WSR 05-12-143

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 1, 2005, 11:18 a.m. ]

     Title of Rule and Other Identifying Information: Commercial fishing rules.

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 THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Evan Jacoby, Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091 , AND RECEIVED BY August 1, 2005.


     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rules amend the 2005 Puget Sound commercial salmon rules pursuant to the North of Falcon recommendations. They provide commercial fishing opportunity.

     Reasons Supporting Proposal: These rules have been agreed upon through a federal negotiated rule-making process.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

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

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

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

June 1, 2005

Evan Jacoby

Rules Coordinator

OTS-8118.2


AMENDATORY SECTION(Amending Order 78-16, filed 4/13/78)

WAC 220-47-001   ((General provision.)) Puget Sound salmon -- Quick reporting.   ((It shall be unlawful to take, fish for or possess salmon for commercial purposes in any Puget Sound Salmon Management and Catch Reporting Area unless taken lawfully by specific regulations in chapter 220-47 or 220-28 WAC.)) All Puget Sound salmon fisheries are designated as "quick reporting required" fisheries, and commercial purchasers and receivers must comply with the provisions of WAC 220-69-240(10).

[Statutory Authority: RCW 75.08.080. 78-05-018 (Order 78-16), § 220-47-001, filed 4/13/78; Order 77-14A, § 202-47-001 (codified as WAC 220-47-001), filed 4/21/77; Order 77-14, § 220-47-001, filed 4/15/77.]


AMENDATORY SECTION(Amending Order 04-202, filed 8/4/04, effective 9/4/04)

WAC 220-47-302   Puget Sound -- Lawful gear -- Gill net.   (1) ((Lawful)) It is unlawful to use drift gill net salmon gear in Puget Sound ((shall not)) that exceeds 1,800 feet in length ((nor)) or contains meshes of a size less than 5 inches, except in Area 9A, where gill nets may not exceed 600 feet in length, or be more than 60 mesh deep, or contain mesh size less than 5 inches.

     (2) ((Lawful)) It is unlawful to use skiff gill net salmon nets in Puget Sound ((shall not)) that exceed 300 feet in length ((and)) or 90 meshes in depth ((nor)), or contain meshes of a size less than 5 inches, except in Area 9A, where gill nets may not exceed 600 feet in length, or be more than 60 meshes deep, or contain mesh size less than 5 inches. It is unlawful to retrieve skiff gill nets ((must be retrieved)) by any means except hand (no hydraulics may be used). It is unlawful to fail to attend skiff gill 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) It is unlawful to take or fish for salmon with gill net gear 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 [210/30d](#12) diameter nylon twine.

     (5) It is unlawful to take or fish for salmon with gill net gear in Areas 7 or 7A between the dates of September 30 and October ((17)) 16 unless the gill net vessel has aboard and uses operable recovery boxes as described in this subsection.

     (a) Dimensions and capacities of required recovery boxes:

     (i) Recovery boxes must have two chambers, if one box, or it may be two boxes with one chamber in each box.

     (ii) Each recovery box chamber must have an inside length measurement of 48 inches, an inside width measurement of 10 inches, and an inside height measurement of 16 inches.

     (iii) Each chamber of the recovery box must have an inlet hole measuring between 3/4 inch and 1 inch in diameter, and the inlet hole must be centered horizontally across the door or wall of the chamber and the bottom of the hole must be located 1 3/4 inches above the floor of the chamber.

     (iv) Each chamber of the recovery box must include a water outlet hole on the opposite wall from the inlet hole, and the outlet hole must be at least 1 1/2 inches in diameter with the bottom of the outlet hole located 12 inches above the floor of the chamber.

     (v) Flow of water through each chamber of the recovery boxes must be not less than 16 gallons per minute nor more than 20 gallons per minute.

     (b) Each box and chamber must be operating during any time that the net is being retrieved or picked.

     (c) The vessel operator must demonstrate to department employees, upon request, that the pumping system is delivering the proper volume of fresh seawater into each chamber.

     (d) All salmon not to be retained must be released immediately with care and the least possible injury to the fish, or placed into the operating recovery box.

     (e) Any fish that is bleeding or lethargic must be placed in the recovery box prior to being released.

     (f) All fish placed in the recovery boxes must be released within the same catch area as the area of capture, and the release must occur prior to landing or docking.

     (6) It is unlawful to fish for salmon with gill net gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in possession of a department-issued certification card.

