#980820 - 10/21/17 09:40 PM
Re: Some Confusion
[Re: jgreen]
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River Nutrients
Registered: 11/21/07
Posts: 7428
Loc: Olema,California,Planet Earth
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Don't know what the intent was but the wording "and" would put the wild coho in addition to two adults (non-Chinook). So, three adults but only 1 wild coho.
To complicate it further, what really counts is how the WAC itself is worded. That is the law, not the pamphlet.
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#980821 - 10/21/17 09:42 PM
Re: Some Confusion
[Re: jgreen]
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Fry
Registered: 09/23/12
Posts: 30
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Maybe one was a jack????
_________________________
Always happiest with fish scales on my face.
"Hope I die before I get old" - Pete Townshend, The Who, Musician/Singer/Songwriter and Spokesperson of a generation.
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#980822 - 10/21/17 09:47 PM
Re: Some Confusion
[Re: onthewater]
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Fry
Registered: 09/23/12
Posts: 30
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But to echo my own reply I will say those regs are harder to read than a fricking schematic. Definitely needs more continuity of wording and stricter definitions of those words. We're not all born rocket surgeons after all.
_________________________
Always happiest with fish scales on my face.
"Hope I die before I get old" - Pete Townshend, The Who, Musician/Singer/Songwriter and Spokesperson of a generation.
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#980824 - 10/21/17 10:07 PM
Re: Some Confusion
[Re: jgreen]
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Fry
Registered: 09/23/12
Posts: 30
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I don't blame you at all. And I agree heartily that the limit there is 2 adults, but admittedly poorly written in the regs such as they are. Plus, who needs more than two fish a day anyway?
_________________________
Always happiest with fish scales on my face.
"Hope I die before I get old" - Pete Townshend, The Who, Musician/Singer/Songwriter and Spokesperson of a generation.
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#980829 - 10/22/17 08:11 AM
Re: Some Confusion
[Re: jgreen]
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River Nutrients
Registered: 11/21/07
Posts: 7428
Loc: Olema,California,Planet Earth
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Two adults may have been the intent but the wording allows three.
When writing regs, both the WAC and the pamphlet, you have to be very exact and ask how it could be mis-interpreted. Or, you should be.
I checked with my WAC/reg writer friend and that one says "3".
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#980831 - 10/22/17 08:59 AM
Re: Some Confusion
[Re: jgreen]
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It all boils down to this - I'm right, everyone else is wrong, and anyone who disputes this is clearly a dumbfuck.
Registered: 03/07/99
Posts: 17149
Loc: SE Olympia, WA
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Jesus.
All the time and effort spent by brainiacs in writing the regs, and that's the sh!tty language they use?
Who needs more than 2 fish in a day? Everyone.
_________________________
She was standin' alone over by the juke box, like she'd something to sell. I said "baby, what's the goin' price?" She told me to go to hell.
Bon Scott - Shot Down in Flames
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#980833 - 10/22/17 09:30 AM
Re: Some Confusion
[Re: Dan S.]
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ReefSkunk
Unregistered
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Jesus.
All the time and effort spent by brainiacs in writing the regs, and that's the sh!tty language they use?
Who needs more than 2 fish in a day? Everyone. This.
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#980834 - 10/22/17 10:12 AM
Re: Some Confusion
[Re: jgreen]
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River Nutrients
Registered: 11/21/07
Posts: 7428
Loc: Olema,California,Planet Earth
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It was conscious decision to move in the direction of reg-writing currently on display.
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#980836 - 10/22/17 10:45 AM
Re: Some Confusion
[Re: jgreen]
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River Nutrients
Registered: 10/22/09
Posts: 3020
Loc: University Place and Whidbey I...
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Poorly written but I read it as being three different limitations:
1. Six fish total. 2. of which only one can be a wild coho 3. and up to two adults.
Another permutation is whether the one wild coho includes jacks? Taking my interpretation it would.
Guess that is what WDFW produced in an attempt at brevity.
As to conflicts between the WAC and the regulation pamphlet while the WAC is the law the pamphlet is what WDFW puts out in huge quantities for use by its licensees. If there is a conflict between the two I would opine that a judge would put the responsibility upon the writer (WDFW) rather than the individual who relied upon the erroneous language in the pamphlet.
And, no, I am not an attorney.
_________________________
Remember to immediately record your catch or you may become the catch!
