PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-05-002.
Title of Rule: Commercial fishing rules.
Purpose: Amend rules for 2001 Puget Sound salmon net season.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Summary: Sets Puget Sound salmon net seasons.
Reasons Supporting Proposal: Provides opportunity to harvest surplus salmon while protecting broodstock.
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: WAC 220-47-311, 220-47-401 and 220-47-411 set purse seine, reef net and gill net seasons, respectively. These rules will be adopted at the recommendation of the Pacific Fisheries Management Council, and provide for harvest of available salmon. WAC 220-47-428 closes the Quilcene Bay beach seine fishery for 2001 pending the submission of the report to the legislature on this emerging commercial fishery. WAC 220-47-304 is repealed as the mesh sizes and species fisheries are incorporated into WAC 220-47-411.
Proposal Changes the Following Existing Rules: New seasons 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 permits for the gear and area being used. 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: Puget Sound commercial salmon gill net, purse seine
and reef net license holders.
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: None.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? Yes, five permit holders will not be able to fish in Quilcene Bay for coho salmon as they have for the past five years.
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: This rule change reflects a loss of opportunity to fish. The act of not fishing has no costs associated with it.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: Rules allowing and defining emerging commercial fisheries are found in chapter 77.70 RCW. RCW 77.70.180 requires a report and recommendation to the legislature after a five-year period of operating the fishery. The 2000 season was the fifth year of the five year plan for assessing beach seines as a commercial salmon gear. The beach seine advisory committee and the Quilcene Bay experimental gear fishing permit holders were aware that the emerging commercial fishery had limitations.
8. A List of Industries That Will Be Required to Comply with the Rule: Holders of the Quilcene Bay experimental gear fishing permit.
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-4830.3
AMENDATORY SECTION(Amending Order 00-172, filed 8/28/00,
effective 9/28/00)
WAC 220-47-311
Purse seine -- Open periods.
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:
11/21)) |
AREA | TIME | DATE | |
7, 7A: | 6AM - 5PM | 10/30 | |
6AM - 5PM | 11/5, 11/6, 11/7, 11/8 | ||
7AM - 5PM | 11/12, 11/13, 11/14, 11/15 | ||
7B: | 6AM 9/10 | - | 8PM 9/12 |
6AM 9/17 | - | 8PM 9/19 | |
6AM 9/23 | - | 8PM 10/27 | |
6AM 10/29 | - | 4PM 11/2 | |
6AM 11/5 | - | 4PM 11/9 | |
6AM 11/12 | - | 4PM 11/16 | |
6AM 11/19 | - | 4PM 11/23 | |
6AM 11/26 | - | 4PM 11/30 | |
6AM 12/3 | - | 4PM 12/7 | |
8: | 5AM - 9PM | 8/27, 8/28 | |
6AM - 5PM | 11/5 | ||
8A: | 5AM - 9PM | 8/21 | |
Note: It is unlawful to fish for pink salmon on August 21, 2001, south of a line from the Mukilteo ferry dock to the Clinton ferry dock on Whidbey Island. | |||
5AM - 9PM | 8/27 | ||
7AM - 7PM | 10/8 | ||
7AM - 7PM | 10/17 | ||
7AM - 6PM | 10/22, 10/23 | ||
6AM - 5PM | 10/31, 11/1 | ||
6AM - 5PM | 11/5, 11/6 | ||
7AM - 5PM | 11/14, 11/15 | ||
7AM - 5PM | 11/19, 11/20 | ||
7AM - 5PM | 11/26, 11/27, 11/28 | ||
8D: | 7AM - 7PM | 9/25, 9/26, 9/27 | |
7AM - 7PM | 10/2, 10/3, 10/4 | ||
7AM - 7PM | 10/8, 10/9, 10/10, 10/11 | ||
7AM - 7PM | 10/17 | ||
7AM - 6PM | 10/22, 10/23 | ||
6AM - 5PM | 10/31, 11/1 | ||
6AM - 5PM | 11/5, 11/6 | ||
7AM - 5PM | 11/14, 11/15 | ||
7AM - 5PM | 11/19, 11/20 | ||
7AM - 5PM | 11/26, 11/27, 11/28 | ||
10, 11: | 7AM - 7PM | 10/16 | |
7AM - 6PM | 10/22 | ||
6AM - 5PM | 10/30, 10/31 | ||
6AM - 5PM | 11/5 | ||
7AM - 5PM | 11/13 | ||
12: | 7AM - 7PM | 10/16 | |
12, 12B: | 7AM - 6PM | 10/22 | |
6AM - 5PM | 10/31 | ||
6AM - 5PM | 11/5, 11/6 | ||
7AM - 5PM | 11/13 | ||
12C: | 7AM - 5PM | 11/13 |
[Statutory Authority: RCW 77.12.047. 00-18-023 (Order 00-172), 220-47-311, filed 8/28/00, effective 9/28/00. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-47-311, filed 11/19/99, effective 12/20/99. 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.]
AREA | TIME | - | DATE(S) |
|
7, 7A | 7AM - 7PM Daily | (( |
It is unlawful to retain chinook salmon taken with reef net gear in Areas 7 and 7A. It is unlawful to retain coho salmon taken with reef net gear in Areas 7 and 7A 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 77.12.047. 00-18-023 (Order 00-172), 220-47-401, filed 8/28/00, effective 9/28/00. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-47-401, filed 11/19/99, effective 12/20/99. 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.]