[Statutory Authority: RCW 77.12.047. 04-16-125 (Order 04-202), § 220-47-302, filed 8/4/04, effective 9/4/04; 03-18-005 (Order 03-210), § 220-47-302, filed 8/20/03, effective 9/20/03. Statutory Authority: RCW 75.08.080. 99-24-011 (99-202), § 220-47-302, filed 11/19/99, effective 12/20/99; 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.]

     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.
AMENDATORY SECTION(Amending Order 04-202, filed 8/4/04, effective 9/4/04)

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:


((AREA TIME DATE
7, 7A: 7AM - 6PM with use of recovery box 10/13, 10/14
7AM - 3:15 PM without use of recovery box
8AM - 6 PM with use of recovery box 10/20, 10/21, 10/27, 10/28
8AM - 3:30 PM without use of recovery box
7AM - 5 PM with use of recovery box 11/3, 11/4
7AM - 2:30 PM without use of recovery box
7B, 7C: 6AM - 8PM 8/18, 8/25, 9/1 Limited participation, 4 boats to be selected by lottery
7B: 7AM 9/7 - 8PM 9/9
7AM 9/13 - 7PM 9/15
7AM 9/19 - 4PM 10/23
7AM 10/25 - 4PM 10/29
7AM 11/1 - 4PM 11/5
7AM 11/8 - 4PM 11/12
7AM 11/15 - 4PM 11/19
7AM 11/22 - 4PM 11/26
8AM 11/29 - 4PM 12/3
Note: That portion of Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor is open to purse seines beginning 12:01 a.m. on the last Monday in October and is open until 4:00 p.m. on the first Friday in December.
8A: 7AM - 7PM 9/27, 10/4 Limited participation, 2 boats to be selected by lottery
7AM - 6PM 10/11
8AM - 6PM 10/18, 10/25, 10/27
7AM - 5PM 11/3, 11/8, 11/10, 11/17
7AM - 4PM 11/22, 11/24
8D: 7AM - 7PM 9/23, 10/4
7AM - 6PM 10/11
8AM - 6PM 10/18, 10/25, 10/27
7AM - 5PM 11/3, 11/8, 11/10, 11/17
7AM - 4PM 11/22, 11/24
10, 11: 7AM - 6PM 10/11
8AM - 6PM 10/18, 10/25, 10/26
7AM - 5PM 11/1, 11/8, 11/15
7AM - 4PM 11/22
12, 12B: 8AM - 6PM 10/18, 10/25, 10/26
7AM - 5PM 11/1, 11/8, 11/15
12C: 7AM - 5PM 11/9, 11/16
7AM - 4PM 11/23))

AREA TIME DATE
7, 7A: 7AM - 6PM with use of recovery box 7AM - 3:15PM without use of recovery box 10/12, 10/13, 10/19, 10/20, 10/26, 10/27
7AM - 5PM with use of recovery box

7AM - 2:30PM without use of recovery box

11/2, 11/3
7B, 7C: 6AM - 8PM 8/17, 8/24, 8/31
7AM - 7PM 9/7
7B: 7AM - 7PM - 9/12, 9/13, 9/14
7AM 9/18 - 8PM 10/29
7AM 10/31 - 4PM 11/4
7AM 11/7 - 4PM 11/11
7AM 11/14 - 4PM 11/18
7AM 11/21 - 4PM 11/25
8AM 11/28 - 4PM 12/2
Note: That portion west of a line from Point Francis (48°41'42"N, 122°36'40"W) to the red and green buoy southeast of Point Francis (48°40'22"N, 122°35'30"W) then to the northernmost tip of Eliza Island (48°39'37"N, 122°35'45"W) then along the eastern shore of the island to a point intersecting a line drawn through Eliza Rock Light (48°38'35"N, 122°34'40"W) and Fish Point (48°34'35"N, 122°29'45"W) and then southeastward along that line to Fish Point is closed 9/1-9/30.

Note: That portion of Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor is open to purse seines beginning 12:01 a.m. on the last Monday in October and is open until 4:00 p.m. on the first Friday in December.

