WSR 00-23-040

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-235 -- Filed November 9, 2000, 3:47 p.m. , effective November 12, 2000, 11:59 p.m. ]

Date of Adoption: November 9, 2000.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-710.

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 10 and 11, an extended five days per week opening in Area 7B, and a one day each gill net and purse seine opening in Area 8 in Management Week 47. In-season run sizes have been downgraded from preseason expectations. Conservation efforts are being taken to further reduce risk of overharvest and consistent with in-season run size updates, Areas 8, 10, and 11 are being closed, the fishery in Area 7B is being reduced to three days this next week and Area 12C will not open concurrent with Areas 12 and 12B. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 12, 2000, 11:59 p.m.

November 9, 2000

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-710
Puget Sound all-citizen commercial salmon fishery.

Notwithstanding the provisions of Chapter 220-47 WAC, effective 11:59 p.m. Sunday, November 12, 2000 through 11:59 p.m. Saturday, November 18, 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 7B: Open as follows:

     gill nets - open to gill nets using 6 1/4 inch minimum mesh from 6:00 a.m. Monday, November 13 to 4:00 p.m. Wednesday, November 15.

     purse seines - open to purse seines using the 5-inch strip from 6:00 a.m. Monday, November 13 to 4:00 p.m. Wednesday, November 15.

     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. Thursday, November 16 and 7:00 a.m. to 4:00 p.m. Friday, November 17.

     purse seines - open to purse seines using the 5-inch strip 7:00 a.m. to 5:00 p.m. Tuesday, November 14 and 7:00 a.m. to 5:00 p.m. Wednesday, November 15. 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. Thursday, November 16 and 7:00 a.m. to 4:00 p.m. Friday, November 17.

     purse seines - open to purse seines using the 5-inch strip 7:00 a.m. to 5:00 p.m. Tuesday, November 14 and 7:00 a.m. to 5:00 p.m. Wednesday, November 15. Purse seines may not retain chinook.

     Area 12: 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 14.

     purse seines - open to purse seines using the 5-inch strip 7:00 a.m. to 5:00 p.m. Monday, November 13. Purse seines may not retain coho and chinook.

     Area 12B: 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 14.

     purse seines - open to purse seines using the 5-inch strip 7:00 a.m. to 5:00 p.m. Monday, November 13. Purse seines may not retain coho and chinook.

     Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7, 7A, 7C, 7D, 7E, 8, 9, 9A, 10, 10A, 10C, 10D, 10E, 10F, 10G, 11, 11A, 12A, 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.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. Sunday, November 19, 2000:


WAC 220-47-710 Puget Sound all-citizen commercial salmon fishery.

© Washington State Code Reviser's Office