WSR 99-19-092

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-158-- Filed September 17, 1999, 4:58 p.m. ]

Date of Adoption: September 17, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-602.

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 are consistent with coho salmon management decisions derived from the PFMC/North of Falcon process and the draft Hood Canal/Strait of Juan de Fuca summer chum plan (the summer chum are listed under the federal Endangered Species Act). In Area 7B the tribes have exceeded their chinook allocation, and harvestable numbers of chinook remain in the all-citizen allocation. Therefore, even though we are in the coho management period for Area 7B, the maximum mesh size on gill nets is being rescinded so all-citizen fishers can pursue the remaining harvestable chinook. Purse seines in Area 7B will not be permitted to retain chinook because it was agreed in North of Falcon meetings that purse seines would release chinook in all fishery openings in 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

September 17, 1999

B. J. Bjork

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-47-603
Puget Sound all-citizen commercial salmon fishery.

Notwithstanding the provisions of Chapter 220-47 WAC, immediately 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 am to 7:00 pm 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 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 gill nets using 5 inch minimum mesh and to purse seines using the 5 inch strip during the following periods: 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 gill nets using 5 inch minimum mesh from 7:00 am to 8:00 pm Tuesday, October 12.

Area 8D Open for gill nets 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 seines 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 gill nets 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 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:
WAC 220-47-602 Puget Sound all-citizen commercial fishery (99-154)

Washington State Code Reviser's Office