10/6, 10/7,

10/11

7AM - 6PM 10/20, 10/21,

10/25, 10/26

7AM - 5PM 11/3, 11/4,

11/8, 11/9,

11/17, 11/18,

11/22, 11/23,

11/24

10, 11: 7AM - 6PM 10/19, 10/25
7AM - 5PM 11/2, 11/3,

11/8, 11/16

12, 12B: 7AM - 6PM 10/19, 10/25
7AM - 5PM 11/3, 11/4,

11/8, 11/9,

11/16

12C: 7AM - 5PM 11/16, 11/22

It is unlawful to retain chinook salmon taken with purse seine gear.  It is unlawful to retain coho salmon taken with purse seine gear in Areas 7 and 7A. It is unlawful to retain chum salmon taken with purse seine gear in Areas 7 and 7A prior to October 1. All other saltwater and freshwater areas - closed.

[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 97-124, filed 7/29/97, effective 8/29/97)

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, 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.  97-16-030 (Order 97-124), § 220-47-325, filed 7/29/97, effective 8/29/97.]


AMENDATORY SECTION(Amending Order 98-122, filed 7/15/98, effective 8/15/98)

WAC 220-47-401
Reef net open periods.

During ((1997)) 1999, 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 ((DAILY 9/7 - 9/11
9/14 - 9/18
9/21 - 9/25
9/28 - 10/2
10/5 - 10/9
10/12 - 10/16
10/19 - 10/23
10/26 - 10/30
11/2 - 11/6
11/9 - 11/13))
9/12 through 11/13

It is unlawful to retain chinook salmon taken with reef net gear. It is unlawful to retain coho salmon taken with reef net gear while the Fraser River Panel of the Pacific Salmon Commission maintains regulatory control of fisheries in Area 7. It is unlawful to retain chum salmon taken with reef net gear prior to October 1. All other saltwater and freshwater areas - closed.

[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 98-122, filed 7/15/98, effective 8/15/98)

WAC 220-47-410
Gill net--Daily hours.

It ((shall be)) is unlawful to take or fish ((for sockeye or pink salmon)) during the Fraser sockeye and pink salmon species seasons in Areas 7 or 7A with gill net gear from 12:00 midnight to 1.5 hours after sunrise.

[Statutory Authority: RCW 75.08.080 and 77.12.040.  98-15-081 (Order 98-122), § 220-47-410, filed 7/15/98, effective 8/15/98.  Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), § 220-47-410, filed 7/29/97, effective 8/29/97.]


AMENDATORY SECTION(Amending Order 98-122, filed 7/15/98, effective 8/15/98)

WAC 220-47-411
Gill net--Open periods.

During ((1997)) 1999, it is unlawful to take, fish for or possess salmon taken with gill net gear for commercial purposes from Puget Sound except in the following designated Puget Sound Salmon Management and Catch Reporting Areas during the seasons provided for hereinafter in each respective fishing area:


((AREA
TIME
-
DATE(S)
6D: 7AM - 7PM Daily 9/21 - 9/25

9/28 - 10/2

10/5 - 10/9

10/12 - 10/16

10/19 - 10/23


Note: Area 6D skiff gill net only. It is unlawful to retain chinook, pink, or chum salmon in Area 6D.
7,7A: 7AM - 7PM 10/19
7AM - 6PM 10/27, 11/2, 11/3, 11/9, 11/10, 11/11, 11/12
7B: 7PM - 9AM NIGHTLY 8/17, 8/24, 8/31
6AM 9/8 - 4PM 9/11
6AM 9/14 - 4PM 9/18
6AM 9/20 - 4PM 10/31
6AM 11/2 - 4PM 11/6
6AM 11/9 - 4PM 11/13
6AM 11/16 - 4PM 11/20
6AM 11/23 - 4PM 11/27
6AM 11/30 - 4PM 12/4
6AM
12/7
- 4PM
12/11
7C: 7PM - 9AM NIGHTLY 8/17, 8/24, 8/31
8: 7AM - 6PM 10/27, 11/2, 11/10, 11/16
7AM - 5PM 11/24
8A: 7AM - 7PM 10/19, 10/20
7AM - 6PM 10/28, 10/29, 11/2, 11/3, 11/11, 11/12, 11/16, 11/17
7AM - 5PM
11/23, 11/24, 11/25, 12/2, 12/3
8D: 6PM - 8AM NIGHTLY 9/21 - 9/24