It's the person who has done nothing who is sure nothing can be done. (Ewing)
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#980840 - 10/22/17 11:04 AM
Re: Some Confusion
[Re: jgreen]
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River Nutrients
Registered: 11/21/07
Posts: 7428
Loc: Olema,California,Planet Earth
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Adults and jacks are managed separately. What you said was two adults, one of which can be a wild coho. The other 4 could be wild coho jacks.
If they wanted retention of only one wild coho of any size then they should specifically say one wild coho of any size.
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#980843 - 10/22/17 11:34 AM
Re: Some Confusion
[Re: Carcassman]
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River Nutrients
Registered: 10/22/09
Posts: 3020
Loc: University Place and Whidbey I...
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Adults and jacks are managed separately. What you said was two adults, one of which can be a wild coho. The other 4 could be wild coho jacks.
If they wanted retention of only one wild coho of any size then they should specifically say one wild coho of any size. I place some significance on the order of those three. Had I been writing that with the intent of limiting the wild coho to adults it would have read "Six coho of which only two may be adults to include not more than one wild adult coho." And, of course, all of this dialog simply reaffirms how poorly it is written.
_________________________
Remember to immediately record your catch or you may become the catch!
It's the person who has done nothing who is sure nothing can be done. (Ewing)
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#980847 - 10/22/17 11:53 AM
Re: Some Confusion
[Re: jgreen]
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River Nutrients
Registered: 10/28/09
Posts: 3314
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It's 2 adults, guys, and I think only someone looking to bend the rules on a glory day of fishing would read it otherwise.
I agree it's poorly written, but the only adjective modifying the word "adults" is "2," which in my mind means 2 adults, of which one may be wild. If the limit was three adults, it would say "3 adults" somewhere (it did last time they let us keep three). As for the hatchery vs. wild thing, they are consistent in their reference to HATCHERY salmon and steelhead, throughout the regs when that's what they are addressing.
There's a lot of crap we're justified in dishing up to WDFW. In light of the other issues, can't we just help them out by applying a little common sense here and respecting the word "two" in front of "adults?" If I were a warden, I'd ticket them all. Poaching is poaching, and ignorance is not an excuse. Again, poorly written, but I have a HARD time understanding where anyone being honest could read "2 adults" as 3, unless of course it was just what they wanted to read....
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#980848 - 10/22/17 12:46 PM
Re: Some Confusion
[Re: jgreen]
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River Nutrients
Registered: 11/21/07
Posts: 7428
Loc: Olema,California,Planet Earth
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It says one wild coho AND up to two adults. The "and" makes the coho additive to the adults. If they wanted to say that the overall limit was only two adults then you say "only two of which can be adults and only one of the adults can be a wild coho."
It may not be what they meant but it is what they wrote. It isn't that hard to write regs clearly and part of the process of writing them should include how can this be mis-interpreted.
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#980871 - 10/23/17 01:58 PM
Re: Some Confusion
[Re: jgreen]
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River Nutrients
Registered: 04/25/00
Posts: 5077
Loc: East of Aberdeen, West of Mont...
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NOF....last meeting "USED TO BE", go over wording of different rivers in Region 6. Sports fishermen, in attendance, had input as to the wording for different rivers in Region 6. The final NOF meeting, always took place in the WDFW building in Olympia. This final meeting got eliminated 2-3 years ago.....wording has been more of a problem since then.
I'm sure the intent was: Legal limit(Chehalis Side)
A. 6 jacks, hatchery or wild
B. 2 adult Coho, 1 could be wild
C. 2 Chum
D. No Chinook on the Chehalis side
E. 2 adult 1 Coho, w or h, and 1 Chum
F. 4 jacks, 2 adult, 1 could be a wild Coho BUT once adult limit is caught then you are done for the day.
G. Some fishermen, catch the adult limit then think they can fish jacks...wrong......adult limit is the driving force, see page 4 of Sport Fishing Rules
_________________________
"Worse day sport fishing, still better than the best day working"
"I thought growing older, would take longer"
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#980872 - 10/23/17 02:14 PM
Re: Some Confusion
[Re: jgreen]
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River Nutrients
Registered: 08/26/02
Posts: 4709
Loc: Sequim
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The issue is being looked at. Hope for some clarification soon.
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#980874 - 10/23/17 04:45 PM
Re: Some Confusion
[Re: Free_Globbin]
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Ornamental Rice Bowl
Registered: 11/24/03
Posts: 12767
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The WAC reads TWO ADULTS per day, of which, ONE may be a WILD COHO. The reason it was worded this way in the pamphlet was to prevent the retention of wild coho jacks. While you can use your ONE WILD COHO towards part of your jack limit, you only get ONE WILD COHO per day. Give that man a GOLD star!
