WSR 08-15-031

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-167 -- Filed July 8, 2008, 5:11 p.m. , effective August 8, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Amend rules for commercial salmon fishing in Puget Sound, including WAC 220-47-301, 220-47-303, 220-47-307, 220-47-311, 220-47-325, 220-47-401, and 220-47-411.

Citation of Existing Rules Affected by this Order: Amending Order 04-202, filed 8/4/04, effective 9/4/04; and amending WSR 07-20-006, filed 9/20/07, effective 10/21/07.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

Adopted under notice filed as WSR 08-11-123 on May 21, 2008.

Changes Other than Editing from Proposed to Adopted Version: This concise explanatory statement (CES) applies to the CR-103 filed for the 2008 North of Falcon - Puget Sound commercial salmon rules. There are no changes from the proposed to adopted version of these rules. The rules are the same for the CR-103 as they were for the CR-102, which was filed as WSR 08-11-123 on May 21, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 7, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 8, 2008.

J. P. Koenings

Director

OTS-1542.1


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

WAC 220-47-301   Puget Sound -- Lawful gear -- Purse seine.   (1) Lawful purse seine salmon nets in Puget Sound ((shall)) must not exceed 1,800 feet in length along the cork line while wet, and purse seine and lead combined ((shall)) must not exceed 2,200 feet. Neither ((shall)) type can contain meshes of a size less than 3-1/2 inches((, nor shall the)). Meshes of the seine and lead cannot be lashed together to form one continuous piece of webbed gear. ((It shall be lawful)) A person may have, as part of the purse seine ((to have)), a bunt not more than 10 fathoms long ((which may contain)). However, the mesh ((of a)) size must not be less than 3-1/2 inches.

(2) It ((shall be)) is unlawful to take or fish for salmon in Puget Sound with purse seine gear ((in Puget Sound which)) that contains mesh webbing constructed of a twine-size smaller than 210/30d nylon, 12-thread cotton, or the equivalent diameter in any other material.

(3) It ((shall be)) is unlawful for any purse seine vessel to carry an extra lead or portion thereof unless stowed below decks during the fishing operation((, nor may)). It is also unlawful to carry an extra lead or portion thereof ((be carried)) aboard ((its)) the skiff of the purse seine vessel.

(4) Purse seine mesh size ((shall be)) is defined as the distance between the inside of one knot to the outside of the opposite vertical knot of one mesh. Minimum mesh size is met if a wedge of legal size can be passed without undue force through the mesh while the mesh is wet.

(5) A purse seine ((will)) is not ((be)) considered to be fishing once both ends of the seine are attached to the primary vessel.

(6) It ((shall be)) is unlawful to take or fish for salmon with purse seine gear in Puget Sound unless at least four sections, each measuring no less than 12 inches in length((,)) along the ((corkline)) cork line in the bunt, and within 75 fathoms of the bunt, have no corks or floats attached. These four sections must be spaced such that one section is along the ((corkline)) cork line in the bunt, within 5 fathoms of the seine net, and the other three sections ((must be)) are spaced at least 20 fathoms apart along the ((corkline)) cork line within 75 fathoms of the bunt.

(7) When brailing is required, it is unlawful to take or fish for salmon with purse seine gear unless the purse seine 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 per box if one box is used, or one chamber per box if two boxes are used.

(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. 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 in the water.

(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 that will not be retained must be released immediately with care and with 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.

(8) It is unlawful to fish for salmon with purse seine gear in Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in immediate possession of a department-issued certification card.

[Statutory Authority: RCW 77.12.047. 04-16-125 (Order 04-202), 220-47-301, filed 8/4/04, effective 9/4/04; 03-05-076 (Order 03-34), 220-47-301, filed 2/18/03, effective 3/21/03; 01-07-015 (Order 01-32), 220-47-301, filed 3/13/01, effective 4/13/01. Statutory Authority: RCW 75.08.080. 97-16-030 (Order 97-124), 220-47-301, filed 7/29/97, effective 8/29/97; 87-15-059 (Order 87-72), 220-47-301, filed 7/14/87; 86-13-038 (Order 86-46), 220-47-301, filed 6/12/86; Order 988, 220-47-301, filed 4/28/72.]


