EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: November 8, 2002.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100F and 220-47-41100E; and amending WAC 220-47-311 and 220-47-411.
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: The all-citizen allocation of chum salmon in Areas 8A and 8D has already been attained. Hood Canal chum run has been updated to a run size of 856,000 and there is sufficient chum salmon remaining in the all-citizen allocation for additional fishing. Therefore, a one day opening for each gear type (purse seine and gill net) in Hood Canal is scheduled during each of the next two weeks. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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 8, 2002
J. P. Koenings
Director
(1) Effective immediately through December 6, 2002, it is unlawful to retain chinook and coho salmon taken with purse seine gear in Salmon Management and Catch Reporting Areas 7, 7A, 8A, 10, 11, 12, 12B, and 12C, and it is unlawful to retain chinook salmon taken with purse seine gear in Salmon Management and Catch Reporting Areas 8 and 8D.
(2) Effective immediately through 4:00 p.m. December 6, 2002, that portion of Area 7B east of a line from Post Point to the flashing red light at west entrance to Squalicum Harbor is open to purse seines 24 hours per day 7 days per week.
(3) Areas 8A and 8D are closed until further notice.
(4) Areas 12, 12B, and 12C are closed, except:
(a) Areas 12 and 12B are open from 7:00 a.m. until 5:00 p.m. on November 13 and November 18, 2002.
(b) Area 12C is open from 7:00 a.m. until 5:00 p.m. on November 18, 2002.
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(1) Effective immediately through 4:00 p.m. December 6, 2002, that portion of Area 7B east of a line from Post Point to the flashing red light at west entrance to Squalicum Harbor is open to gill nets, using 6-1/4 inch minimum mesh, 24 hours per day 7 days per week.
(2) Areas 8A and 8D are closed until further notice.
(3) Areas 12, 12B, and 12C are closed, except:
(a) Areas 12 and 12B are open to gill nets, using 6-1/4 inch minimum mesh, from 7:00 a.m. until 7:00 p.m. on November 12 and from 7:00 a.m until 6:00 p.m. November 19, 2002.
(b) Area 12C is open to gill nets, using 6-1/4 inch minimum mesh, from 7:00 a.m. until 6:00 p.m. on November 19, 2002.
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The following sections of the Washington Administrative Code are repealed:
| WAC 220-47-31100F | Purse seine -- Open periods. (02-277) |
| WAC 220-47-41100E | Gill net -- Open periods. (02-277) |