_________________________
"Let every angler who loves to fish think what it would mean to him to find the fish were gone." (Zane Grey) "If you don't kill them, they will spawn." (Carcassman) The Keen Eye MDLong Live the Kings!
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#980875 - 10/23/17 04:50 PM
Re: Some Confusion
[Re: jgreen]
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River Nutrients
Registered: 11/21/07
Posts: 7428
Loc: Olema,California,Planet Earth
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If that is what the WAC says then why did they make the pamphlet so confusing? To supports Stam's fund-raising ideas?
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#980876 - 10/23/17 04:54 PM
Re: Some Confusion
[Re: ]
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River Nutrients
Registered: 10/22/09
Posts: 3020
Loc: University Place and Whidbey I...
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Call me a conspiracy theorist, but I think its done this way to write tickets. They could simply just say, with no legalese, "two adult coho, one of which can be wild". They chose not to. Best explanation I've seen yet. Writing easy tickets to those that will actually pay them will help to finance spending hours and hours on a real poacher who will end up paying nothing. Look at it as a voluntary subsidy of sorts. Not sure that I subscribe to that theory but I do agree that the biggest bang for the buck is chasing the serious offenders. But back to this poorly written "guidance" in the regulations pamphlet and your concern. If a WDFW LEO were to write a citation to someone who had taken the most liberal interpretation and that LEO gets +one point for writing the citation they should get -20 points for every one they have written that is tossed by a judge. Not being mean spirited but just pointing out a concern that the system may not have a method for identifying any LEO who may systematically abusing his ticket book.
_________________________
Remember to immediately record your catch or you may become the catch!
It's the person who has done nothing who is sure nothing can be done. (Ewing)
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#980878 - 10/23/17 05:17 PM
Re: Some Confusion
[Re: jgreen]
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River Nutrients
Registered: 08/26/02
Posts: 4709
Loc: Sequim
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I contacted Capt. Chadwick - Region 6 about the issues on the bag limit and the wording. He contact Mike Scharpf, Region 6 Biologist. Capt. Chadwick sent the following:
"I spoke with Mike Scharpf who was already aware of this issue. He and I discussed pamphlet language for next year.
For this year, Mike has put together a summary (attached) to clarify the intent. The issue of clarity surrounds the availability of space in the pamphlet each year, but as we discussed, if we need to articulate a rule for clarity then we need to argue for more space."
I apologize for the format posted below. It doesn't copy very well from Excel to Word and then copied for pasting on this page. Hopefully, you can read through the various rivers/waterways.
Dave
Summary of Grays Harbor Recreational Fisheries
Please check for any updates or changes (emergency regulations)
Bay (Area 2-2) Season Bag North Bay Aug 1 - Sept 15 Daily limit 2, release wild Chinook and wild Coho
Johns River East Sept 16 - Nov 30 Daily limit 2 of which only one may be a wild Coho, release Chinook. River Season Regulations Humptulips Sept. 1 - Oct 15 6 fish of which 2 may be adults, Release wild Chinook and wild Coho. (jacks can only be hatchery Chinook and hatchery Coho).
Oct 16 - Oct 31 6 fish of which 2 may be adults and only one may be a hatchery Chinook, Release wild Chinook and wild Coho. (jacks can only be hatchery Chinook and hatchery Coho).
Nov 1 - Jan 31 6 fish of which 2 may be adults, Release Chinook and wild Coho. (jacks can only be hatchery Coho).
Chehalis Aug 1 - Sept 15 6 fish, release adult salmon Mouth to South Elma Bridge Sept 16 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild adult Coho, Release adult Chinook. (jacks can be any Chinook and Coho). Jan 1 - Jan 31 6 fish of which 2 may be adults, Release Chinook and wild Coho. (jacks can only be hatchery Coho). Sept 16 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild adult Coho, Release Chinook. (jacks can be any Coho).
South Elma Bridge to Black River Jan 1 - Jan 31 6 fish of which 2 may be adults, Release Chinook and Coho. (jacks can only be hatchery Coho). Sept 16 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild Coho, Release Chinook and Chum. (jacks can only be Coho and only one may be wild if no wild adult Coho retained).
Black River upstream Jan 1 - Jan 31 6 fish of which 2 may be adults, Release Chinook, Chum, and wild Coho. (jacks can only be hatchery Coho). Oct 1 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild Coho, Release Chinook. (jacks can only be Coho and only one may be wild if no wild adult Coho retained).