8A: 7AM - 7PM Limited participation - two boats (9/26, 10/3).
7AM - 6PM 10/10, 10/17, 10/24, 10/26
7AM - 5PM 11/2, 11/7, 11/9, 11/16
7AM - 4PM 11/21, 11/23
8D: 7AM - 7PM 9/22, 9/26, 10/3
7AM - 6PM 10/10, 10/17, 10/24, 10/26
7AM - 5PM 11/2, 11/7, 11/9, 11/16
7AM - 4PM 11/21, 11/23
10, 11: 7AM - 6PM 10/10, 10/17, 10/24, 10/26
7AM - 5PM 10/31, 11/7, 11/14
7AM - 4PM 11/21
12, 12B: 7AM - 6PM 10/17, 10/24, 10/26
7AM - 5PM 10/31, 11/7, 11/14
12C: 7AM - 5PM 11/8, 11/15
7AM - 4PM 11/22

     It is unlawful to retain the following salmon species taken with purse seine gear within the following areas during the following periods:

     Chinook salmon - at all times in Areas 7, 7A, 8, 8A, 8D, 10, 11, 12, 12B, and 12C and after October 30 in Area 7B

     Coho salmon - at all times in Areas 7, 7A, 10, and 11, and prior to September ((8)) 11 in Area 7B

     Sockeye salmon - prior to September ((8)) 24 in Areas 7B and 7C

     Chum salmon - prior to October 1 in Areas 7 and 7A. All other saltwater and freshwater areas - closed.

[Statutory Authority: RCW 77.12.047. 04-16-125 (Order 04-202), § 220-47-311, filed 8/4/04, effective 9/4/04; 03-18-005 (Order 03-210), § 220-47-311, filed 8/20/03, effective 9/20/03; 02-16-004 (Order 02-167), § 220-47-311, filed 7/25/02, effective 8/25/02; 01-13-056 (Order 01-106), § 220-47-311, filed 6/15/01, effective 7/16/01; 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.]


AMENDATORY SECTION(Amending Order 04-202, filed 8/4/04, effective 9/4/04)

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) In Areas 7 and 7A and prior to September 5 in Areas 7B and 7C, 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.

     (5) ((If fishers are enrolled in the "rolling wedge" evaluation program, they may use the rolling wedge in lieu of brailing provided they comply with the following conditions:

     (a) Have enrolled by contacting the department at 360-902-2717 prior to June 1, 2004;

     (b) Pay the funding fee of $100 per day of the opening;

     (c) Allow WDFW observer on board for all fishing activities;

     (d) No more than 125 fish may be on deck at any one time;

     (e) Place all lethargic or injured fish in the operating recovery box until they appear recovered or they are dead;

     (f) Dimensions and capacities of required recovery boxes:

     (i) Recovery boxes must have two chambers, if one box, or it may be two boxes with one chamber in each box;

     (ii) Each recovery box chamber must have an inside length measurement of not less than 39 1/2 inches nor more than 48 inches, an inside width measurement of not less than 8 inches nor more than 10 inches, and an inside height measurement of not less than 14 inches nor more than 16 inches;

     (iii) Each chamber of the recovery box must have an inlet hole measuring between 3/4 inch and 1 inch in diameter, and the inlet hole must be centered horizontally across the door or wall of the chamber and the bottom of the hole must be located 1 3/4 inches above the floor of the chamber;

     (iv) Each chamber of the recovery box must include a water outlet hole on the opposite wall from the inlet hole, and the outlet hole must be at least 1 1/2 inches in diameter with the bottom of the outlet hole located 12 inches above the floor of the chamber;

     (v) Flow of water through each chamber of the recovery boxes must be not less than 16 gallons per minute nor more than 20 gallons per minute;

     (g) Each box and chamber must be operating during any time that the net is being retrieved or picked;

     (h) The vessel operator must demonstrate to department employees, upon request, that the pumping system is delivering the proper volume of fresh seawater into each chamber;

     (i) All salmon not to be retained must be released immediately with care and the least possible injury to the fish, or placed into the operating recovery box.)) Fishers using a recovery box must have and operate the box in compliance with the provisions of WAC 220-47-302 (5)(a) through (f), and it is unlawful to fail to do so.

[Statutory Authority: RCW 77.12.047. 04-16-125 (Order 04-202), § 220-47-325, filed 8/4/04, effective 9/4/04; 03-18-005 (Order 03-210), § 220-47-325, filed 8/20/03, effective 9/20/03. Statutory Authority: RCW 75.08.080. 99-24-011 (99-202), § 220-47-325, filed 11/19/99, effective 12/20/99; 97-16-030 (Order 97-124), § 220-47-325, filed 7/29/97, effective 8/29/97.]


AMENDATORY SECTION(Amending Order 04-202, filed 8/4/04, effective 9/4/04)

WAC 220-47-401   Reef net open periods.   (1) 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 ((9/12 - 11/13)) 9/25 - 11/12

     (2) It is unlawful to retain chinook salmon taken with reef net gear at all times, and it is unlawful to retain chum or wild coho salmon taken with reef net gear prior to October 1.

