EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: October 16, 2000.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-706.
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 above Puget Sound purse seine, gill net, and reef net openings are part of the final agreements reached at the April 7, 2000, meeting of the Pacific Fishery Management Council (PFMC) in Portland, Oregon. Those agreements were drafted into regulatory format and filed with the Code Reviser's Office under the expedited rule-making process. Those permanent rules do not include a chum salmon gill net and purse seine fishery in Area 10 and 11 in Management Week 43. This additional opening is in response to the increased run abundance of coho which lessened the conservation considerations that delayed the chum fishery in Area 10 and 11 during the preseason agreement. NMFS consultation resulted in an opinion that this fishery opening is consistent with the year 2000 fishery opinion of "no jeopardy." All other rules are consistent with agreements reached at the PFMC meeting. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 16, 2000, 11:59 p.m.
October 16, 2000
J. P. Koenings
Director
by Larry Peck
Notwithstanding the provisions of Chapter 220-47 WAC, effective 11:59 p.m. Monday, October 16, 2000 through 11:59 p.m. Saturday, October 21, 2000, 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, gears, mesh sizes, area, and species restrictions:
Area 6D: Open to skiff gill nets only using 5 inch minimum and 5 1/2 inch maximum mesh from 7:00 a.m. to 7:00 p.m. on the following dates: 10/17, 10/18, 10/19, 10/20.
In Area 6D, it is unlawful to retain chinook salmon at any time. Salmon that are unlawful to retain must be removed from the net by cutting the meshes ensnaring the fish. Area 6D is closed to commercial salmon fishing within 1/4 mile of each mouth of the Dungeness River.
Area 7: Open for reef nets daily, 7:00 a.m. to 7:00 p.m. It is unlawful to retain chinook salmon at any time.
Area 7A: Open for reef nets daily, 7:00 a.m. to 7:00 p.m. It is unlawful to retain chinook salmon at any time.
Area 7B: Open as follows:
gill nets - open to gill nets using 5 inch minimum mesh.
purse seines - open to purse seines using the 5-inch strip. It is unlawful for purse seines to retain chinook.
Area 8D: Open as follows:
gill nets - open to gill nets using 5 inch minimum mesh, 6:00 p.m. Wednesday, October 18 to 8:00 a.m. Friday, October 20.
purse seines - open to purse seines using 5-inch strip 7:00 a.m. to 7:00 p.m. Tuesday, October 17 and Wednesday, October 19. Purse seines may not retain chinook.
Area 9A: Open to gill nets using 5 inch minimum mesh.
Area 10: Open as follows:
gill nets - open to gill nets using 6 1/4 inch minimum mesh, 5:00 p.m. Wednesday, October 18 to 8:00 a.m. Thursday, October 19.
purse seines - open to purse seines using 5-inch strip and it is unlawful to retain chinook, 7:00 a.m. to 6:00 p.m. Wednesday, October 18. Purse seines may not retain chinook or coho salmon.
In Area 10, there is an in-season restriction closing those waters north of a line projected from Point Wells West to President Point to both gill nets and purse seines.
Area 11: Open as follows:
gill nets - open to gill nets using 6 1/4 inch minimum mesh, 5:00 p.m. Wednesday, October 18 to 8:00 a.m. Thursday, October 19.
purse seines - open to purse seines using 5-inch strip and it is unlawful to retain chinook, 7:00 a.m. to 6:00 p.m. Wednesday, October 18. Purse seines may not retain chinook or coho salmon.
Area 12: Open as follows:
gill nets - open to gill nets using 6 1/4 inch minimum, 7:00 a.m. to 8:00 p.m. Tuesday, October 17.
Area 12B: Open as follows:
gill nets - open to gill nets using 6 1/4 inch minimum, 7:00 a.m. to 8:00 p.m. Tuesday, October 17.
Areas 4B, 5, 6, 6A, 6B, 6C, 7C, 7D, 7E, 8, 8A, 9, 10A, 10C, 10D, 10E, 10F, 10G, 11A, 12A, 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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The following section of the Washington Administrative Code
is repealed effective 12:01 a.m. October 22, 2000:
| WAC 220-47-706 | Puget Sound all-citizen commercial salmon fishery. |