WSR 99-20-009

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-165-- Filed September 24, 1999, 9:32 a.m. , effective September 25, 1999, 12:01 a.m. ]

Date of Adoption: September 23, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-603, 220-47-30700C, 220-47-31100B, 220-47-32500A, 220-47-40100B, 220-47-41000A, 220-47-41100A, 220-47-41200A, and 220-47-43000A; and amending WAC 220-47-401.

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: The reef net fishery in Puget Sound for 1999 is being closed at the request of the industry. A poor return in the pink and sockeye fishery canceled all fishing opportunity for the year, and the expected coho return is insufficient to offset licensing and gear costs for the majority of reef net fishers. The lack of harvest opportunity invokes RCW 75.30.021, which waives license requirements for 1999. This rule is being adopted for the economic well-being of the industry. A gill net maximum mesh size is being restored in Area 7B because all chinook in excess of hatchery brood stock needs have already been harvested. All other open periods and restrictions are consistent with fishing plans developed and agreed to during the PFMC/North of Falcon processes. An emergency exists in that 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 9.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 25, 1999, 12:01 a.m.

September 23, 1999

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-47-40100C
Reef net open periods.

Notwithstanding the provisions of WAC 220-47-401, effective immediately until further notice it is unlawful to fish for salmon with reef net gear in all state waters.

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NEW SECTION
WAC 220-47-604
Puget Sound all-citizen commercial salmon fishery.

Notwithstanding the provisions of Chapter 220-47 WAC, 12:01 a.m. September 25, 1999 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: 9/27, 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 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 through 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: 9/27, 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 9/28, 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 through

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, 7, 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 sections of the Washington Administrative Code are repealed effective 11:59 p.m. September 24, 1999:


WAC 220-47-603 Puget Sound all-citizen commercial fishery (99-158)
WAC 220-47-30700C Closed areas--Puget Sound salmon (99-103)
WAC 220-47-31100B Purse seine--Open periods (99-103)
WAC 220-47-32500A Purse seine--Release of incidentally caught fish (99-103)
WAC 220-47-40100B Reef net open periods (99-103)
WAC 220-47-41000A Gill net--Daily hours (99-103)
WAC 220-47-41100A Gill net--Open periods (99-103)
WAC 220-47-41200A Drift gill net and skiff gill net--Mesh sizes (99-103)
WAC 220-47-43000A Puget Sound commercial salmon--Log book required. (99-103)

Washington State Code Reviser's Office