     (3) All other saltwater and freshwater areas - closed.

[Statutory Authority: RCW 77.12.047. 04-16-125 (Order 04-202), § 220-47-401, filed 8/4/04, effective 9/4/04; 03-18-005 (Order 03-210), § 220-47-401, filed 8/20/03, effective 9/20/03; 02-16-004 (Order 02-167), § 220-47-401, filed 7/25/02, effective 8/25/02; 01-13-056 (Order 01-106), § 220-47-401, filed 6/15/01, effective 7/16/01; 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.]


AMENDATORY SECTION(Amending Order 04-202, filed 8/4/04, effective 9/4/04)

WAC 220-47-411   Gill net -- Open periods.   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) MINIMUM MESH
6D: 7AM - 7PM 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 5"
10/11, 10/12, 10/13, 10/14, 10/15
10/18, 10/19, 10/20, 10/21, 10/22, 10/25, 10/26, 10/27, 10/28, 10/29
Note: In Area 6D it is unlawful to use other than 5-inch minimum and 5 1/2-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, chum or pink salmon required to be released, must be removed from the net by cutting the meshes ensnaring the fish.
7, 7A: 7AM - 8PM Use of recovery box required 10/13, 10/14 6 1/4"
8AM - 8PM Use of recovery box not required 10/20, 10/21, 10/27, 10/28
7AM - 7PM 11/3, 11/4
Note: In Areas 7 and 7A after September 30 but prior to October 20, it is unlawful to use a net soak time of more than 45 minutes. Net soak time is defined as the time elapsed from when the first of the gill net web enters the water until the gill net is fully retrieved from the water.
7B/7C: 7PM - 7AM NIGHTLY 8/16, 8/22, 8/24, 8/26, 8/29, 8/31, 9/2 7"
7B: 7PM - 8AM NIGHTLY 9/6, 9/7, 9/9 5"
6PM - 8AM NIGHTLY 9/12, 9/14, 9/16
7AM 9/19 - 8PM 10/23
8AM 10/25 - 4PM 10/29 6 1/4"
7AM 11/1 - 4PM 11/5
7AM 11/8 - 4PM 11/12
7AM 11/15 - 4PM 11/19
7AM 11/22 - 4PM 11/26
8AM 11/29 - 4PM 12/3
Note: That portion of Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor is open to gill nets using 6 1/4-inch minimum mesh beginning 12:01AM on the last day in October and is open until 4:00 PM on the first Friday in December.
8A: 6PM - 8AM NIGHTLY 10/5 5"
5PM - 8AM NIGHTLY 10/12, 10/14, 10/15
8AM - 8PM 10/19, 10/21, 10/22, 10/25, 10/26, 10/27, 10/28 6 1/4 "
7AM - 7PM 11/2, 11/4, 11/5, 11/9, 11/11, 11/12, 11/16, 11/18, 11/19
7AM - 6PM 11/23, 11/25, 11/26
8D: 6PM - 8AM NIGHTLY 9/19, 9/21, 9/23, 9/26, 9/28, 9/30, 10/3, 10/5, 10/7 5"
5PM - 8AM NIGHTLY 10/10, 10/12, 10/14
5PM - 9AM NIGHTLY 10/17, 10/19, 10/21
5PM - 9AM NIGHTLY 10/25, 10/26, 10/27, 10/28 6 1/4"
4PM - 8AM NIGHTLY 10/31, 11/2, 11/4, 11/8, 11/9, 11/10, 11/11, 11/14, 11/16, 11/18 6 1/4"
3PM - 8AM NIGHTLY 11/22, 11/23, 11/24, 11/25
9A: 7PM - 7AM NIGHTLY 8/24, 8/26 5"
6AM 8/29 - 8PM 10/30
Note: It is unlawful to retain chum salmon taken in Area 9A prior to October 1 and unlawful to retain chinook salmon at any time. Any salmon not to be retained must be released from the net by cutting the meshes ensnaring the fish.
10, 11: 5PM - 8AM NIGHTLY 10/10, 10/12, 10/14 6 1/4"
5PM - 9AM NIGHTLY 10/17, 10/19, 10/21, 10/24, 10/26, 10/28
4PM - 8AM NIGHTLY 10/31, 11/2, 11/4, 11/7, 11/9, 11/11
12, 12B: 8AM - 8PM 10/19, 10/20, 10/21, 10/26, 10/28, 10/29 6 1/4"
7AM - 7PM 11/1, 11/2, 11/4, 11/9, 11/10, 11/11, 11/16, 11/17, 11/18
12C: 7AM - 7PM 11/9, 11/10, 11/11, 11/16, 11/17, 11/18 6 1/4"
7AM - 6PM 11/23, 11/24, 11/25
All other saltwater and freshwater areas - closed.
Nightly openings refer to the start date.
Within an area or areas, a mesh size restriction remains in effect from the first date indicated until a mesh size change is shown, and the new mesh size restriction remains in effect until changed.))