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

WAC 220-47-303   Puget Sound -- Lawful gear -- Reef nets.   (1) Lawful reef net salmon nets in Puget Sound ((shall)) must not exceed 300 meshes on any side nor contain meshes of a size less than 3-1/2 inches nor utilize more than two leads. Each of ((said)) the leads ((shall)) must not exceed 200 feet in length, measured from the bows of the reef net boats to the nearest end of the head buoys. The use of any false, detached, or auxiliary lead ((shall be)) is unlawful.

(2) It is unlawful to retain Chinook salmon with reef net gear unless the vessel operator is in immediate possession of a department-issued Puget Sound reef net logbook. Completed logs must be submitted and received within six working days to the department.

(3) It is unlawful to fish for salmon with reef net gear in Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in immediate possession of a department-issued certification card.

[Statutory Authority: RCW 77.12.047. 04-16-125 (Order 04-202), 220-47-303, filed 8/4/04, effective 9/4/04; Order 988, 220-47-303, filed 4/28/72.]


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

WAC 220-47-307   Closed areas -- Puget Sound salmon.   It is unlawful at any time, unless otherwise provided, to take, fish for, or possess salmon taken for commercial purposes with any type of gear from the following portions of Puget Sound Salmon Management and Catch Reporting Areas, except that closures listed in this section ((shall)) do not apply to reef net fishing areas listed in RCW 77.50.050:

Areas 4B, 5, 6, 6B, and 6C - The Strait of Juan de Fuca Preserve as defined in WAC 220-47-266.

Area 6D - That portion within 1/4-mile of each mouth of the Dungeness River.

Area 7 - (1) The San Juan Island Preserve as defined in WAC 220-47-262.

(2) Those waters within 1,500 feet of shore on Orcas Island from Deer Point northeasterly to Lawrence Point, thence west to a point intercepting a line projected from the northernmost point of Jones Island, thence 90 true to Orcas Island.

(3) Those waters within 1,500 feet of the shore of Cypress Island from Cypress Head to the northernmost point of Cypress Island.

(4) Those waters easterly of a line projected from Iceberg Point to Iceberg Island, to the easternmost point of Charles Island, then true north from the northernmost point of Charles Island to the shore of Lopez Island.

(5) Those waters northerly of a line projected from the southernmost point of land at Aleck Bay to the westernmost point of Colville Island, thence from the easternmost point of Colville Island to Point Colville.

(6) Those waters easterly of a line projected from Biz Point on Fidalgo Island to the Williamson Rocks Light, thence to the Dennis Shoal Light, thence to the light on the westernmost point of Burrows Island, thence to the southwestern-most point of Fidalgo Head, and including those waters within 1,500 feet of the western shore of Allan Island, those waters within 1,500 feet of the western shore of Burrows Island, and those waters within 1,500 feet of the shore of Fidalgo Island from the southwestern-most point of Fidalgo Head northerly to Shannon Point.

(7) Additional Fraser sockeye and pink seasonal closure:

Those waters within 1,500 feet of the shore of Fidalgo Island from the Initiative 77 marker northerly to Biz Point.

(8) Those waters within 1,500 feet of the eastern shore of Lopez Island from Point Colville northerly to Lopez Pass, and those waters within 1,500 feet of the eastern shore of Decatur Island from the southernmost point of land northerly to Fauntleroy Point, and including those waters within 1,500 feet of the shore of James Island.

Area 7A - The Drayton Harbor Preserve as defined in WAC 220-47-252.

Area 7B - That portion south and east of a line from William Point on Samish Island to Saddlebag Island to the southeastern tip of Guemes Island, and that portion northerly of the railroad trestle in Chuckanut Bay.

Area 7C - That portion southeasterly of a line projected from the mouth of Oyster Creek 237 true to a fishing boundary marker on Samish Island.

Area 8 - (1) That portion of Skagit Bay easterly of a line projected from Brown Point on Camano Island to a white monument on the easterly point of Ika Island, thence across the Skagit River to the terminus of the jetty with McGlinn Island.

(2) Those waters within 1,500 feet of the western shore of Camano Island south of a line projected true west from Rocky Point.

