WSR 99-23-016

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-194 -- Filed November 5, 1999, 4:29 p.m. , effective November 8, 1999, 12:01 a.m. ]

Date of Adoption: November 5, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-605.

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 has been identified as 2.7 million. Area 7B in-season chum run size indicates a return of slightly less than 60,000. All-citizen fishers have already taken more than 60% of the allocation in Area 7B, and if the fishery is [to] be extended over the duration of the run and not take a disproportionally large portion of catch from the early part of the run, it is necessary to reduce the fishing time from the present five days per week. Although weaker than the preseason forecast, the in-season update for Areas 10 and 11 chum show remaining harvest available, so the commercial fishery will proceed as scheduled. Hood Canal chum forecast was reduced to approximately one-half million from the original preseason prediction, but there is no good in-season update available for this run. In order to meet hatchery egg-take needs, it is necessary to allow more than 300,000 chum to escape fisheries. Catch data to date point to one of the smallest runs in recent history (lowest terminal run size in the last 12 years was 1989 when the run numbered slightly less than 300,000), therefore, the fishery is being closed at this time in an effort to assure hatchery goals will be met. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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: November 8, 1999, 12:01 a.m.

November 5, 1999

Jeff P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-606
Puget Sound all-citizen commercial salmon fishery.

Notwithstanding the provisions of Chapter 220-47 WAC, effective 12:01 a.m. November 8, 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 7B Open to gill nets using 6 1/4 inch minimum mesh and to purse seines using the 5 inch strip as follows:

from 6:00 a.m. November 8 through 4:00 p.m. November 11, from 6:00 a.m. November 15 through 4:00 p.m. November 18, from 6:00 a.m. November 22 through 4:00 p.m. November 25, from 6:00 a.m. November 29 through 4:00 p.m. December 2, and from 6:00 a.m. December 6 through 4:00 p.m. December 9.

Area 8 Open to purse seines using the 5 inch strip from 7:00 a.m. to 5:00 p.m. 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. November 9, November 15, and November 23.

Areas 8A and 8D Open to purse seines using the 5 inch strip from 7:00 a.m. to 5:00 p.m. 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: November 10, November 11, November 15, November 16, November 22, November 23, and November 24.

Areas 10 and 11 Open to purse seines using the 5 inch strip from 7:00 a.m. to 5:00 p.m. November 8, and November 16. Open to gill nets using 6 1/4 inch minimum mesh from 4:00 p.m. to 8:00 a.m. nightly: November 8, 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, 6D, 7, 7A, 7C, 7D, 7E, 9, 9A, 10A, 10C, 10D, 10E, 10F, 10G, 11A, 12, 12A, 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.

[]


REPEALER


The following section of the Washington Administrative Code are repealed effective 12:01 a.m. November 8, 1999:


WAC 220-47-605 Puget Sound all-citizen commercial fishery (99-187)

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