WSR 01-23-026

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-256 -- Filed November 9, 2001, 4:32 p.m. ]

     Date of Adoption: November 9, 2001.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-804; and amending chapter 220-47 WAC.

     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: In-season catch estimates indicate that the harvestable share of Bellingham Bay chum have been taken. Closure of the fishery is required to prevent over harvest. Run size in Area 8 has been upgraded and there are additional fish available for harvest. Area 8D is being closed to ensure escapement to the hatchery and may reopen when the egg take goal is achieved. Further openings in Areas 10 and 11 are pending allocation negotiations with treaty-tribe comanagers. Area 12C is closed and purse seine hours restricted in Area 12 and 12B as per negotiations with Treaty-Tribe comanagers. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

November 9, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-805   Puget Sound all-citizen commercial salmon fishery.   Notwithstanding the provisions of Chapter 220-47 WAC, effective 11:59 P.M. on November 9, 2001 until further notice it is unlawful to take, fish for or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 7B, 8, 8D, 10, 11, 12, 12B and 12C except in accordance with the following open periods, gears, mesh size and species restrictions.

     Area 12 and 12B: Open as follows:

     Purse Seine - Open to purse seines using 5-inch strip from 7:00 A.M. to 3:00 P.M. Tuesday November 13, 2001.

     Gill nets - Open to gill nets using 6 1/4 inch minimum mesh from 7:00 A.M. to 8:00 P.M. Monday, November 12, 2001.

     It is unlawful to retain chinook salmon taken with purse seine gear in Areas 12 and 12B, and any chinook salmon caught with purse seine gear must be released immediately.

     Area 8: Open as follows:

     Purse Seines - Open to purse seines using 5-inch strip from 7:00 A.M. to 5:00 P.M. daily Thursday November 15, 2001 and Friday November 16.

     Gill Nets - Open to gill nets using 6 1/4 inch minimum mesh from 7:00 A.M. to 8:00 P.M. daily Tuesday November 13, 2001 and Wednesday November 14, 2001.

     It is unlawful to retain chinook salmon taken with purse seine gear in Area 8, and any chinook salmon caught with purse seine gear must be released immediately.

     Area 7B, 8D, 10, 11 and 12C: Closed

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-47-804 Puget Sound all-citizen commercial salmon fishery. (01-251)

© Washington State Code Reviser's Office