Area 8A - (1) Those waters easterly of a line projected from Mission Point to Buoy C1, excluding the waters of Area 8D, thence through the green light at the entrance jetty of the Snohomish River and across the mouth of the Snohomish River to landfall on the eastern shore, and those waters northerly of a line from Camano Head to the northern boundary of Area 8D.

(2) Additional pink and coho seasonal closure prior to October 3: Those waters southerly of a line projected from the Clinton ferry dock to the Mukilteo ferry dock.

Area 8D - Those waters easterly of a line projected from Mission Point to Hermosa Point.

Area 9 - Those waters lying inside and westerly of a line projected from the Point No Point light to Sierra Echo buoy, thence to Forbes Landing wharf((,)) east of Hansville.

Area 10 - (1) Those waters easterly of a line projected from Meadow Point to West Point.

(2) Those waters of Port Madison ((northwest)) westerly of a line ((from the Agate Pass entrance light to the light on the end of the Indianola dock)) projected from Point Jefferson to the northernmost portion of Point Monroe.

(3) Additional coho seasonal closure: Those waters of Elliott Bay east of a line from Alki Point to the light at Fourmile Rock, and those waters northerly of a line projected from Point Wells to "SF" Buoy, then west to President's Point.

Area 10E - Those waters of Liberty Bay north of a line projected due east from the southernmost Keyport dock, those waters of Dyes Inlet north of the Manette Bridge, and those waters of Sinclair Inlet southwest of a line projected true east from the Bremerton ferry terminal.

Area 11 - (1) Those waters northerly of a line projected true west from the light at the mouth of Gig Harbor, and those waters south of a line from Browns Point to the northernmost point of land on Point Defiance.

(2) Additional coho seasonal closure: Those waters south of a line projected from the light at the mouth of Gig Harbor to the Tahlequah ferry dock, then south to the Point Defiance ferry dock, and those waters south of a line projected from the Point Defiance ferry dock to Dash Point.

Area 12 - Those waters inside and easterly of a line projected from Lone Rock to the navigation light off Big Beef Creek, thence southerly to the tip of the outermost northern headland of Little Beef Creek.

Area 12A - Those waters north of a line projected due east from Broad Spit.

Area 12B - Those waters within 1/4-mile of the mouths of the Dosewallips, Duckabush, and Hamma Hamma rivers and Anderson Creek.

Areas 12, 12A, and 12B - Additional Chinook seasonal closure: Those waters north and east of a line projected from Tekiu Point to Triton Head.

Areas 12, 12B and 12C - Those waters within 1,000 feet of the eastern shore.

Area 12C - (1) Those waters within 2,000 feet of the western shore between the dock at Glen Ayr R.V. Park and the Hoodsport marina dock.

(2) Those waters south of a line projected from the Cushman Powerhouse to the public boat ramp at Union.

(3) Those waters within 1/4-mile of the mouth of the Dewatto River.

Areas 12 and 12D - Additional coho and chum seasonal closure: Those waters of Area 12 south and west of a line projected 94 degrees true from Hazel Point to the light on the opposite shore, bounded on the west by the Area 12/12B boundary line, and those waters of Area 12D.

Area 13A - Those waters of Burley Lagoon north of State Route 302((,)); those waters within 1,000 feet of the outer oyster stakes off Minter Creek Bay, including all waters of Minter Creek Bay((,)); those waters westerly of a line drawn due north from Thompson Spit at the mouth of Glen Cove((,)); and those waters within 1/4-mile of Green Point.

