WSR 02-11-072

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed May 13, 2002, 3:51 p.m. ]

     Title of Rule: Commercial fishing rules.

     Purpose: Amend Willapa Bay fall salmon net rules.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: Amend Willapa Bay salmon net rules to conform with recommendations from the Pacific Fisheries Management Council.

     Reasons Supporting Proposal: Provide for commercial fishing opportunity.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 600 Capitol Way North, Olympia, 902-2930; Implementation: Lew Atkins, 600 Capitol Way North, Olympia, 902-2651; and Enforcement: Bruce Bjork, 600 Capitol Way North, Olympia, 902-2373.

     Name of Proponent: 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: Each spring, a series of salmon harvest recommendations are made by harvest managers and resource users in the context of the Pacific Fisheries Management Council. These recommendations affect harvest in coastal waters, which then sets escapement limits for internal waters such as Puget Sound, the coastal harbors, and the Columbia River. The proposals in this rule deal with the commercial salmon net fisheries in Willapa Bay. The rule on quick reporting will provide a better catch accounting.

     Proposal Changes the Following Existing Rules: Salmon seasons and areas. Salmon sales quick reporting.

NOTICE

     THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Evan Jacoby, Rules Coordinator, Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091 , AND RECEIVED BY July 22, 2002.


May 13, 2002

Evan Jacoby

Rules Coordinator

OTS-5682.1


AMENDATORY SECTION(Amending Order 01-104, filed 6/15/01, effective 7/16/01)

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)) 26 through 6:00 p.m. August ((28, 2001)) 27, 2002 Areas 2G east of a line drawn true north-south through Willapa ((Channel)) Bay entrance ((buoy12)) Day beacon 11, 2M, 2H west of Willapa Channel Marker 35, 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 9 through 6:00 p.m. September 10, 2001 Area 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 ((16)) 15 through 6:00 p.m. September 30, ((2001)) 2002
6:00 p.m. September ((16)) 15 through 6:00 p.m. September ((17)) 16 and 6:00 p.m. September ((23)) 22 through 6:00 p.m. September ((24, 2001)) 23, 2002 Area 2K
((7:30 a.m. October 3)) 6:00 p.m. September 30 through ((6:30)) 6:00 p.m. October 3 and ((7:30 a.m.)) 6:00 p.m. October ((11)) 9 through ((6:30)) 6:00 p.m. October ((11, 2001)) 10, 2002 Areas 2G east of a line drawn true north-south through Willapa ((Channel)) Bay entrance ((buoy 12)) Day beacon 11, 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)) 14 through 6:00 p.m. October ((18)) 17 and 6:00 p.m. October ((23)) 21 through 6:00 p.m. October ((25, 2001)) 23, 2002 Areas 2G west 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 drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
Noon, November 6 through noon November 30, ((2001)) 2002 Areas 2G, 2H, 2J and 2M

     (2) 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


     (3) Gill net gear restrictions - All areas:

     (a) Drift gill net gear only. It is unlawful to use set net gear.

     (b) Prior to September 1, ((2001)) 2002 - No maximum mesh restrictions.

     (c) September 1 through ((October 14, 2001)) September 30, 2002 - 6-inch maximum mesh, no more than 55 meshes deep. Net must hang straight from top to bottom. Strings may only be used to secure break away panels.

     (d) October ((15)) 1 through October 31, 2001 - 6-1/2 inch maximum mesh.

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


Other


     (4) All wholesale dealers and fishers retailing their fish will be required to report their landing by 10:00 a.m. the day following landing. Ticket information can be telephoned in by calling 1-866-791-1280 or faxing the information to 360-664-4689 or e-mailing to harborfishtickets@dfw.wa.gov. Report the dealer name, the purchasing location, the date of purchase, the fish ticket numbers, the gear used, the catch area, the species. The total number for each species and the total weight for each species.

[Statutory Authority: RCW 77.12.047. 01-13-055 (Order 01-104), § 220-40-027, filed 6/15/01, effective 7/16/01; 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.]

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