WSR 17-18-033 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-219—Filed August 28, 2017, 5:06 p.m., effective August 28, 2017, 5:06 p.m.] Effective Date of Rule: Immediately upon filing. Purpose: Amends Puget Sound commercial salmon fisheries. Citation of Rules Affected by this Order: Repealing WAC 220-47-50100B. Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest. Reasons for this Finding: This regulation provides for Pacific Salmon Commission authorized fisheries in Areas 7 and 7A targeting the United States share of Fraser River pink salmon. A portion of Area 7 is open to facilitate removal of Atlantic salmon, a nonnative species. Cooke Aquaculture Pacific, the owner of net pen facility near Cypress Island, Washington (near the San Juan Islands) has indicated that structural damage to one of their Atlantic salmon net pens resulted in the escape of Atlantic salmon adults. There is insufficient time to adopt permanent rules. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 28, 2017. Nate Pamplin
for J. W. Unsworth Director
NEW SECTION
WAC 220-47-50100B Puget Sound all-citizen commercial salmon fishery—Open periods.
Notwithstanding the provisions of WAC Chapters 220-47 and 220-354, effective immediately until further notice, it is unlawful to take, fish for, or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas except in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect:
(1) Areas 7 and 7A:
Purse Seines - Open to purse seine gear according to the times, dates, and conditions as prescribed and listed below:
(a) It is unlawful to retain sockeye, Chinook, coho, chum, and rockfish.
(b) Purse seine are required to brail and fishers must also use a recovery box in compliance with WAC 220-354-100 (7)(a) through (f).
(c) All salmon and rockfish must be immediately sorted, and those required to be released must be placed in an operating recovery box or released into the water before the next brail may be brought on the deck. However, small numbers of fish may be brought on board the vessel by pulling the net in without mechanical or hydraulic assistance.
(d) It is unlawful to fish for salmon with purse seine 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.
(2) Areas 7 and 7A:
Gill Nets - Open to gill net gear with 5 inch minimum and 5 1/2 inch maximum mesh size according to the times, dates, and conditions as prescribed and listed below:
(a) It is unlawful to retain sockeye and rockfish.
(b) 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.
(3) Areas 7 and 7A:
Reef Nets - Open to reef net gear according to the times, dates, and conditions as prescribed and listed below:
(a) It is unlawful to retain sockeye, unmarked Chinook, unmarked coho, and chum.
(b) It is unlawful to retain marked Chinook unless the reef net operator is in immediate possession of a Puget Sound Reef Net Logbook. All retained marked Chinook must be recorded in the log book in accordance with requirements of WAC 220-47-401.
(c) It is unlawful to fish for salmon with reef net gear in 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.
(4) Area 7. Open in that portion of Area 7; From the south tip of Lummi Island at Carter Point westerly to the northern point of Sinclair Island, to the most north western point of Sinclair Island, then to Towhead Island, from there following 1000' of the western shore of Cypress Island to Strawberry Island then to Fidalgo Head and bounded to the East by the 7/7B line:
Gill Nets - Open to gill net gear with 5 inch minimum and 5 1/2 inch maximum mesh size according to the times, dates, and conditions as prescribed and listed below:
(a) It is unlawful to retain sockeye and rockfish.
(b) 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.
(5) Area 7. Open in that portion of Area 7; From the south tip of Lummi Island at Carter Point westerly to the northern point of Sinclair Island, to the most north western point of Sinclair Island, then to Towhead Island, from there following 1000' of the western shore of Cypress Island to Strawberry Island then to Fidalgo Head and bounded to the East by the 7/7B line:
Beach Seines - Open to beach seine gear in accordance with WAC 220-354-200 and according to the times, dates, and conditions as prescribed and listed below:
(a) It is unlawful to retain sockeye, Chinook, coho, chum, and rockfish.
(b) It is unlawful to fish for salmon with beach seine 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.
(6) "Quick Reporting Fisheries" All fisheries opened under this section, and any fishery opening under authority of the Fraser Panel for sockeye in Puget Sound Salmon Management and Catch Reporting Areas (WAC 220-301-030), are designated as "Quick Reporting Required" pursuant to WAC 220-354-090.
REPEALER
The following section of the Washington Administrative Code is repealed effective 6:01 p.m. September 4, 2017:
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