WASHINGTON STATE REGISTER

WSR 01-10-116

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed May 2, 2001, 10:06 a.m. ]

Original Notice.

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

Title of Rule: Commercial fishing rules.

Purpose: Amend coastal harbor salmon net rules.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Sets coastal harbor salmon net 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: Coastal harbor salmon net seasons are set based on preseason forecasts, and are intended to allow harvest of available surplus salmon while protecting broodstock fish and species that are threatened or endangered. Insufficient opportunity exist for a summer fishery in either Grays Harbor or Willapa Bay. The November fishery in Willapa Bay will target sturgeon.

Proposal Changes the Following Existing Rules: New season settings.

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

Small Business Economic Impact Statement
1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: Sets days, times and gear for commercial salmon fishing in Grays Harbor and Willapa Bay.

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 gill net licenses. Nets must comply with current state regulations.

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 harbor salmon gill net license holders.

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 2, 2001

Evan Jacoby

Rules Coordinator

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

WAC 220-36-021 Salmon -- Grays Harbor -- Summer fishery. July 5 through August 15 ((~~of 1998,~~)) it is unlawful to fish for salmon in Grays Harbor for commercial purposes or to possess salmon taken from those waters for commercial purposes.

[Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), 220-36-021, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 97-15-148 (Order 97-123), 220-36-021, filed 7/23/97, effective 8/23/97; 96-13-035 (Order 96-77), 220-36-021, filed 6/11/96, effective 7/12/96; 95-13-065 (Order 95-76), 220-36-021, filed 6/19/95, effective 7/20/95; 94-13-014 (Order 94-46), 220-36-021, filed 6/3/94, effective 7/4/94; 90-18-023 (Order 90-77), 220-36-021, filed 8/24/90, effective 9/24/90; 89-16-056 (Order 89-71), 220-36-021, filed 7/28/89, effective 8/28/89; 88-19-098 (Order 88-116), 220-36-021, filed 9/20/88; 87-21-041 (Order 87-161), 220-36-021, filed 10/14/87; 86-15-016 (Order 86-55), 220-36-021, filed 7/10/86; 85-13-073 (Order 85-64), 220-36-021, filed 6/19/85; 84-15-008 (Order 84-66), 220-36-021, filed 7/6/84; 83-13-054 (Order 83-53), 220-36-021, filed 6/15/83; 82-13-048 (Order 82-63), 220-36-021, filed 6/11/82; 81-13-005 (Order 81-37), 220-36-021, filed 6/8/81; 80-09-072 (Order 80-69), 220-36-021, filed 7/18/80; Order 77-71, 220-36-021, filed 8/18/77; Order 77-44, 220-36-021, filed 6/3/77; Order 76-73, 220-36-021, filed 8/16/76; Order 1221, 220-36-021, filed 7/1/75; Order 1133, 220-36-021, filed 7/19/74.]

AMENDATORY SECTION(Amending Order 99-206 [00-240], filed 11/30/99 [11/15/00], effective 12/31/99 [12/16/00])

WAC 220-36-023 Grays Harbor salmon -- Fall fishery. August 16 through December 31 of each year, it is unlawful to fish for salmon in Grays Harbor for commercial purposes, except that:

Fishing periods

Gill net gear may be used to fish for salmon:

Time Areas

6:00 p.m. September 4 through 6:00 p.m. September 6, and
2A and 2D

6:00 p.m. October 4 through 6:00 p.m. October 5, 2001

Gear

Gill net gear shall be used as provided for in WAC 220-36-015, except no maximum mesh restriction September 4 through September 6, 2001.

[Statutory Authority: RCW 77.12.047. 00-23-065 (Order 00-240), 220-36-023, filed 11/15/00, effective 12/16/00. Statutory Authority: RCW 75.08.080. 99-24-104 (Order 99-206), 220-36-023, filed 11/30/99, effective 12/31/99. Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), 220-36-023, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 97-15-148 (Order 97-123), 220-36-023, filed 7/23/97, effective 8/23/97; 96-13-035 (Order 96-77), 220-36-023, filed 6/11/96, effective 7/12/96; 95-13-065 (Order 95-76), 220-36-023, filed 6/19/95, effective 7/20/95; 94-13-014 (Order 94-46), 220-36-023, filed 6/3/94, effective 7/4/94; 93-14-042 (Order 93-54), 220-36-023, filed 6/29/93, effective 7/30/93; 90-18-023 (Order 90-77), 220-36-023, filed 8/24/90, effective 9/24/90; 89-16-056 (Order 89-71), 220-36-023, filed 7/28/89, effective 8/28/89.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 98-122, filed 7/15/98, effective 8/15/98)

WAC 220-40-021 Willapa Bay salmon -- Summer fishery. July 5 through August 15 ((~~of 1998,~~)) it is unlawful to fish for salmon in Willapa Bay for commercial purposes or to possess salmon taken from those waters for commercial purposes.

[Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), 220-40-021, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 97-15-148 (Order 97-123), 220-40-021, filed 7/23/97, effective 8/23/97; 96-13-035 (Order 96-77), 220-40-021, filed 6/11/96, effective 7/12/96; 95-13-065 (Order 95-76), 220-40-021, filed 6/19/95, effective 7/20/95; 94-13-014 (Order 94-46), 220-40-021, filed 6/3/94, effective 7/4/94; 90-18-023 (Order 90-77), 220-40-021, filed 8/24/90, effective 9/24/90; 89-16-056 (Order 89-71), 220-40-021, filed 7/28/89, effective 8/28/89; 88-19-098 (Order 88-116), 220-40-021, filed 9/20/88; 87-21-041 (Order 87-161), 220-40-021, filed 10/14/87; 86-15-016 (Order 86-55), 220-40-021, filed 7/10/86; 85-13-073 (Order 85-64), 220-40-021, filed 6/19/85; 84-15-008 (Order 84-66), 220-40-021, filed 7/6/84; 83-13-054 (Order 83-53), 220-40-021, filed 6/15/83; 82-13-048 (Order 82-63), 220-40-021, filed 6/11/82; 81-13-005 (Order 81-37), 220-40-021, filed 6/8/81; 80-09-072 (Order 80-69), 220-40-021, filed 7/18/80; 79-07-046 (Order 79-43), 220-40-021, filed 6/22/79; 78-09-041 (Order 78-61), 220-40-021, filed 8/18/78; Order 77-71, 220-40-021, filed 8/18/77; Order 77-44, 220-40-021, filed 6/3/77; Order 76-73, 220-40-021, filed 8/16/76; Order 1221, 220-40-021, filed 7/1/75; Order 1133, 220-40-021, filed 7/19/74.]

AMENDATORY SECTION(Amending Order 98-122 [00-240], filed 7/15/98 [11/15/00], effective 8/15/98 [12/16/00])

WAC 220-40-027 Salmon -- Willapa Bay fall fishery. August 16 through December 31 of each year, it is unlawful to fish for salmon in Willapa Bay for commercial purposes or to possess salmon taken from those waters for commercial purposes, except that:

Fishing periods

(1) Gill net gear may be used to fish for salmon:

Time Area

6:00 p.m. August 27 through 6:00 p.m. August 28, 2001 Areas 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12, 2M, 2H west of Willapa Channel Marker 35, and 2J north of the North Entrance Marker to the Nahcotta Boat Basin (RF #2)

6:00 p.m. September 19 through 6:00 p.m. September 10, 2001 Areas 2G west of a line drawn true north-south through Willapa Channel Marker 10 and east of a line drawn true north-south from the most waterward exposed end of the rock jetty located near Washaway Beach and excluding the area southerly and easterly of a line from Island Sands Light to Ramsey Point.

6:00 p.m. September 17 through 6:00 p.m. September 18 and 6:00 p.m. September 24 through 6:00 p.m. September 25, 2000 Area 2K

7:30 a.m. October 5 through 6:30 p.m. October 5 and 7:30 a.m. October 12 through 6:30 p.m. October 12, 2000 Areas 2G east of a line drawn true north-south through Willapa Channel Marker 10 and east of a line drawn true north-south from the most waterward exposed end of the rock jetty located near Washaway Beach and excluding the area southerly and easterly of a line from Island Sands Light to Ramsey Point.

6:00 p.m. September 16 through 6:00 p.m. September 30, 2001 Areas 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12, 2M, 2H west of Willapa Channel Marker 40 and 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2)

6:00 p.m. September 16 through 6:00 p.m. September 17 and 6:00 p.m. September 23 through 6:00 p.m. September 24, 2001 Area 2K

7:30 a.m. October 3 through 6:30 p.m. October 3 and 7:30 a.m. October 11 through 6:30 p.m. October 11, 2001 Areas 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12, 2M, 2H, and 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2)

6:00 p.m. October 16 through 6:00 p.m. October 18 and 6:00 p.m. October 23 through 6:00 p.m. October 25, 2001 Areas 2G east of a line drawn true north-south through Willapa Channel Marker 10 and east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach but excluding the area southerly and westerly of a line from Island Sands Light to Ramsey Point, 2M, and 2J north of a true east-west line through the North Entrance Marker to the Nahcotta Boat Basin (RF #2)

Noon, November 6 through noon, November 30, 2001 Areas 2G, 2H, 2J, and 2M

(2) During the fisheries provided for in this section, it is unlawful for fishers to fish west of Willapa Channel Marker 40 or in Area 2K unless the fisher has registered in writing on a department-approved form by September 8, 2001, and the fisher agrees to allow a department observer to be on board during the fishing trip to monitor the catch.