Nightly openings refer to the start date.)) |
AREA | TIME | - | DATE(S) | SPECIES | MINIMUM MESH | |
6D: | 7AM | - | 7PM | 9/21, 9/24, 9/25, 9/26, 9/27, 9/28, 10/1, 10/2, 10/3, 10/4, 10/5, 10/8, 10/9, 10/10, 10/11, 10/12, 10/15, 10/16, 10/17, 10/18, 10/19, 10/22, 10/23, 10/24, 10/25, 10/26 | Coho | 5" |
Note: In Area 6D it is unlawful to use other than 5-inch minimum and 51/2-inch maximum mesh in the skiff gill net fishery. 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 fish. | ||||||
7, 7A: | 7AM | - | 8PM | 10/29, 11/5, 11/6, 11/7, 11/8, 11/12, 11/13, 11/14, 11/15 | Chum | 6 1/4" |
7B: | 7PM | - | 9AM | NIGHTLY 8/22, 8/27, 8/28, 9/3, 9/4 | Chinook | 7" |
6AM 9/10 | - | 8PM 9/12 | Coho | 5" | ||
6AM 9/17 | - | 8PM 9/19 | ||||
6AM 9/23 | - | 8PM 10/27 | ||||
6AM 10/29 | - | 4PM 11/2 | Chum | 6 1/4" | ||
6AM 11/5 | - | 4PM 11/9 | ||||
6AM 11/12 | - | 4PM 11/16 | ||||
6AM 11/19 | - | 4PM 11/23 | ||||
6AM 11/26 | - | 4PM 11/30 | ||||
6AM 12/3 | - | 4PM 12/7 | ||||
7C: | 7PM | - | 9AM | NIGHTLY 8/22, 8/27, 8/28, 9/3, 9/4 | Chinook | 7" |
8: | 6AM | - | 11PM | 8/29, 8/30 | Pink | 5" |
Note: In Area 8 pink directed fisheries, it is unlawful to use other than 5-inch minimum and 5 1/2-inch maximum mesh, no greater than 60 meshes in depth. | ||||||
7AM | - | 8PM | 11/6 | Chum | 6 1/4" | |
8A: | 6AM | - | 11PM | 8/20, 8/28 | Pink | 5" |
Note: In Area 8A, on August 20, 2001, it is unlawful to fish for pink salmon south of a line drawn from the Mukilteo ferry dock to the Clinton ferry dock on Whidbey Island. | ||||||
7AM | - | 8PM | 10/9, 10/16 | Coho | 5" | |
7AM | - | 8PM | 10/24, 10/25 | Chum | 6 1/4" | |
7AM | - | 8PM | 10/29, 10/30 | |||
7AM | - | 8PM | 11/7, 11/8 | |||
7AM | - | 8PM | 11/12, 11/13 | |||
7AM | - | 8PM | 11/19, 11/20 | |||
7AM | - | 8PM | 11/26, 11/27, 11/28 | |||
8D: | 6PM | - | 8AM | 9/25, 9/26, 9/27 | Coho | 5" |
6PM | - | 8AM | 10/1, 10/2, 10/3 | |||
6PM | - | 8AM | 10/8, 10/9, 10/10, 10/11 | |||
7AM | - | 8PM | 10/16 | |||
7AM | - | 8PM | 10/24, 10/25 | |||
7AM | - | 8PM | 10/29, 10/30 | |||
7AM | - | 8PM | 11/7, 11/8 | |||
7AM | - | 8PM | 11/12, 11/13 | Chum | 6 1/4" | |
7AM | - | 8PM | 11/19, 11/20 | |||
7AM | - | 8PM | 11/26, 11/27, 11/28 | |||
9A: | 6AM 9/16 through 8PM 10/27 | Coho | 5" | |||
Note: It is unlawful to retain chum salmon taken in Area 9A prior to October 1. Any chum salmon netted prior to October 1 must be released from the net by cutting the meshes ensnaring the fish. | ||||||
10,11: | 6PM | - | 8AM | 10/15 | Chum | 6 1/4" |
5PM | - | 8AM | 10/22 | |||
4PM | - | 8AM | 10/29, 10/30 | |||
4PM | - | 8AM | 11/5 | |||
4PM | - | 8AM | 11/12 | |||
Note: Area 10, 11 openings are contingent upon all participating fishers allowing WDFW observers aboard during fishing operations. Failure to allow observer coverage will result in a closure of the Area 10, 11 openings. | ||||||
12, 12B: | 7AM | - | 8PM | 10/15 | Chum | 6 1/4" |
7AM | - | 8PM | 10/22 | |||
7AM | - | 8PM | 10/29 | |||
7AM | - | 8PM | 11/7, 11/8 | |||
7AM | - | 8PM | 11/12 | |||
12C: | 7AM | - | 8PM | 11/12 | Chum | 6 1/4" |
All other saltwater and freshwater areas - closed. | ||||||
Nightly openings refer to the start date. | ||||||
Mesh size restrictions remain in effect from the opening date of a species management period until the opening date of a subsequent species management period. |
[Statutory Authority: RCW 77.12.047. 00-18-023 (Order 00-172), 220-47-411, filed 8/28/00, effective 9/28/00. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-47-411, filed 11/19/99, effective 12/20/99. 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.]
8/28, 8/29, 8/30, 8/31, 9/1, 9/4, 9/5, 9/6, 9/7, 9/8, 9/11, 9/12, 9/13, 9/14, 9/15, 9/18, 9/19, 9/20, 9/21, 9/22, 9/25, 9/26, 9/27, 9/28, 9/29, 10/2, 10/3, 10/4, 10/5, 10/6, 10/9, 10/10, 10/11, 10/12, 10/13)) |
[Statutory Authority: RCW 77.12.047. 00-18-023 (Order 00-172), 220-47-428, filed 8/28/00, effective 9/28/00. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-47-428, filed 11/19/99, effective 12/20/99. 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.]
The following section of the Washington Administrative Code is repealed:
WAC 220-47-304 | Puget Sound -- All citizen salmon species seasons and gill net mesh sizes. |