EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: September 14, 2001.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-801 and 220-69-24000X.
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 nontreaty chinook net allocation share for area 7B will be reached through incidental by-catch in gill nets and by handling mortality of chinook released by purse seines in remaining seasons for other salmon species in these waters. These regulatory actions for Area 7B curtail the chinook fishery and are necessary to provide chinook spawning brood stock for the Samish Salmon Hatchey. "Quick Reporting" of commercial salmon catches is no longer necessary as it was implemented to enumerate and control the nontreaty net catches of chinook at a level that would meet conservation and allocation objectives. Management controls being exercised at this time shift the target of the Bellingham Bay net fishery to coho salmon that are surplus to spawning needs, and quick reporting of chinook is no longer an issue. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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:
September 16, 2001, 12:01 a.m.
September 14, 2001
J. P. Koenings
Director
by Larry Peck
AREA 7B - It is unlawful to use gill nets with mesh measuring less than 5 inches or greater than 5 1/2 inches. Purse seines must release chinook immediately.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER
The following section of the Washington Administrative Code
is repealed effective 8:01 p.m. October 27, 2001:
| WAC 220-47-801 | Puget Sound all-citizen commercial salmon fishery. |
The following section of the Washington Administrative Code is repealed:
| WAC 220-69-24000X | Duties of commercial purchasers and receivers. (01-185) |