EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: October 9, 2001.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-50000A; and amending WAC 220-47-500.
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: During the North of Falcon preseason fisheries planning meetings, surplus harvestable coho were identified to be available in South Sound fishing areas. Consistent with this resource status, the preseason fishing agreement included a limited participation, nontreaty purse seine fishery in Area 11 during weeks 40 and 41 with a 4,000 coho harvest cap, subject to tribal agreement. This two purse seine fishery will help evaluate the potential feasibility of using purse seine gear in conjunction with onboard revival tanks to selectively harvest hatchery coho. It also will support the specific management objective of providing nontreaty harvest access to the nontreaty share of harvestable hatchery coho while protecting natural coho stocks that have been in decline in south Puget Sound. The fishery would be closed if and when the 4,000 coho harvest cap is reached. In addition, if the encounters of coho are very low or the incidence of chum is unacceptably high, such that the objective of the fishery are not being met, the fishery would also be closed. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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:
Immediately.
October 9, 2001
Sara G. LaBorde
for Jeff Koenings
Director
(1) The fishing Vessel "New Oregon" operated by Mr. Andy Blair and the Fishing vessel "Grayling" operated by Mr. Mitchell Beritich are authorized to conduct salmon fishing purse seine operations in Puget Sound Salmon Management and Catch Reporting Area 11 under the following conditions:
(a) Fishing hours 7:00 a.m. October 11 through 7:00 p.m. October 11, 2001.
(b) Participation is contingent on onboard monitoring by a WDFW observer.
(c) Only chum and hatchery coho may be retained.
(d) Wild coho must be placed in a revival tank and held until completion of the next set or 1 hour whichever is less.
(e) Other species of salmon must be released immediately
(f) Departures from these conditions can be authorized on scene by the WDFW observer.
[]
The following section of the Washington Administrative Code
is repealed effective 7:01 p.m. October 11, 2001:
| WAC 220-47-50000A | Limited participation salmon net fisheries. |