WSR 98-18-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-169--Filed August 21, 1998, 3:25 p.m., effective August 23, 1998, 12:01 a.m.]

Date of Adoption: August 21, 1998.

Purpose: Commercial fishing regulations.

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: Provides opportunity to harvest the nontreaty allocation of hatchery origin fall chinook salmon destined for the Nooksack-Samish region, per the preseason schedule. This opening is consistent with agreements reached during the Pacific Fishery Management Council North of Falcon preseason process. All other Puget Sound areas are closed to prevent overharvest of local salmon stocks. An emergency exists in that there is insufficient time to promulgate permanent rules before the fish have [been] removed from the fishing grounds.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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 23, 1998, 12:01 a.m.

August 21, 1998

Evan Jacoby

for Bern Shanks

Director

NEW SECTION

WAC 220-47-901  Puget Sound all-citizen commercial salmon fishery. Notwithstanding the provisions of Chapter 220-47 WAC, effective 12:01 a.m. Sunday August 23, 1998 until further notice, it is unlawful to take, fish for, or possess salmon for commercial purposes taken from the following Puget Sound Salmon Management and Catch Reporting Areas except in accordance with the following open periods and mesh and area restrictions:

.* AREAS 7B and 7C - Gillnets using 7-inch minimum mesh may fish from 7:00 p.m. Monday August 24 to 9:00 a.m. Tuesday August 25, 1998.

.* Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7, 7A, 7D, 7E, 8, 8A, 8D, 9, 9A, 10, 10A, 10C, 10D, 10E, 10F, 10G, 11, 11A, 12, 12A, 12B, 12C, 12D, 13, 13A, 13C, 13D, 13E, 13F, 13G, 13H, 13I, 13J, and 13K, all freshwater areas, and exclusion zones provided for in WAC 220-47-307 - Closed.

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