Hoquiam Oct 1 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild adult Coho, Release Chinook. (jacks can be any Coho).
Wishkah Oct 1 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild adult Coho, Release Chinook. (jacks can be any Coho).
Wynoochee Oct 1 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild Coho, Release Chinook. (jacks can only be Coho and only one may be wild if no wild adult Coho retained).
Satsop Jan 1 - Jan 31 6 fish of which 2 may be adults, Release Chinook and wild Coho. (jacks can only be hatchery Coho). Oct 1 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild Coho, Release Chinook and Chum. (jacks can only be Coho and only one may be wild if no wild adult Coho retained). Black Oct 16 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild Coho, Release Chinook and Chum. (jacks can only be Coho and only one may be wild if no wild adult Coho retained).
Skookumchuck Oct 16 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild Coho, Release Chinook and Chum. (jacks can only be Coho and only one may be wild if no wild adult Coho retained).
Newaukum Oct 16 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild Coho, Release Chinook and Chum. (jacks can only be Coho and only one may be wild if no wild adult Coho retained).
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#980881 - 10/23/17 06:54 PM
Re: Some Confusion
[Re: jgreen]
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River Nutrients
Registered: 08/26/02
Posts: 4709
Loc: Sequim
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I utilized the Shared Values program WDFW LE is intiating and contacted Capt. Dan Chadwick about the issue. He sent me the following reply:
" I spoke with Mike Scharpf who was already aware of this issue. He and I discussed pamphlet language for next year. For this year, Mike has put together a summary (attached) to clarify the intent. The issue of clarity surrounds the availability of space in the pamphlet each year, but as we discussed, if we need to articulate a rule for clarity then we need to argue for more space.
Mike said we could post this summary on the pursuit page. He is posting it at various locations around the area. Thank you for alerting us to this and wanting to help get the message out. "
...and the information below. My computer skills are somewhat lacking in trying to move an Excel file to a Word format so it is pretty choppy. I'm trying to get a better copy. Will edit if I get it.
Dave
Summary of Grays Harbor Recreational Fisheries
Please check for any updates or changes (emergency regulations)
Bay (Area 2-2) Season Bag North Bay Aug 1 - Sept 15 Daily limit 2, release wild Chinook and wild Coho Johns River East Sept 16 - Nov 30 Daily limit 2 of which only one may be a wild Coho, release Chinook. River Season Regulations Humptulips Sept. 1 - Oct 15 6 fish of which 2 may be adults, Release wild Chinook and wild Coho. (jacks can only be hatchery Chinook and hatchery Coho). Oct 16 - Oct 31 6 fish of which 2 may be adults and only one may be a hatchery Chinook, Release wild Chinook and wild Coho. (jacks can only be hatchery Chinook and hatchery Coho). Nov 1 - Jan 31 6 fish of which 2 may be adults, Release Chinook and wild Coho. (jacks can only be hatchery Coho).
Chehalis Aug 1 - Sept 15 6 fish, release adult salmon Mouth to South Elma Bridge Sept 16 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild adult Coho, Release adult Chinook. (jacks can be any Chinook and Coho). Jan 1 - Jan 31 6 fish of which 2 may be adults, Release Chinook and wild Coho. (jacks can only be hatchery Coho). Sept 16 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild adult Coho, Release Chinook. (jacks can be any Coho).
South Elma Bridge to Black River Jan 1 - Jan 31 6 fish of which 2 may be adults, Release Chinook and Coho. (jacks can only be hatchery Coho). Sept 16 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild Coho, Release Chinook and Chum. (jacks can only be Coho and only one may be wild if no wild adult Coho retained).
Black River upstream Jan 1 - Jan 31 6 fish of which 2 may be adults, Release Chinook, Chum, and wild Coho. (jacks can only be hatchery Coho). Oct 1 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild Coho, Release Chinook. (jacks can only be Coho and only one may be wild if no wild adult Coho retained).
Hoquiam Oct 1 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild adult Coho, Release Chinook. (jacks can be any Coho).
Wishkah Oct 1 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild adult Coho, Release Chinook. (jacks can be any Coho).
Wynoochee Oct 1 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild Coho, Release Chinook. (jacks can only be Coho and only one may be wild if no wild adult Coho retained).
Satsop Jan 1 - Jan 31 6 fish of which 2 may be adults, Release Chinook and wild Coho. (jacks can only be hatchery Coho). Oct 1 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild Coho, Release Chinook and Chum. (jacks can only be Coho and only one may be wild if no wild adult Coho retained).
Black Oct 16 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild Coho, Release Chinook and Chum. (jacks can only be Coho and only one may be wild if no wild adult Coho retained).
Skookumchuck Oct 16 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild Coho, Release Chinook and Chum. (jacks can only be Coho and only one may be wild if no wild adult Coho retained).
Newaukum Oct 16 - Dec 31 6 fish of which 2 may be adults of which only one may be a wild Coho, Release Chinook and Chum. (jacks can only be Coho and only one may be wild if no wild adult Coho retained).
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#980885 - 10/24/17 06:58 AM
Re: Some Confusion
[Re: jgreen]
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River Nutrients
Registered: 11/21/07
Posts: 7428
Loc: Olema,California,Planet Earth
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Thanks. Bushbear.
Mikey wrote that out rather clearly.
If space is such an issue that saving space tumps clarity then maybe they should group regs like they do Selective Gear Rules. Looks like the most of the GH streams have the same limit. So, write out once "GH freshwater limit" Then, for example, Skookumchuck (season listed) GH Freshwater Limit. Saves space.
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#980886 - 10/24/17 08:22 AM
Re: Some Confusion
[Re: jgreen]
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River Nutrients
Registered: 08/26/02
Posts: 4709
Loc: Sequim
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Not a bad idea. Anything that would reduce the complexity and make things simpler would be useful.
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#980887 - 10/24/17 08:53 AM
Re: Some Confusion
[Re: jgreen]
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River Nutrients
Registered: 11/21/07
Posts: 7428
Loc: Olema,California,Planet Earth
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That goes against Policy, though.
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#980889 - 10/24/17 09:31 AM
Re: Some Confusion
[Re: jgreen]
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River Nutrients
Registered: 10/22/09
Posts: 3020
Loc: University Place and Whidbey I...
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Lots of rule nuances differentiating rivers (species, adult vs jacks, wild vs hatchery, time periods during the season, numbers allowed to be retained, and gear limitations). If that level of rule differentiation is truly necessary then so be it......but as a "customer" I believe it is critical to start my search by the waters I intend to fish.
Maybe we need to consider separate regulation pamphlets for saltwater and freshwater; that approach might reduce the total number of pages actually printed and distributed.
_________________________
Remember to immediately record your catch or you may become the catch!
It's the person who has done nothing who is sure nothing can be done. (Ewing)
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#980895 - 10/24/17 11:29 AM
Re: Some Confusion
[Re: FleaFlickr02]
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River Nutrients
Registered: 11/21/07
Posts: 7428
Loc: Olema,California,Planet Earth
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Jacks are fully capable of spawning. They bring a completely different brood year (genetics) into the mix.
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#980900 - 10/24/17 01:13 PM
Re: Some Confusion
[Re: jgreen]
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River Nutrients
Registered: 10/28/09
Posts: 3314
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If a jack is just as viable a spawner as an adult, it makes no sense to allow a limit of up to 6. Assuming (there I go again) the wild:hatchery ratios are similar for jacks and adults, anecdotal evidence suggests that over 20 jacks might need to be caught to harvest a limit of 5 hatchery + 1 wild. With eggs being the preferred medium for fishing jacks, at least some of those released fish would be mortally wounded upon release. Lest we forget, a lot of adult, female Chinook get caught in that fishery.
Should we dial back the limit on jacks, to clear up the dangerous confusion their fishery causes in rulemaking, but also to assure better numbers of wild spawners reach the gravel? I get that you don't need as many males as females to have spawning success, but considering how many adult Chinook get hooked, landed, and (usually) released in the jack fishery, it seems like really bad policy to allow guys to keep eggs in water full of Chinook for the kind of time it would require to weed out 5, let alone 6, hatchery jacks.
But yeah, the regs were poorly written. I thought I had understood them completely. I had not.
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#980909 - 10/24/17 04:34 PM
Re: Some Confusion
[Re: jgreen]
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River Nutrients
Registered: 11/21/07
Posts: 7428
Loc: Olema,California,Planet Earth
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The generous jack limit may be too reduce their number on the grounds but they are important components. Ideally, most of the spawners should be fully adult but with MSY and beyond management the adult numbers can be low. Plus, they are not taken in gill nets so the increased sport limit is likely an attempt to balance that out.
They have had good reg writers in the past, but..........................
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