WSR 00-23-016

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-233 -- Filed November 3, 2000, 4:23 p.m. , effective November 5, 2000, 11:59 p.m. ]

Date of Adoption: November 3, 2000.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-709.

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: The above Puget Sound purse seine, gill net, and reef net openings are part of the final agreements reached at the April 7, 2000, meeting of the Pacific Fishery Management Council (PFMC) in Portland, Oregon. Those agreements were drafted into regulatory format and filed with the Code Reviser's Office under the expedited rule-making process. Those permanent rules include chum salmon gill net and purse seine fisheries in Areas 12 and 12B in Management Week 46. In-season run sizes have been downgraded from preseason expectations. Conservation efforts are being taken to further reduce risk of overharvest. All other rules are consistent with agreements reached at the PFMC meeting. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: November 5, 2000, 11:59 p.m.

November 3, 2000

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-709
Puget Sound all-citizen commercial salmon fishery.

Notwithstanding the provisions of Chapter 220-47 WAC, effective 11:59 p.m. Sunday, November 5, 2000 through 11:59 p.m. Saturday, November 11, 2000, it is unlawful to take, fish for, or possess salmon for commercial purposes taken from the following Puget Sound Salmon Management and Catch Reporting Areas except in accordance with the following open periods, gears, mesh sizes, area, and species restrictions:

     Area 7: Open for reef nets daily, 7:00 a.m. to 7:00 p.m. It is unlawful to retain chinook salmon at any time.

     Area 7A: Open for reef nets daily, 7:00 a.m. to 7:00 p.m. It is unlawful to retain chinook salmon at any time.

     Area 7B: Open as follows:

     gill nets - open to gill nets using 6 1/4 inch minimum mesh from 6:00 a.m. Monday, November 6 to 4:00 p.m. Friday, November 10.

     purse seines - open to purse seines using the 5-inch strip from 6:00 a.m. Monday, November 6 to 4:00 p.m. Friday, November 10.

     Area 8: Open as follows:

     gill nets - open to gill nets using 6 1/4 inch minimum mesh, 7:00 a.m. to 8:00 p.m. Monday, November 6.

     purse seines - open to purse seines using the 5-inch strip 7:00 a.m. to 5:00 p.m. Tuesday, November 7. Purse seines may not retain chinook and coho.

:

     Area 8A: Open as follows:

     gill nets - open to gill nets using 6 1/4 inch minimum mesh, 7:00 a.m. to 8:00 p.m. Tuesday, November 7 and Wednesday, November 8.

     purse seines - open to purse seines using the 5-inch strip 7:00 a.m. to 5:00 p.m. Thursday, November 9 and 7:00 a.m. to 4:00 p.m. Friday, November 10. Purse seines may not retain chinook and coho.

     Area 8D: Open as follows:

     gill nets - open to gill nets using 6 1/4 inch minimum mesh, 7:00 a.m. to 8:00 p.m. Tuesday, November 7 and Wednesday, November 8.

     purse seines - open to purse seines using the 5-inch strip 7:00 a.m. to 5:00 p.m. Thursday, November 9 and 7:00 a.m. to 4:00 p.m. Friday, November 10. Purse seines may not retain chinook.

     Area 10: Open as follows:

     gill nets - open to gill nets using 6 1/4 inch minimum mesh, 4:00 p.m. Monday, November 6 to 8 a m. Tuesday, November 7.

     purse seines - open to purse seines using the 5-inch strip 7:00 a.m. to 5:00 p.m. Tuesday, November 7. Purse seines may not retain coho and chinook.

     Area 11: Open as follows:

     purse seines - open to gill nets using 6 1/4 inch minimum mesh, 4:00 p.m. Monday, November 6 to 8 a m. Tuesday, November 7.

     purse seines - open to purse seines using the 5-inch strip 7:00 a.m. to 5:00 p.m. Tuesday, November 7. Purse seines may not retain coho and chinook.

     Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7C, 7D, 7E, 9, 9A, 10A, 10C, 10D, 10E, 10F, 10G, 11A, 12, 12A, 12B, 12C, 12D, 13, 13A, 13C, 13D, 13E, 13F, 13G, 13H, 13I, 13J, and 13K, all freshwater areas and exclusion zones provided for in WAC 220-47-307 - Closed.

[]

Reviser's note: The typographical errors in 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.
REPEALER


     The following section of the Washington Administrative Code is repealed effective 11:59 p.m. Saturday, November 11, 2000:


WAC 220-47-709 Puget Sound all-citizen commercial salmon fishery.

© Washington State Code Reviser's Office