WSR 97-20-069

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-204--Filed September 25, 1997, 4:50 p.m., effective September 28, 1997, 12:01 a.m.]

Date of Adoption: September 25, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-817; and amending WAC 220-47-401.

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: Restrictions on retention of chinook in the reef net fishery remain necessary to reduce nontreaty impacts on stocks of concern.

Restrictions in the Area 7B coho-directed fishery to reduce nontreaty chinook impacts are no longer necessary because chinook escapement needs to the Samish hatchery appear to be attained.

Repealer of WAC 220-47-817 provides for fisheries openings relative to agreements reached during the Pacific Marine Fisheries Council/North of Falcon preseason planning process, per preseason regulations adopted by the Washington Fish and Wildlife Commission as permanent rule 97-124, chapter 220-47 WAC.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: September 28, 1997, 12:01 a.m.

September 25, 1997

Larry Peck

for Bern Shanks

Director

NEW SECTION

WAC 220-47-40100A Reef net open periods. Notwithstanding the provisions of Section 220-47-401 WAC, effective 12:01 a.m. Sunday September 28, 1997 until further notice, it is unlawful to retain chinook salmon taken with reef net gear.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. Sunday September 28, 1997: