WSR 99-19-009

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-146-- Filed September 3, 1999, 4:22 p.m. , effective September 5, 1999, 12:01 a.m. ]

Date of Adoption: September 3, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-601.

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: Open periods and other restrictions contained in this order were agreed for the management of coho salmon during the PFMC/North of Falcon process, with the final agreements being reached at the April 9, 1999, meeting of the PFMC in Sacramento, California. These seasons were defined in a package of permanent regulations that was filed under the expedited rule-making process after the conclusion of the PFMC meetings. However, before the package of permanent rules could take effect, one rule change, that affected the conduct of the Fraser Panel sockeye fishery, was challenged and has delayed the rest of the package of commercial rules from taking effect. The coho salmon management period is beginning, and there is insufficient time to adopt new permanent rules for the conduct of these fisheries, which are not being challenged.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 5, 1999, 12:01 a.m.

September 3, 1999

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-47-601
Puget Sound all-citizen commercial salmon fishery.

Notwithstanding the provisions of Chapter 220-47 WAC, effective 12:01 a.m. Sunday September 5, 1999 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, mesh, area, and species restrictions:

Area 6D Open to skiff gillnets only using 5 inch minimum and 5 1/2 inch maximum mesh from 7:00 am to 7:00 pm on the following dates: 9/20, 9/21, 9/22, 9/23, 9/24, 9/27, 9/28, 9/29, 9/30, 10/1, 10/4, 10/5, 10/6, 10/7, 10/8, 10/11, 10/12, 10/13, 10/14, 10/15, 10/18, 10/19, 10/20, 10/21, 10/22.

It is unlawful to retain chinook, or pink salmon taken in Area 6D at any time, or any chum salmon taken in Area 6D prior to October 16. In Area 6D, any chinook or pink salmon captured at any time, or any chum salmon captured prior to October 16, 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 from 7:00 am to 7:00 pm daily beginning Sunday, September 26, through Saturday, November 13. It is unlawful to retain chinook salmon. Chum salmon caught prior to October 1 must be released immediately.

Area 7B Open to gillnets using 5 inch minimum and 5 1/2 inch maximum mesh and to purse seines using the 5 inch strip during the following periods:

6:00 am Tuesday, September 7 to 4:00 pm Thursday, September 9

6:00 am Monday, September 13 to 4:00 pm Wednesday, September 15

6:00 am Sunday, September 19 to 4:00 pm Saturday, October 23.

Area 8A Open to purse seines using the 5 inch strip from 7:00 am to 7:00 pm Monday, October 11, and open to gillnets using 5 inch minimum mesh from 7:00 am to 8:00 pm Tuesday, October 12.

Area 8D Open for gillnets using 5 inch minimum mesh from 6:00 pm to 8:00 am nightly on the following dates: 9/20, 9/21, 9/22, 9/27, 9/28, 9/29, 10/4, 10/5, 10/6, 10/7, and from 7:00 am to 8:00 pm daily: 10/12, 10/18, 10/19, 10/27, 10/28, 11/1, 11/2; and open for purse sienes using the 5 inch strip from 7:00 am to 7:00 pm daily 9/21, 9/22, 9/23, 9/28, 9/29, 9/30, 10/4, 10/5, 10/6, 10/7, 10/11, and from 7:00 am to 6:00 pm daily: 10/20, 10/21, 10/25, 10/26, and from 7:00 am to 5:00 pm 11/3, 11/4.

Area 9A Open to gillnets using 5 inch minimum mesh from 6:00 am Sunday, September 19 until 4:00 pm Saturday, October 30.

It is unlawful to retain chinook salmon taken with purse seine gear.

Nightly gillnet openings refer to the start date.

Areas 4B, 5, 6, 6A, 6B, 6C, 7A, 7C, 7D, 7E, 8, 9, 10, 10A, 10C, 10D, 10E, 10F, 10G, 11, 11A, 12, 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 are closed.

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Reviser's note: The spelling 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.
REPEALER


The following section of the Washington Administrative Code is repealed effective 5:01 p.m. November 4, 1999:


WAC 220-47-601 Puget Sound all-citizen commercial fishery

Washington State Code Reviser's Office