9/28 - 10/1

10/5 - 10/8

10/12 - 10/15

7AM - 7PM 10/19, 10/20
7AM - 6PM 10/28, 10/29, 11/2, 11/3, 11/11, 11/12, 11/16, 11/17
7AM - 5PM
11/23, 11/24, 11/25, 12/2, 12/3
9A:
6AM
9/13 through
4PM
10/31
10, 11: 5PM - 8AM 10/26, 10/27
4PM - 8AM
NIGHTLY 11/2, 11/3, 11/9, 11/16, 11/23
12, 12B: 7AM - 7PM 10/19
7AM - 6PM 10/27, 11/2, 11/3, 11/11, 11/12, 11/16
12C: 7AM - 6PM 11/16
7AM - 5PM 11/24
All other saltwater and freshwater areas - closed.
Nightly openings refer to the start date.))

AREA TIME - DATE(S)
6D: 7AM - 7PM 9/20, 9/21, 9/22, 9/23, 9/24, 9/27, 9/28, 9/29, 9/30, 10/1, 10/4, 10/5, 10/6, 10/7, 10/8, 10/11, 10/12, 10/13, 10/14, 10/15, 10/18, 10/19, 10/20, 10/21, 10/22

Note: Area 6D skiff gill net only, using 5-inch minimum and 5 1/2-inch maximum mesh. It is unlawful to retain chinook or pink salmon taken in Area 6D at any time, or any chum salmon taken in Area 6D prior to October 16. In Area 6D, any chinook or pink salmon captured at any time, or any chum salmon captured prior to October 16, must be removed from the net by cutting the meshes ensnaring the fish.
7,7A: 7AM - 8PM 10/18, 10/26, 11/1, 11/2, 11/8, 11/9, 11/10, 11/11
7B: 7PM-9AM NIGHTLY 8/16, 8/23, 8/24, 8/30, 8/31
6AM 9/7 - 4PM 9/9
6AM 9/13 - 4PM 9/15
6AM 9/19 - 4PM 10/23
6AM 10/25 - 4PM 10/29
6AM 11/1 - 4PM 11/5
6AM 11/8 - 4PM 11/12
6AM 11/15 - 4PM 11/19
6AM 11/22 - 4PM 11/26
6AM 11/29 - 4PM 12/3
6AM 12/6 - 4PM 12/10
7C: 7PM-9AM NIGHTLY 8/16, 8/23, 8/24, 8/30, 8/31
8: 6AM - 11PM 8/24, 8/30
7AM - 8PM 10/26, 11/1, 11/9, 11/15, 11/23
8A: 6AM - 11PM 8/23, 8/31
7AM - 8PM 10/12, 10/18, 10/19, 10/27, 10/28, 11/1, 11/2, 11/10, 11/11, 11/15, 11/16, 11/22, 11/23, 11/24
8D: 6PM-8AM NIGHTLY 9/20, 9/21, 9/22, 9/27, 9/28, 9/29, 10/4, 10/5, 10/6, 10/7
7AM - 8PM 10/12, 10/18, 10/19, 10/27, 10/28, 11/1, 11/2, 11/10, 11/11, 11/15, 11/16, 11/22, 11/23, 11/24
9A: 6AM 9/19 through 4PM 10/30
10, 11: 5PM-8AM NIGHTLY 10/18, 10/25
4PM-8AM NIGHTLY 11/1, 11/2, 11/8, 11/15
12, 12B: 7AM - 8PM 10/18, 10/26, 11/1, 11/2, 11/10, 11/11, 11/15
12C: 7AM - 8PM 11/15, 11/23
All other saltwater and freshwater areas - closed.
Nightly openings refer to the start date.

