Original Notice.

Preproposal statement of inquiry was filed as WSR 01-05-002.

Title of Rule: Commercial fishing rules.

Purpose: Amend salmon troll rules.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Sets coastal salmon troll seasons.

Reasons Supporting Proposal: Provides opportunity to harvest surplus salmon.

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.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Salmon troll seasons have been managed by emergency rule since 1979, since there has been insufficient fishing opportunity to leave the fishery open longer that [than] the statutory period of effectiveness of emergency rules. This year opportunity is expected to last from May through September, and a permanent rule is needed. The department is also concerned with accurate reporting of catch, and is proposing a rule to limit misreporting of catch taken south of Cape Falcon.

Proposal Changes the Following Existing Rules: New season settings.

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

     2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None.

     3. Costs of Compliance for Business, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: Commercial fishers must have valid licenses and use approved gear.

     4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No, the rules open fishing opportunity that is otherwise closed.

     5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs: None.

     a. Cost per employee.

     b. Cost per hour of labor.

     c. Cost per one hundred dollars of sales.

     6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: None taken, none needed.

     7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The draft rules were developed after two public meetings (North of Falcon) and a final PFMC meeting. Meetings were announced through news releases and on the Washington Department of Fish and Wildlife website. Key industry members are involved in commenting on, and proposing changes to, rules and seasons. Once drafted, the rules go through the standard public process set up for promulgating and revising Washington Administrative Codes.

     8. A List of Industries That Will Be Required to Comply with the Rule: Coastal salmon troll fishers.

A copy of the statement may be obtained by writing to Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155.

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

Hearing Location: Natural Resources Building, 1111 Washington Street, Room 175A, Olympia, WA, on June 5, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Jackie Hursey by June 1, 2001, TDD (360) 902-2207, or (360) 902-2861.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98504-1091, fax (360) 902-2155, by June 4, 2001.

Date of Intended Adoption: June 5, 2001.

May 1, 2001

Evan Jacoby

Rules Coordinator

OTS-4829.1

AMENDATORY SECTION(Amending Order 79-43, filed 6/22/79)

WAC 220-24-020   Lawful acts.   (((1) It shall be lawful to take, fish for or possess salmon other than coho taken for commercial purposes with "troll line" gear in waters of District No. 1 west of a line projected true north from Cape Flattery during the period May 1 through June 14 except as provided in WAC 220-44-020.

     (2) It shall be lawful to take, fish for or possess salmon taken for commercial purposes with "troll line" gear in the waters of District No. 1 west of a line projected true north from Cape Flattery during the period July 1 through September 15 except as provided in WAC 220-44-020.

     (3) It shall be lawful to take, fish for or possess salmon taken for commercial purposes with "troll line" gear in the waters of District No. 1 south of a line projected true west from Point Grenville during the period July 1 through October 31.

     (4))) It shall be lawful for a common or contract carrier to transport during seasons in which the taking, catching, or possession of chinook or silver salmon is unlawful in the state of Washington or in waters over which the state of Washington has jurisdiction, an original package or packages containing either silver or chinook salmon which original package or packages both originate from and are destined for some other state, territory or foreign country: Provided, That for the purpose of this regulation the term "original package" shall mean a package from which fish cannot be extracted without an opening or breaking thereof and which is accompanied by documentary proof that the original point of shipment and the point of destination are another state, territory or foreign country: Provided further, That it shall be unlawful for any such carrier to open or break any such original package while the same is in his possession, except for the purpose of reicing: Provided further, That the waters of the Pacific Ocean shall not be considered a state, territory or foreign country.

[Statutory Authority: RCW 75.08.080. 79-07-046 (Order 79-43), § 220-24-020, filed 6/22/79; 78-05-067 (Order 78-20), § 220-24-020, filed 4/27/78; Order 76-24, § 220-24-020, filed 4/20/76; Order 1221, § 220-24-020, filed 7/1/75; Order 1116, § 220-24-020, filed 4/30/74; Order 726, § 4 (part), filed 4/24/67; Order 677, subsection 1, filed 3/31/66; Orders 398 and 256, filed 3/1/60; Order 677, subsection 2, filed 3/31/66; Orders 357 and 256, filed 3/1/60; Orders 401 and 256, subsection 3, filed 3/1/60.]

