WSR 02-21-009

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-250 -- Filed October 4, 2002, 2:04 p.m. ]

     Date of Adoption: October 4, 2002.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-47-311.

     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: This rule implements, for the indicated areas, an essential element in the coho salmon management plans that were developed and agreed to by comanagers in the North of Falcon meetings earlier in the year. In the North of Falcon forum, the fishing plans were evaluated to assess expected impacts, arising from both catch and fishing release mortalities, on the various coho stocks. Regulation inputs to the computer model used in evaluating those impacts included a requirement for purse seines to release coho salmon during scheduled purse seine fishing openings in the areas identified above. In areas where coho retention by purse seines is allowed (7B-Nooksack/Samish origin fish; 8-Skagit origin fish; 8B-Tulalip Bay origin fish) the stocks can support harvest and release was not agreed to in the rule development process. This requirement for purse seines to release coho in the listed areas was inadvertently omitted from the permanent commercial fishing regulations that were promulgated following completion of the fishing plans. It is necessary to implement this purse seine coho release requirement in order to comply with comanagers' agreements and to meet conservation objectives for the various coho salmon stocks. Repeal of this section is scheduled to occur after the final purse seine fishing day of the 2002 Puget Sound commercial salmon fishing season. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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 4, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-31100C   Purse seine--Open periods.   Notwithstanding the provisions of WAC 220-47-311, effective immediately until further notice, it is unlawful to retain coho salmon taken with purse seine gear in Salmon Management and Catch Reporting Areas 7, 7A, 8A, 10, 11, 12, 12B, and 12C.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 11:59 p.m. December 6, 2002:


WAC 220-47-31100C Purse seine--Open periods.

© Washington State Code Reviser's Office