AREA TIME DATE(S) MINIMUM MESH
6D: Skiff gill net only. 7 AM - 7 PM 9/21, 9/22, 9/23, 9/26, 9/27, 9/28, 9/29, 9/30, 10/3, 10/4, 10/5, 10/6, 10/7, 10/10, 10/11, 10/12, 10/13, 10/14, 10/17, 10/18, 10/19, 10/20, 10/21, 10/24, 10/25, 10/26, 10/27, 10/28 5"
Note: In Area 6D it is unlawful to use other than 5-inch minimum and 5 1/2-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, chum or pink salmon required to be released, must be removed from the net by cutting the meshes ensnaring the fish.
7, 7A: 7AM - 8PM Use of recovery box required 10/12, 10/13 6 1/4"
8AM - 8PM 10/19, 10/20, 10/26, 10/27 6 1/4"
7AM - 7PM 11/2, 11/3 6 1/4"
Note: In Areas 7 and 7A after September 30 but prior to October 16, coho and chinook salmon must be released and it is unlawful to use a net soak time of more than 45 minutes. Net soak time is defined as the time elapsed from when the first of the gill net web enters the water until the gill net is fully retrieved from the water. Fishers must also use a recovery box in compliance with WAC 220-47-302 (5)(a) through (f).
7B/7C: 7PM - 7AM NIGHTLY 8/15, 8/21, 8/23, 8/25, 8/28, 8/30, 9/1 7"
6PM - 8AM NIGHTLY 9/5, 9/6, 9/8 7"
7B: 6PM - 8AM NIGHTLY 9/11, 9/13, 9/15 5"
7AM 9/18 - 8PM 10/29 5"
7AM 10/31 - 4PM 11/4 6 1/4"
7AM 11/7 - 4PM 11/11 6 1/4"
7AM 11/14 - 4PM 11/18 6 1/4"
7AM 11/21 - 4PM 11/25 6 1/4"
8AM 11/28 - 4PM 12/2 6 1/4"
Note: That portion west of a line from Point Francis (48°41'42"N, 122°36'40"W) to the red and green buoy southeast of Point Francis (48°40'22"N, 122°35'30"W) then to the northernmost tip of Eliza Island (48°39'37" N, 122°35'45"W) then along the eastern shore of the island to a point intersecting a line drawn through Eliza Rock Light (48°38'35"N, 122°34'40"W) and Fish Point (48°34'35"N, 122°29'45"W) and then southeastward along that line to Fish Point is closed 9/1-9/30.

Note: That portion of Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor is open to gill nets using 6 1/4-inch minimum mesh beginning 12:01 AM on the last day in October and is open until 6:00 PM on the first Friday in December.

8A: 6PM - 8AM NIGHTLY 10/4 5"
5PM - 8AM NIGHTLY 10/11, 10/13, 10/14 5"
8AM - 8PM 10/18, 10/20, 10/21 5"
8AM - 8PM 10/24, 10/25, 10/26, 10/27 6 1/4"
7AM - 7PM 11/1, 11/3, 11/4, 11/8, 11/10, 11/11, 11/15, 11/17, 11/18 6 1/4"
7AM -

    

6PM 11/22, 11/24, 11/25 6 1/4"
8D: 6PM - 8AM NIGHTLY 9/18, 9/20, 9/22, 9/25, 9/27, 9/29, 10/2, 10/4, 10/6 5"
5PM -

    

8AM NIGHTLY 10/9, 10/11, 10/13, 10/16, 10/18, 10/20 5"
8AM - 8PM 10/27, 10/28 5"
7AM - 7PM 11/3, 11/4 5"

    