[Statutory Authority: RCW 77.12.047. 04-16-125 (Order 04-202), 220-47-307, filed 8/4/04, effective 9/4/04; 03-18-005 (Order 03-210), 220-47-307, filed 8/20/03, effective 9/20/03. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-47-307, filed 11/19/99, effective 12/20/99. Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), 220-47-307, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 97-16-030 (Order 97-124), 220-47-307, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), 220-47-307, filed 7/22/96, effective 8/22/96; 95-13-056 (Order 95-75), 220-47-307, filed 6/16/95, effective 7/17/95; 94-15-001 (Order 94-62), 220-47-307, filed 7/6/94, effective 8/6/94; 92-15-105 (Order 92-47), 220-47-307, filed 7/20/92, effective 8/20/92; 91-18-024 (Order 91-72), 220-47-307, filed 8/27/91, effective 9/27/91; 90-13-025 (Order 90-49), 220-47-307, filed 6/11/90, effective 7/12/90; 88-14-133 (Order 88-48), 220-47-307, filed 7/6/88; 85-13-032 (Order 85-60), 220-47-307, filed 6/12/85; 84-13-078 (Order 84-53), 220-47-307, filed 6/21/84; 83-14-020 (Order 83-57), 220-47-307, filed 6/28/83; 82-15-040 (Order 82-83), 220-47-307, filed 7/15/82; 81-18-017 (Order 81-101), 220-47-307, filed 8/25/81; 80-10-058 (Order 80-83), 220-47-307, filed 8/6/80.]


AMENDATORY SECTION(Amending WSR 07-20-006, filed 9/20/07, effective 10/21/07)

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 and during the periods provided for in each respective Management and Catch Reporting Area:


AREA TIME DATE
7, 7A: 7AM - 7PM ((with use of recovery box; 7AM - 4:00PM without use of recovery box)) - 10/((12)) 10
7AM - 6PM ((with use of recovery box; 7AM - 3:15PM without use of recovery box)) - ((10/17, 10/18, 10/19, 10/22, 10/23, 10/24, 10/25, 10/26, 10/29, 10/30, 10/31, 11/1, 11/2)) 10/15, 10/16, 10/17, 10/20, 10/21, 10/22, 10/23, 10/24, 10/27, 10/28, 10/29, 10/30, 10/31
7AM - 5PM ((with use of recovery box;

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

- ((11/5, 11/6, 11/7, 11/8, 11/9, 11/12, 11/13, 11/14, 11/15, 11/16)) 11/3, 11/4, 11/5, 11/6, 11/7, 11/10, 11/11, 11/12, 11/13, 11/14
Note: In Areas 7 and 7A, it is unlawful to fail to brail when fishing with purse seine gear. Any time brailing is required, purse seine fishers must also use a recovery box in compliance with WAC 220-47-301 (7)(a) through (f).
7B, 7C: 6AM - 8PM - ((8/22, 8/29, 9/5)) 8/20, 8/27, 9/3

7B: 7AM - 8PM - ((9/12)) 9/10
7AM - 7PM - ((9/17, 9/18, 9/19)) 9/15, 9/16, 9/18
7AM 9/((23)) 21 - 6PM 11/((3)) 1
7AM 11/((5)) 3 - 4PM 11/((9)) 7
7AM 11/((12)) 10 - 4PM 11/((16)) 14
7AM 11/((19)) 17 - 4PM 11/((23)) 21
7AM 11/((26)) 24 - 4PM 11/((30)) 28
8AM 12/((3)) 1 - 4PM 12/((7)) 5
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 at 12:01 a.m. on the last Monday in October and until 4:00 p.m. on the first Friday in December.
8: 7AM - 5PM - 11/((6)) 4, 11/11, 11/18
((7AM - 5PM 11/13
7AM - 5PM 11/20))
7AM - 4PM - 11/((27)) 25
8A: 7AM - 7PM - Limited participation - two boats (((10/1)) 9/29, 10/((8)) 6).
7AM - 6PM - 10/((15)) 13, 10/((22)) 20, 10/((30)) 27, ((11/1)) 10/29
7AM - 5PM - 11/((7)) 5, 11/((12)) 11, 11/((14)) 13, 11/((20)) 19
7AM - 4PM - 11/24, 11/26((, 11/28))
8D: 7AM - 7PM - 9/((24)) 22, ((10/1)) 9/29, 10/((8)) 6
7AM - 6PM - 10/((15)) 13, 10/((22)) 20, 10/((30)) 27, ((11/1)) 10/29
7AM - 5PM - 11/((7)) 5, 11/((12)) 11, 11/((14)) 13, 11/((20)) 19
7AM - 4PM - 11/24, 11/26((, 11/28))
10, 11: 7AM - 6PM - 10/((22)) 20, 10/((29)) 27, 10/((31)) 29
7AM - 5PM - 11/((5)) 3, 11/((12)) 10, 11/((14)) 12, 11/((19)) 17
7AM - 4PM - 11/((26)) 24
12, 12B: 7AM - 6PM; use of recovery box required - 10/((22)) 20, 10/((29)) 27, 10/((31)) 29
7AM - 5PM - 11/((5)) 3, 11/((12)) 10, 11/((19)) 12, 11/17
Note: In Areas 12 and 12B, it is unlawful to take or fish for salmon during any open period occurring from 10/19 through 11/1 with purse seine gear unless purse seine fishers are using a recovery box in compliance with WAC 220-47-301 (7)(a) through (f).
12C: 7AM - 5PM - 11/((13)) 10, 11/((20)) 17
7AM - 4PM - 11/((27)) 24

