WSR 99-21-040

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-187-- Filed October 15, 1999, 3:52 p.m. , effective October 18, 1999, 12:01 a.m. ]

Date of Adoption: October 15, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-604.

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: Areas 7 and 7A chum directed fishery remains closed. Test fishing in Canadian Area 12 has been reviewed and the in-season run-size remains at 2.9 million. Areas 10 and 11 chum directed commercial fishery is being postponed one week to protect a weaker than expected return of coho salmon. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 18, 1999, 12:01 a.m.

October 15, 1999

Jeff P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-605
Puget Sound all-citizen commercial salmon fishery.

Notwithstanding the provisions of Chapter 220-47 WAC, 12:01 a.m. October 18, 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: October 18, October 19, October 20, October 21 and October 22.

It is unlawful to retain chinook, or pink salmon taken in Area 6D at any time. Any chinook or pink salmon captured 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 p.m. Saturday, October 23, and open to gill nets using 6 1/4 minimum mesh and to purse seines using the 5 inch strip as follows:

from 6:00 a.m. October 25 through 4:00 p.m. October 29,

from 6:00 a.m. November 1 through 4:00 p.m. November 5,

from 6:00 a.m. November 8 through 4:00 p.m. November 12,

from 6:00 a.m. November 15 through 4:00 p.m. November 19,

from 6:00 a.m. November 22 through 4:00 p.m. November 26,

from 6:00 a.m. November 29 through 4:00 p.m. December 3, and

from 6:00 a.m. December 6 through 4:00 p.m. December 10.

Area 8 Open to purse seines using the 5 inch strip from 7:00 a.m. to 6:00 p.m. October 25, and from 7:00 a.m. to 5:00 p.m. November 2, November 8, November 16, and November 22. Open to gill nets using 6 1/4 inch minimum mesh from 7:00 a.m. to 8:00 p.m. October 26, November 1, November 9, November 15, and November 23.

Area 8A Open to purse seines using the 5 inch strip from 7:00 a.m. to 6:00 p.m. October 20, October 21, October 25, and October 26; also open from 7:00 a.m. to 5:00 p.m. November 3, November 4, November 8, November 9, November 17, November 18, November 22, November 23, and November 24. Open to gill nets using 6 1/4 inch minimum mesh from 7:00 a.m. to 8:00 p.m. daily: October 18, October 19, October 27, October 28, November 1, November 2, November 10, November 11, November 15, November 16, November 22, November 23, and November 24.

Area 8D Open for gill nets using 5 inch minimum mesh from 7:00 a.m. to 8:00 p.m. daily: October 18, October 19, October 27, October 28, November 1, November 2; and open for gill nets using 6 1/4 inch minimum mesh from 7:00 a.m. to 8:00 p.m. daily: November 10, November 11, November 15, November 16, November 22, November 23, and November 24. Open for purse seines using the 5 inch strip from 7:00 a.m. to 6:00 p.m. October 20, October 21, October 25, and October 26; and open from 7:00 a.m. to 5:00 p.m. November 3, November 4, November 8, November 9, November 17, November 18, November 22, November 23, and November 24.

Area 9A Open to gill nets using 5 inch minimum mesh through 4:00 p.m. Saturday, October 30.

Areas 10 and 11 Open to purse seines using the 5 inch strip from 7:00 a.m. to 6:00 p.m. October 25; also open from 7:00 a.m. to 5:00 p.m. November 2, November 3, November 8, and November 16. Open to gill nets using 6 1/4 inch minimum mesh from 5:00 p.m. to 8:00 a.m. nightly: October 25; also open from 4:00 p.m. to 8:00 a.m. nightly: November 1, November 2, November 8, and November 15.

Areas 12 and 12B Open to purse seines using the 5 inch strip from 7:00 a.m. to 6:00 p.m. October 19, October 25; also open from 7:00 a.m. to 5:00 p.m. November 3, November 4, November 8, November 9, and November 16. Open to gill nets using 6 1/4 inch minimum mesh from 7:00 a.m. to 8:00 p.m. daily: October 18, October 26, November 1, November 2, November 10, November 11, and November 15.

It is unlawful to retain chinook salmon taken with purse seine gear. It is unlawful to retain coho taken with purse seine gear in Catch Areas 10 or 11.

Nightly gill net openings refer to the start date.

Areas 4B, 5, 6, 6A, 6B, 6C, 7, 7A, 7C, 7D, 7E, 9, 10A, 10C, 10D, 10E, 10F, 10G, 11A, 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 are repealed effective 12:01 a.m. October 18, 1999:


WAC 220-47-604 Puget Sound all-citizen commercial fishery (99-165)

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.

Washington State Code Reviser's Office