WSR 01-20-069

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-218 -- Filed September 28, 2001, 4:46 p.m. , effective September 30, 2001, 6:00 p.m. ]

     Date of Adoption: September 28, 2001.

     Purpose: Commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-40-02700W and 220-40-02700X; and amending WAC 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: The allowable chinook guideline of 6,500 fish has not been reached. The current chinook catch is 5,077 fish. In accordance to the Willapa Framework Plan additional fishing time is available without over harvesting natural coho. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 30, 2001, 6:00 p.m.

September 28, 2001

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-40-02700X   Salmon -- Willapa Bay fall fishery.   Notwithstanding the provisions of WAC 220-40-027, it is unlawful to fish for or possess salmon taken for commercial purposes from the waters of Willapa Bay except as provided for in this section:

     (1) Open 6:00 p.m. September 30 through 6:00 p.m. October 3, 2001 in Area 2G east of a line drawn true north-south through buoy 12, 2M, 2H, and 2J north of a true east-west line drawn through the North entrance marker to the Nahcotta Boat Basin (red flasher #2).

     (a) Gear - 6 1/2 inch maximum mesh, no depth restriction.

     (2) Open 6:00 p.m. October 10 through 6:00 p.m. October 11, 2001 in Area 2G east of a line drawn true north-south through Buoy 12, 2M, 2H and 2J north of a true east-west line drawn through the North entrance marker to the Nahcotta Boat Basin (red flasher #2).

     (a) Gear - 6 1/2 inch maximum mesh, no depth restriction.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective 6:00 p.m. September 30, 2001:


WAC 220-40-02700W Salmon -- Willapa Bay fall fishery. (01-214)

     The following section of the Washington Administrative Code is repealed effective 6:01 p.m. October 11, 2001:


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

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