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 ((27)) 26 in Area 7B.

Coho salmon - at all times in Areas 7, 7A, 10, and 11, and prior to September ((9)) 7 in Area 7B, and wild coho in Areas 12, 12B, and 12C.

Chum salmon - prior to ((September 30)) October 1 in Areas 7 and 7A.

All other saltwater and freshwater areas - closed.

[Statutory Authority: RCW 77.12.047 and 77.04.020. 07-20-006, 220-47-311, filed 9/20/07, effective 10/21/07. Statutory Authority: RCW 77.12.047. 06-16-045 (Order 06-173), 220-47-311, filed 7/26/06, effective 8/26/06; 05-17-002 (Order 05-166), 220-47-311, filed 8/3/05, effective 9/3/05; 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 WSR 07-20-006, filed 9/20/07, effective 10/21/07)

WAC 220-47-325   Purse seine -- Release of incidentally caught fish.   (1) It is unlawful for any purse seine vessel operator landing salmon to do so directly into the hold. All salmon must be landed onto the deck or sorting tray or table of the harvesting vessel((,)) with the hold hatch cover(s) closed((,)) until ((the release of)) all salmon that ((may not)) cannot be retained ((is complete)) are released; and additionally:

(2) In Areas 7 and 7A, and prior to September ((16)) 14 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, unless otherwise provided for in this section.

(3) The brailer ((shall)) must 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)) must be opened by releasing a line running through rings attached to the bottom of the bag; and

(c) The web ((shall)) must be of soft knotless construction, and the mesh size ((may not)) cannot exceed 57 mm (2.25 inches) measured along two contiguous sides of a single mesh.

(4) Hand-held dip nets ((shall)) must be constructed of a shallow bag of soft, knotless web attached to a handle.

(5) Fish may be brought on board without using a brailer or dip net as specified in this section if the number of fish in the net is small enough that the crew can hand-pull the bunt onto the vessel without the use of hydraulic or mechanical assistance.

(6) In order for fishers ((using)) to participate in openings where brailing is required, fishers must use a recovery box ((must have)) and operate the box in compliance with the provisions of WAC ((220-47-302 (5))) 220-47-301 (7)(a) through (f)((, and)). It is unlawful to fail to do so.

[Statutory Authority: RCW 77.12.047 and 77.04.020. 07-20-006, 220-47-325, filed 9/20/07, effective 10/21/07. Statutory Authority: RCW 77.12.047. 06-16-045 (Order 06-173), 220-47-325, filed 7/26/06, effective 8/26/06; 05-17-002 (Order 05-166), 220-47-325, filed 8/3/05, effective 9/3/05; 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 WSR 07-20-006, filed 9/20/07, effective 10/21/07)

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 in each respective area:


AREA TIME ((-)) DATE(S)
7, 7A ((7AM)) 5AM - ((7PM)) 9PM Daily 9/((16)) 14 - 11/((17)) 15

(2) It is unlawful at all times to retain wild Chinook salmon taken with reef net gear ((at all times)), and it is unlawful prior to October 1 to retain chum or wild coho salmon taken with reef net gear ((prior to September 30)).

(3) It is unlawful to retain marked Chinook after September 30.

(a) It is unlawful to retain marked Chinook with reef net gear if the fisher does not have in his or her immediate possession a department-issued Puget Sound Reef Net Logbook with all retained Chinook accounted for in logbook. Marked Chinook are those with a clipped adipose fin and a healed scar at the site of the clipped fin.

