EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: November 16, 2001.
Purpose: Commercial fishing regulations.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-805; 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 the harvestable share of Bellingham Bay chum salmon has been taken. Closure of the fishery is required to prevent overharvest. Area 8 has a history of poor performance of in-season update models in the past, and the Skagit River system has not met the odd-year escapement goal for chum salmon since 1987. Under the "best" in-season update (the Blinkhorn model), the total available harvest has been taken, except a small, limited harvest of chum in the upper Skagit River remains to yet be caught. Both the nontreaty and Swinomish tribal fisheries in Area 8 are now closed. Area 8D is being closed to ensure escapement to the hatchery and may reopen when the egg take goal is achieved. Tulalip Hatchery is currently estimated to be approximately 25% of the way there. The run in Area 8A, based on preseason forecast, is 113,000, and that would provide 70,000 harvestable fish. There are sufficient numbers of harvestable remaining to be caught to maintain the schedule contained in permanent regulations. For southern Puget Sound, the nontreaty catch-to-date has been tabulated at 434,753 out of a total allocation share of 452,600. This leaves 17,847 fish that remain to be caught in the nontreaty share, but this is not enough fish to support a general opening for all gears. However, there is enough remaining in the share to support a two day opening for gill nets only. Hood Canal chum run size is estimated by WDFW to number approximately 618,500, and at this level sufficient numbers of harvestable fish remain for further fishing in Areas 12B and 12C. Per agreements, Area 12 will not open during this time period for protection of wild spawning chum salmon. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 16, 2001, 11:59 p.m.
November 16, 2001
Sara G. LaBorde
for Jeff Koenings
Director
Area 10 and 11: Open as follows:
Gill Nets - Open to gill nets 6 1/4 inch minimum mesh from 7:00 a.m. to 8:00 p.m. Monday, November 19 and Tuesday, November 20, 2001.
Area 12B and 12C: Open as follows:
Gill Nets - Open to gill nets 6 1/4 inch minimum mesh from 7:00 a.m. to 8:00 p.m. Monday, November 19, 2001.
Area 7B, 8, 8D, and 12: Closed
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The following section of the Washington Administrative Code
is repealed effective 11:59 p.m. November 16, 2001:
| WAC 220-47-805 | Puget Sound all-citizen commercial salmon fishery. (01-256) |