WSR 01-24-001

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-261 -- Filed November 21, 2001, 1:49 p.m. , effective November 25, 2001, 11:59 p.m. ]

     Date of Adoption: November 21, 2001.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-806; 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 nontreaty share of 8A chum has been taken. Closure of the fishery is necessary to prevent exceeding the targeted nontreaty harvest goal. Area 8D is being allowed to reopen on its original schedule because the egg take goal for Tulalip Hatchery is expected to be reached this week and there is a nontreaty harvestable share of chum salmon remaining in Area 8D. There is insufficient time to use the permanent regulation process to effect these changes.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 25, 2001, 11:59 p.m.

November 21, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-807   Puget Sound all-citizen commercial salmon fishery.   Notwithstanding the provisions of Chapter 220-47 WAC, effective 11:59 p.m. on November 25, 2001 until further notice it is unlawful to take, fish for or possess salmon taken for commercial purposes in all Puget Sound Salmon Management and Catch Reporting Areas except in accordance with the following open periods, gears, mesh size and species restrictions.

     Area 8D: Open as follows:

     Purse Seine - Open to purse seines using 5-inch strip from 7:00 a.m. to 5:00 p.m. each day November 27, through November 29, 2001. It is unlawful to retain chinook salmon taken with purse seine gear in Area 8D, and any chinook salmon caught with purse seine gear must be released immediately.

     Gill Nets - Open to gill nets 6 1/4 inch minimum mesh from 7:00 a.m. to 8:00 p.m. each day November 26, through November 28, 2001.

     All other saltwater and freshwater areas are closed.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 11:59 p.m. November 25, 2001:


WAC 220-47-806 Puget Sound all-citizen commercial salmon fishery. (01-258)

© Washington State Code Reviser's Office