(3) The Tokeland Boat basin is closed to commercial fishing during the openings in SMCRA 2G described in this section. The Tokeland Boat basin means that portion of SMCRA 2G bounded on the south by the shoreline of the boat basin, on the west by the seawall and on the north and east by a line from the Tokeland Channel Marker "3" (flashing green, 4-second) to Tokeland Channel Marker "4" to the tip of the seawall.

Gear

(4) Gill net gear restrictions - All areas:

(a) Prior to September 1, 2001 - No maximum mesh restriction.

(b) September 1 through October 14, 2001 - 6-inch maximum mesh, no more than 55 deep, net must be unstrung and unslackened.

(d) November 1 through November 30, 2001 - 9-inch minimum mesh.

[Statutory Authority: RCW 77.12.047. 00-23-065 (Order 00-240), 220-40-027, filed 11/15/00, effective 12/16/00. Statutory Authority: RCW 75.08.080. 99-24-104 (Order 99-206), 220-40-027, filed 11/30/99, effective 12/31/99. Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), 220-40-027, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 97-15-148 (Order 97-123), 220-40-027, filed 7/23/97, effective 8/23/97; 96-13-035 (Order 96-77), 220-40-027, 6/11/96, effective 7/12/96; 95-13-065 (Order 95-76), 220-40-027, filed 6/19/95, effective 7/20/95; 94-16-017 (Order 94-61), 220-40-027, filed 7/21/94, effective 8/21/94; 93-14-042 (Order 93-54), 220-40-027, filed 6/29/93, effective 7/30/93; 90-18-023 (Order 90-77), 220-40-027, filed 8/24/90, effective 9/24/90; 89-16-056 (Order 89-71), 220-40-027, filed 7/28/89, effective 8/28/89.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Time	Areas
6:00 p.m. September 4 through 6:00 p.m. September 6, and	2A and 2D
6:00 p.m. October 4 through 6:00 p.m. October 5, 2001

Time	Area
6:00 p.m. August 27 through 6:00 p.m. August 28, 2001	Areas 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12, 2M, 2H west of Willapa Channel Marker 35, and 2J north of the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
6:00 p.m. September 19 through 6:00 p.m. September 10, 2001	Areas 2G west of a line drawn true north-south through Willapa Channel Marker 10 and east of a line drawn true north-south from the most waterward exposed end of the rock jetty located near Washaway Beach and excluding the area southerly and easterly of a line from Island Sands Light to Ramsey Point.
6:00 p.m. September 17 through 6:00 p.m. September 18 and 6:00 p.m. September 24 through 6:00 p.m. September 25, 2000	Area 2K
7:30 a.m. October 5 through 6:30 p.m. October 5 and 7:30 a.m. October 12 through 6:30 p.m. October 12, 2000	Areas 2G east of a line drawn true north-south through Willapa Channel Marker 10 and east of a line drawn true north-south from the most waterward exposed end of the rock jetty located near Washaway Beach and excluding the area southerly and easterly of a line from Island Sands Light to Ramsey Point.
6:00 p.m. September 16 through 6:00 p.m. September 30, 2001	Areas 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12, 2M, 2H west of Willapa Channel Marker 40 and 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
6:00 p.m. September 16 through 6:00 p.m. September 17 and 6:00 p.m. September 23 through 6:00 p.m. September 24, 2001	Area 2K
7:30 a.m. October 3 through 6:30 p.m. October 3 and 7:30 a.m. October 11 through 6:30 p.m. October 11, 2001	Areas 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12, 2M, 2H, and 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
6:00 p.m. October 16 through 6:00 p.m. October 18 and 6:00 p.m. October 23 through 6:00 p.m. October 25, 2001	Areas 2G east of a line drawn true north-south through Willapa Channel Marker 10 and east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach but excluding the area southerly and westerly of a line from Island Sands Light to Ramsey Point, 2M, and 2J north of a true east-west line through the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
Noon, November 6 through noon, November 30, 2001	Areas 2G, 2H, 2J, and 2M

Washington State Code Reviser's Office