Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-19100C; and amending WAC 220-56-191.

Statutory Authority for Adoption: RCW 75.08.080.

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 is necessary to reduce impacts on a weak Canadian coho stock, the Thompson River run, in fulfillment of recent agreements reached between the state of Washington and Canada. The Fish and Wildlife Commission adopted a motion, with one proviso, at their June 30, 1998, meeting in Silverdale, supporting the proposal WDFW staff developed to protect Thompson River coho. That proviso required the WDFW staff to estimate reduced Area 7/7A sockeye gill net fishing effort, resulting from some gill net fishers having not yet installed mandatory "bird web" in their nets, and use those savings to shorten the August 1 through August 10 sport fishing closure in Areas 5 and 6. Staff estimated that between 50% and 80% of last year's gill net fishing effort would participate in the Area 7/7A sockeye fishery, and used the latter number as the conservative estimate for coho protection. There are too few expected gill net savings of Thompson River coho to further reduce the Areas 5 and 6 closure period, and therefore, the staff proposal is being adopted as presented to the commission.

Other Washington salmon stocks will also benefit incidentally from this action. The effect of actions taken to reduce impacts on Thompson River coho will additionally conserve commingled coho originating in the Strait of Juan de Fuca region, and weak Puget Sound chinook runs. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 1.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: August 1, 1998, 12:01 a.m.

June 30, 1998

Lisa Pelly, Chair

Fish and Wildlife Commission

WAC 220-56-19100C  Puget Sound salmon - Saltwater seasons and daily limits. Notwithstanding the provisions of WAC 220-56-191 and WAC 220-56-199:

(1) Effective 12:01 a.m. August 1, through August 10, 1998, it is unlawful to fish for or possess salmon taken for personal use from Catch Record Card Areas 5 and 6.

(2) Effective 12:01 a.m. August 16, 1998 through August 29, 1998:

(a) It is unlawful to fish for or possess salmon taken for personal use in that portion of Catch Record Card Area 7 identified as the East San Juan Islands, as described in WAC 220-56-199.

(i) Notwithstanding the provisions of subsection (a) Bellingham Bay remains open to salmon angling with a daily limit of 4 salmon of which one may be chinook.

(b) All coho must be released in that portion of Catch Record Card Area 7 lying northerly and westerly of the East San Juan Islands as described in WAC 220-56-199.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 11:59 p.m. August 29, 1998:

WAC 220-56-19100C Puget Sound salmon--Saltwater seasons and daily limits.