[Statutory Authority: RCW 75.08.080 and 77.12.040.  98-15-081 (Order 98-122), § 220-47-411, filed 7/15/98, effective 8/15/98.  Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), § 220-47-411, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), § 220-47-411, filed 7/22/96, effective 8/22/96; 95-13-056 (Order 95-75), § 220-47-411, filed 6/16/95, effective 7/17/95; 94-15-001 (Order 94-62), § 220-47-411, filed 7/6/94, effective 8/6/94; 93-14-041 (Order 93-55), § 220-47-411, filed 6/29/93, effective 7/30/93; 92-15-105 (Order 92-47), § 220-47-411, filed 7/20/92, effective 8/20/92; 91-18-024 (Order 91-72), § 220-47-411, filed 8/27/91, effective 9/27/91; 90-13-025 (Order 90-49), § 220-47-411, filed 6/11/90, effective 7/12/90; 89-13-004 (Order 89-44), § 220-47-411, filed 6/8/89; 88-14-133 (Order 88-48), § 220-47-411, filed 7/6/88; 87-15-059 (Order 87-72), § 220-47-411, filed 7/14/87; 86-13-038 (Order 86-46), § 220-47-411, filed 6/12/86; 85-13-032 (Order 85-60), § 220-47-411, filed 6/12/85; 84-13-078 (Order 84-53), § 220-47-411, filed 6/21/84; 83-14-020 (Order 83-57), § 220-47-411, filed 6/28/83; 82-15-040 (Order 82-83), § 220-47-411, filed 7/15/82; 81-18-017 (Order 81-101), § 220-47-411, filed 8/25/81; 80-10-058 (Order 80-83), § 220-47-411, filed 8/6/80; 78-05-018 (Order 78-16), § 220-47-411, filed 4/13/78; Order 77-66, § 220-47-411, filed 8/5/77; Order 77-14, § 220-47-411, filed 4/15/77; Order 76-41, § 220-47-411, filed 6/4/76; Order 1251, § 220-47-411, filed 8/18/75; Order 1210, § 220-47-411, filed 5/26/75; Order 1143, § 220-47-411, filed 8/8/74; Order 1125, § 220-47-411, filed 6/6/74; Order 1066, § 220-47-411, filed 7/19/73; Order 1057, § 220-47-411, filed 5/22/73; Order 988, § 220-47-411, filed 4/28/72.]


AMENDATORY SECTION(Amending Order 98-122, filed 7/15/98, effective 8/15/98)

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 permit.

(a) Persons who held a Quilcene Bay salmon beach seine experimental fishery permit in ((1997)) 1998 will be eligible for a permit in ((1998)) 1999.

(b) The department established a pool of applicants by drawing on September 9, 1996.  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 permit being aboard the designated vessel in the open fishery area ((four days each week during the open fishing period, except that during the Fraser sockeye and pink salmon species season in Areas 7 and 7A "participation" means the holder of the Quilcene permit being aboard the designated vessel in the open fishery area)) two days each week during the open fishing period.

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

(c) The department may require proof of participation by registering with state, federal or tribal officials each day the Quilcene permit holder participates.

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

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

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

(((6))) (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 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 98-122, filed 7/15/98, effective 8/15/98)

WAC 220-47-428
Beach seine--Open periods.

During ((1997)) 1999, 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)
12A: 7AM - 7PM Daily ((8/31 - 9/4

9/7 - 9/11

9/14 - 9/18

9/21 - 9/25

9/28 - 10/2

10/5 - 10/9)) 8/30, 8/31, 9/1, 9/2, 9/3, 9/6, 9/7, 9/8, 9/9, 9/10, 9/13, 9/14, 9/15, 9/16, 9/17, 9/20, 9/21, 9/22, 9/23, 9/24, 9/27, 9/28, 9/29, 9/30, 10/1, 10/4, 10/5, 10/6, 10/7, 10/8, 10/11, 10/12, 10/13, 10/14, 10/15

[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.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-47-412 Drift gill net and skiff gill net--Mesh sizes.

OTS-3131.2


NEW SECTION
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 sockeye and pink salmon season set out in WAC 220-47-304 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 and 7A, 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, 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 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) 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.

(6) All log books must be sent to the department no later than October 10 of each year.

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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.

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