(b) Completed logs must be submitted and received within six working days to: Jeromy Jording, Puget Sound Commercial Salmon Manager, Department of Fish & Wildlife, 600 Capitol Way N, Olympia WA, 98501-1091.

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

[Statutory Authority: RCW 77.12.047 and 77.04.020. 07-20-006, 220-47-401, filed 9/20/07, effective 10/21/07. Statutory Authority: RCW 77.12.047. 06-16-045 (Order 06-173), 220-47-401, filed 7/26/06, effective 8/26/06; 05-17-002 (Order 05-166), 220-47-401, filed 8/3/05, effective 9/3/05; 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 WSR 07-20-006, filed 9/20/07, effective 10/21/07)

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)) periods provided for in each respective fishing area:


AREA TIME DATE(S) MINIMUM MESH
6D: Skiff gill net only. 7AM - 7PM 9/22, 9/23, 9/24, 9/25, 9/26, ((9/27, 9/28,)) 9/29, 9/30, 10/1, 10/2, 10/3, ((10/4, 10/5,)) 10/6, 10/7, 10/8, 10/9, 10/10, ((10/11, 10/12,)) 10/13, 10/14, 10/15, 10/16, 10/17, ((10/18, 10/19,)) 10/20, 10/21, 10/22, 10/23, 10/24((, 10/25, 10/26)) 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 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 chum salmon required to be released must be removed from the net by cutting the meshes ensnaring the fish.
7, 7A: ((Noon)) 7AM - Midnight; use of recovery box required 10/((12)) 10, 10/15, 10/16,10/17((, 10/18, 10/19)) 6 1/4"
((Noon)) 7AM - Midnight 10/20, 10/21, 10/22, 10/23, 10/24, ((10/25, 10/26,)) 10/27, 10/28, 10/29, 10/30, 10/31, ((11/1, 11/2,)) 11/3, 11/4, 11/5, 11/6, 11/7, ((11/8, 11/9,)) 11/10, 11/11, 11/12, 11/13, 11/14((, 11/15, 11/16)) 6 1/4"
Note: In Areas 7 and 7A after September ((30)) 28 but prior to October ((20)) 19, 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: 8PM - 7AM NIGHTLY 8/10 7"
((7B/7C:)) 7PM - ((7AM)) 8AM NIGHTLY 8/18, 8/19, 8/((20)) 21, 8/25, 8/26, 8/28, ((8/30, 9/3)) 9/1, 9/2, 9/4((, 9/6)) 7"
7B: ((7PM)) 12:01AM - ((8AM)) Midnight ((NIGHTLY)) 9/7, 9/9, 9/11, 9/((13)) 14, 9/16, 9/18 5"
((7B: 6PM - 8AM NIGHTLY 9/16, 9/18, 9/21 5"))
7AM 9/((23)) 21 - ((8PM)) Midnight 10/((27)) 25 5"
((7AM)) 12:01AM 10/((28)) 26 - ((8PM)) Midnight 11/((3)) 1 6 1/4"
7AM 11/((5)) 3 - 4PM 11/((9)) 7 6 1/4"
7AM 11/((12)) 10 - 4PM 11/((16)) 14 6 1/4"
7AM 11/((19)) 17 - 4PM 11/((23)) 21 6 1/4"
7AM 11/((26)) 24 - 4PM 11/((30)) 28 6 1/4"
8AM 12/((3)) 1 - 4PM 12/((7)) 5 6 1/4"
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 until 6:00 PM on the first Friday in December.
8: 7AM - 7PM 11/3, 11/5, 11/7, 11/((9)) 10, 11/12, 11/14, 11/((16)) 17, 11/19, 11/21((, 11/23)) 6 1/4"
7AM - 6PM 11/24, 11/26, 11/28((, 11/30)) 6 1/4"