7AM - 7PM 11/10, 11/11, 11/17, 11/18 6 1/4"
7AM - 6PM 11/24, 11/25 6 1/4"
9A: 7PM - 7AM NIGHTLY 8/23, 8/25 5"
7AM 8/28 - 8PM 10/29 5"
Note: It is unlawful to retain chum salmon taken in Area 9A prior to October 1 and unlawful to retain chinook salmon at any time. Any salmon not to be retained must be released from the net by cutting the meshes ensnaring the fish.
10, 11: 4PM - 7AM NIGHTLY 10/9 6 1/4"
5PM - 8AM NIGHTLY 10/11, 10/12 6 1/4"
4PM - 7AM NIGHTLY 10/16 6 1/4"
5PM - 8AM NIGHTLY 10/18, 10/19, 10/23, 10/25, 10/26 6 1/4"
4PM - 7AM NIGHTLY 10/30 6 1/4"
4PM - 8AM NIGHTLY 11/1, 11/2 6 1/4"
4PM - 7AM NIGHTLY 11/6 6 1/4"
4PM - 8AM NIGHTLY 11/8, 11/9 6 1/4"
4PM - 7AM NIGHTLY 11/13 6 1/4"
4PM - 8AM NIGHTLY 11/15, 11/16 6 1/4"
4PM - 7AM NIGHTLY 11/20 6 1/4"
3PM - 8AM NIGHTLY 11/22, 11/23 6 1/4"
12A: Skiff gill net only. 7AM - 7PM 8/22, 8/31, 9/7, 9/14, 9/21, 9/28 5"
Note: In Area 12A it is unlawful to use other than 5-inch minimum and 5 1/2-inch maximum mesh in the skiff gill net fishery. It is unlawful to retain chinook or pink salmon taken in Area 12A at any time, any salmon required to be released, must be removed from the net by cutting the meshes ensnaring the fish.
12, 12B: 8AM - 8PM 10/18, 10/19, 10/20, 10/25, 10/27, 10/28 6 1/4"
7AM - 7PM 11/1, 11/2, 11/3, 11/8, 11/9, 11/10, 11/15, 11/16, 11/17 6 1/4"
12C: 7AM - 7PM 11/8, 11/9, 11/10, 11/15, 11/16, 11/17 6 1/4"
7AM - 6PM 11/22, 11/23, 11/24 6 1/4"
All other saltwater and freshwater areas - closed.
Nightly openings refer to the start date.
Within an area or areas, a mesh size restriction remains in effect from the first date indicated until a mesh size change is shown, and the new mesh size restriction remains in effect until changed.

[Statutory Authority: RCW 77.12.047. 04-16-125 (Order 04-202), § 220-47-411, filed 8/4/04, effective 9/4/04; 03-16-101 (Order 03-179), § 220-47-411, filed 8/6/03, effective 9/6/03; 02-16-004 (Order 02-167), § 220-47-411, filed 7/25/02, effective 8/25/02; 01-13-056 (Order 01-106), § 220-47-411, filed 6/15/01, effective 7/16/01; 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.]


AMENDATORY SECTION(Amending Order 04-202, filed 8/4/04, effective 9/4/04)

WAC 220-47-428   Beach seine -- Open periods.   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)
7B 7AM - 7PM Daily 10/11, 10/12, 10/13, 10/14, 10/15, 10/18, 10/19, 10/20, 10/21, 10/22, 10/25, 10/26, 10/27, 10/28, 10/29, 11/1, 11/2, 11/3, 11/4, 11/5, 11/8, 11/9, 11/10, 11/11, 11/12
12A 7AM - 7PM Daily 8/23, 8/24, 8/25, 8/26, 8/27, 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
Note: By condition of the salmon experimental beach seine permit, only the following waters of Area 7B and Area 12A are open to beach seine fishing for salmon during the open dates designated in WAC 220-47-428:
Area 7B - Those waters of Area 7B lying northerly and easterly of a line extending from Governors Point to the Red #2 bell buoy to the point where the pipeline from Tilbury Cement Pier contacts the shore.
Area 12A - Those waters of Area 12A lying northerly of a line extending from Whitney Point to the flashing light off Fishermans Point then to Fishermans Point on the Bolton Peninsula.))

     All areas: Closed.

     It is unlawful to retain chinook taken with beach seine gear in all areas, and unlawful to retain chum from Area 12A.

[Statutory Authority: RCW 77.12.047. 04-16-125 (Order 04-202), § 220-47-428, filed 8/4/04, effective 9/4/04; 03-18-005 (Order 03-210), § 220-47-428, filed 8/20/03, effective 9/20/03; 02-16-004 (Order 02-167), § 220-47-428, filed 7/25/02, effective 8/25/02; 01-13-056 (Order 01-106), § 220-47-428, filed 6/15/01, effective 7/16/01; 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.]

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