OTS-4826.1

NEW SECTION
WAC 220-24-040   All-citizen troll seasons.   It is unlawful to fish for salmon with troll gear or to land salmon taken with troll gear into a Washington port except during the seasons provided for in this section.

     (1) SMCRAs 1, 2, 3, and that portion of Area 4 west of 125°05'00" W longitude and south of 48°23'00" N latitude open May 1, 2001, and remain open through June 30, 2001, or until the chinook quota is taken. Unlawful to retain coho. No more than 4 spreads per line beginning June 1. Cape Flattery and Columbia River Control Zones closed.

     (2) SMCRAs 2, 3, and that portion of Area 4 west of 125°05'00" W longitude and south of 48°23'00" N latitude open July 1, 2001, and remains open through July 27, 2001, or until the chinook or coho quotas have been taken. Unlawful to retain wild coho. Gear is restricted to plugs with a plug body length of six inches or greater, and no more than 4 spreads per line. Cape Flattery Control Zone closed.

     (3) SMCRA 1 opens July 20, 2001, and remains open through September 30, 2001, or until the chinook or coho quotas have been taken. Unlawful to retain wild coho. Columbia River Commercial Control Zone closed.

     (4) SMCRA 2 south of the Queets River opens July 28, 2001 or upon closure of the fishery provided for in subsection (2) of this section, and remains open concurrent with the fishery provided for in subsection (3) of this section.

     (5) In all fisheries provided for in this section, chinook minimum size 28 inches and coho minimum size 16 inches. No minimum size for pink, sockeye or chum salmon.

     (6) Lawful troll gear is restricted to single point, single shank barbless hooks.

     (7) It is unlawful for any fisher taking salmon north of the Queets River to fail to land the salmon north of the Queets River and west of Sekiu, or to fail to notify the department before leaving the area. Notification must be made by calling the department at 360-902-2739, and reporting the name of fisher and boat, the area fished, the day leaving the area, and the port of destination.

     (8) Fishers must land and deliver their catch within 24 hours of any closure of a fishery provided for in this section, and must land within the SMCRA fished, or within an adjacent SMCRA closed to all-citizen troll fishing.

     (9) The Cape Flattery Commercial Control Zone is defined as the area from Cape Flattery (48°23'00" N latitude) to the northern boundary of the U.S. EEZ; and the area from Cape Flattery south to Cape Alava, 48°10'00" N latitude and west of 125°05'00" W longitude.

     (10) The Columbia River Commercial Control Zone is defined as an area at the Columbia River mouth, bounded on the west by a line running northeast/southwest between the red lighted Buoy #4 (46°13'35" N. latitude, 124°06'50" W. longitude) and the green lighted Buoy #7 (46°15'09" N. latitude, 124°06'16" W. longitude); on the east, by the Buoy #10 line which bears north/south at 357° true from the south jetty at 46°14'00" N. latitude, 124°03'07" W. longitude to its intersection with the north jetty; on the north, by a line running northeast/southwest between the green lighted Buoy #7 to the tip of the north jetty (46°14'48" N. latitude, 124°05'20" W. longitude) and then along the north jetty to the point of intersection with the Buoy #10 line; and, on the south, by a line running northeast/southwest between the red lighted Buoy #4 and tip of the south jetty (46°14'03" N. latitude, 124°04'05" W. longitude), and then along the south jetty to the point of intersection with the Buoy #10 line.

     (11) It is unlawful to fish in SMCRAs 1, 2, 3 or 4 with fish on board taken south of Cape Falcon, Oregon, and all fish taken from SMCRAs 1, 2, 3, and 4 must be landed before fishing south of Cape Falcon, Oregon.

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