WSR 99-17-045

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-119-- Filed August 13, 1999, 9:32 a.m. ]

Date of Adoption: August 12, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-24-02000K; 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 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: A harvestable quota of chinook and coho salmon are available for commercial 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

August 12, 1999

Jeff P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-24-02000K
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 and 3.

(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 typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

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 effective 11:59 p.m. September 30, 1999:


WAC 220-24-02000K Commercial salmon troll.

Washington State Code Reviser's Office