WSR 00-17-139

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-162 -- Filed August 21, 2000, 4:13 p.m. ]

Date of Adoption: August 21, 2000.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-36-02300A and 220-40-02700U; and amending WAC 220-36-023 and 220-40-027.

Statutory Authority for Adoption: RCW 77.12.047.

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: These regulations implement recommendations of the North of Falcon subgroup of the Pacific Fisheries Management Council, and are interim until permanent rules take effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

August 21, 2000

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-36-02300A
Grays Harbor salmon--Fall fishery.

Notwithstanding the provisions of WAC 220-36-023, effective immediately it is unlawful to fish for or possess salmon taken for commercial purposes from the waters of Willapa Bay except provided for in this section.

     (1) Open 6:00 p.m. August 22 through 6:00 p.m. August 25 and 6:00 p.m. October 1 through 6:00 p.m. October 3, 2000 in Areas 2A and 2D.

     (2) Open 7:00 a.m. October 30 through 5:00 p.m. October 30, 2000 in Area 2B.

     (3) Gill net gear shall be used as provided for in WAC 220-36-015, except no maximum mesh restriction August 22 through August 25, 2000.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 5:01 p.m. October 30, 2000.


WAC 220-36-02300A Grays Harbor salmon -- Fall fishery.

NEW SECTION
WAC 220-40-02700U
Salmon -- Willapa Bay fall fishery.

Notwithstanding the provisions of WAC 220-40-027, effective immediately it is unlawful to fish for or possess salmon taken for commercial purposes from the waters of Willapa Bay except provided for in this section.

     (1) Open 6:00 p.m. August 21 through 6:00 p.m. August 22, 2000 and 6:00 p.m. August 27 through 6:00 p.m. August 28, 2000 in Area 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12, Areas 2M, and 2H west of Willapa Channel Marker 35 and Area 2J north of the North Entrance Marker to the Nahcotta Boat Basin (RF#2)

     (2) Open 6:00 p.m. September 17 through 6:00 p.m. September 30, 2000 in Area 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12, Areas 2M and 2H west of Willapa Channel Marker 40 and Area 2J north of the North Entrance Marker to the Nahcotta Boat Basin (RF#2).

     (3) Open 6:00 p.m. September 17 through 6:00 p.m. September 18 and 6:00 p.m. September 24 through 6:00 p.m. September 25, 2000 in Area 2K.

     (4) Open 7:30 a.m. October 5 through 6:30 p.m. October 5 and 7:30 a.m. October 12 through 6:30 p.m. October 12, 2000 in Area 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12, Areas 2M and 2H west of Willapa Channel Marker 40 and Area 2J north of the North Entrance Marker to the Nahcotta Boat Basin (RF#2).

     (5) Open 6:00 p.m. October 18 through 6:00 p.m. October 19 and 6:00 p.m. October 25 through 6:00 p.m. October 26, 2000 in Area 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12, and west of Willapa Channel Marker 10 and Area 2J north of the North Entrance Marker to the Nahcotta Boat Basin (RF#2).

     (6) During the fisheries provided for in this section, it is unlawful for fishers to fish between Willapa Channel Markers 35 and 40 or in Area 2K unless the fisher has registered in writing on a department-approved form by September 8, 2000, and the fisher agrees to allow a department observer to be on board during the fishing trip to monitor the catch.

     (7) Gill net gear shall be used as provided in WAC 220-40-015 except no maximum mesh size before 6:00 p.m. September 22, 2000.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 6:01 p.m. October 26, 2000:


WAC 220-40-02700U Salmon -- Willapa Bay fall fishery.

© Washington State Code Reviser's Office