WSR 99-16-053

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-109-- Filed July 30, 1999, 3:38 p.m. ]

Date of Adoption: July 29, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-24-02000I and 220-24-02000J; and amending WAC 220-24-020.

Statutory Authority for Adoption: RCW 75.08.080.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: A harvestable quota of chinook and coho salmon are available for troll fishermen. This regulation is adopted at the recommendation of the Pacific Fisheries Management Council and is consistent with federal law. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Immediately.

July 29, 1999

Jeff P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-24-02000J
Commercial salmon troll.

Notwithstanding the provisions of WAC 220-24-010, 220-24-020 and WAC 220-24-030, effective immediately until further notice it is unlawful to fish for or possess salmon taken for commercial purposes with troll gear from those waters west of the Bonilla-Tatoosh line, the Pacific Ocean and waters west of the Buoy 10 Line at the mouth of the Columbia River from the U.S. - Canada border to Cape Falcon, Oregon except as provided for in this section:

(1) Effective immediately through 11:59 p.m. September 30, 1999, it is lawful to fish for and possess salmon in those waters of Washington Catch Reporting Areas 2, 3 and that portion of area 4 which is west of 12505'00" W Longitude and South of 4810'00"N from Leadbetter Point north to Cape Flattery (4823'00" N).

(2) Open Saturdays through Tuesdays and closed Wednesdays through Fridays.

(3) Gear is restricted to all legal troll gear with single point, single shank barbless hooks only. For purposes of this section, "legal troll gear" has the same meaning as "troll fishing gear" in the Federal Register [64 FR 24078, May 5, 1999]

(4) Each participating vessel must land and deliver to a port within the area or an adjacent closed area within 24 hours of any closure.

(5) No chinook salmon smaller than 28 inches in total length or coho salmon smaller than 16 inches in length may be taken or retained in the fishery provided for herein, except that frozen salmon taken in this fishery may be landed pursuant to WAC 220-20-015.

(6) It is unlawful to fish for or possess salmon taken for commercial purposes with gear other than troll gear.

[]

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
[REPEALER]


The following section of the Washington Administrative Code is repealed:


WAC 220-24-02000I Commercial salmon troll. (99-94)

The following section of the Washington Administrative Code is repealed effective 11:59 p.m. September 30, 1999:


WAC 220-24-02000J Commercial salmon troll.

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.