WSR 99-19-061

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-154-- Filed September 15, 1999, 11:05 a.m. , effective September 15, 1999, 5:01 p.m. ]

Date of Adoption: September 15, 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 in April 1999, with one exception. These seasons were then filed as permanent regulation proposals under the expedited rule-making process, but before they could take effect, one rule change affecting the Fraser Panel sockeye fishery was challenged. This delayed the rest of the commercial rules from taking effect, so WDFW is refiling the regulation package for a public hearing to be held later in the year. The Puget Sound coho salmon management period has already begun, and there is an emergency that exists in that there is insufficient time to adopt permanent rules for the harvest of coho salmon.

The one exception to the agreed to PFMC/North of Falcon package is the starting date of the Area 6D skiff gill net fishery. Originally, the start date agreed to at North of Falcon was set for September 20, but a different start date, September 21, was established by co-managers in the draft Hood Canal/Strait of Juan de Fuca summer chum plan. Co-managers determined it was critical for coho gill net fisheries to not begin prior to September 21 for protection of listed summer chum (listed under the federal Endangered Species Act). Their intent was to apply this start date to this year's coho fishery. Both the all-citizen skiff gill net fishery and the tribal gill net fishery will open simultaneously on September 21.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 15, 1999, 5:01 p.m.

September 15, 1999

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-47-602
Puget Sound all-citizen commercial salmon fishery.

Notwithstanding the provisions of Chapter 220-47 WAC, effective 5:01 p.m. September 15, 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 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: 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 p.m. 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 gill nets 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 Sunday, September 19 to 4:00 p.m. Saturday, October 23.

Area 8A Open to purse seines using the 5 inch strip from 7:00 a.m. to 7:00 p.m. Monday, October 11, and open to gill nets using 5 inch minimum mesh from 7:00 a.m. to 8:00 p.m. Tuesday, October 12.

Area 8D Open for gill nets using 5 inch minimum mesh from 6:00 p.m. to 8:00 a.m. 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 a.m. to 8:00 p.m. daily: 10/12, 10/18, 10/19, 10/27, 10/28, 11/1, 11/2; and open for purse seines using the 5 inch strip from 7:00 a.m. to 7:00 p.m. 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 a.m. to 6:00 p.m. daily: 10/20, 10/21, 10/25, 10/26, and from 7:00 a.m. to 5:00 p.m. 11/3, 11/4.

Area 9A Open to gill nets using 5 inch minimum mesh from 6:00 a.m. Sunday, September 19 until 4:00 p.m. Saturday, October 30.

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

Nightly gill net 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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REPEALER


The following section of the Washington Administrative Code is repealed effective 5:01 p.m. September 15, 1999:


WAC 220-47-601 Puget Sound all-citizen commercial fishery (99-146)

Washington State Code Reviser's Office