8A: 6PM - 8AM NIGHTLY 10/((9)) 7 5"
7AM - 8 PM 10/14, 10/16((, 10/18, 10/19)) 5"
7AM - 4PM 10/17 5"
8AM - 8PM 10/21, 10/23, 10/((25)) 28, 10/((26, 10/29, 10/31, 11/2)) 30 6 1/4"
8AM - 4PM 10/24, 10/31 6 1/4"
7AM - 7PM 11/4, 11/6, 11/((8)) 10, 11/((9)) 12, 11/((13)) 18, 11/((15, 11/16, 11/21, 11/22, 11/23)) 20 6 1/4"
7AM - 6PM 11/25, 11/27((, 11/29, 11/30)) 6 1/4"
7AM - 4PM 11/7, 11/14, 11/21, 11/28 6 1/4"
8D: 6PM - 8AM NIGHTLY 9/21, 9/23, 9/25, 9/((27)) 28, 9/30, 10/2, 10/((4)) 5, 10/7, 10/9((, 10/11)) 5"
7AM - 8 PM 10/((18, 10/19)) 16 5"
7AM - 4PM 10/17 5"
8AM - 8PM 10/((25, 10/26, 11/1, 11/2)) 23 5"
8AM - 4PM 10/24 5"
8AM - 8PM 10/30 6 1/4"
8AM - 4PM 10/31 6 1/4"
((7AM - 7PM 11/8, 11/9 5"))
7AM - 7PM 11/((15)) 6, 11/((16)) 13, 11/((21, 11/23)) 11/19 6 1/4"
7AM - 6PM 11/((29, 11/30)) 27 6 1/4"
7AM - 4PM 11/7, 11/14, 11/21, 11/28 6 1/4"
9A: 7PM - 7AM NIGHTLY 8/26, 8/27, 8/28((, 8/30)) 5"
6AM ((9/26)) 8/31 - ((7)) 8PM 11/((3)) 1 5"
Note: It is unlawful to retain chum salmon taken in Area 9A prior to October 1, and it is unlawful to retain Chinook salmon at any time. Any salmon required to be released must be removed from the net by cutting the meshes ensnaring the fish.
10, 11: 4PM - 7AM NIGHTLY 10/((21)) 19, 10/28, 11/2 6 1/4"
((5PM - 9AM NIGHTLY 10/23 6 1/4"
3PM - 7AM NIGHTLY 10/28, 10/30 6 1/4"))
5PM - 9AM NIGHTLY 10/((31)) 30 6 1/4"
3PM - 7AM NIGHTLY 11/((4)) 9, 11/16 6 1/4"
((4PM - 8AM NIGHTLY 11/6 6 1/4"))
((3)) 2PM - 7AM NIGHTLY 11/((11, 11/13)) 23 6 1/4"
4PM - ((8AM)) Midnight NIGHTLY ((11/14)) 10/22, 11/5, 11/13, 11/19, 11/26 6 1/4"
((3PM - 7AM NIGHTLY 11/18 6 1/4"
4PM - 8AM NIGHTLY 11/20 6 1/4"
2PM - 7AM NIGHTLY 11/25 6 1/4"
3PM - 8AM NIGHTLY 11/27 6 1/4"))
12A: Skiff gill net only. 7AM - 7PM 9/2, 9/((4)) 9, 9/((11)) 16, 9/((18)) 23, 9/((25, 10/2)) 30 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 chum salmon taken in Area 12A at any time, and any salmon required to be released must be removed from the net by cutting the meshes ensnaring the fish.
12, 12B: 8AM - 8PM 10/((24)) 22, 10/((25)) 23, 10/28, 10/30((, 11/1, 11/2)) 6 1/4"
7AM - 7PM 11/((7)) 5, 11/((8)) 6, 11/((14)) 11, 11/((15)) 13, 11/((20)) 19, 11/20 6 1/4"
12C: 7AM - 7PM 11/11, 11/13, 11/((15)) 18, 11/20((, 11/22)) 6 1/4"
7AM - 6PM 11/((26)) 25, 11/27 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 and 77.04.020. 07-20-006, 220-47-411, filed 9/20/07, effective 10/21/07. Statutory Authority: RCW 77.12.047. 06-16-045 (Order 06-173), 220-47-411, filed 7/26/06, effective 8/26/06; 05-17-002 (Order 05-166), 220-47-411, filed 8/3/05, effective 9/3/05; 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.]

Washington State Code Reviser's Office