WSR 00-18-053

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-177 -- Filed August 31, 2000, 4:48 p.m. ]

Date of Adoption: August 31, 2000.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-24-02000N and 220-24-02000P; and amending WAC 220-24-020.

Statutory Authority for Adoption: RCW 77.12.047.

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: A harvestable surplus of salmon is available for the troll fleet. These rules are adopted at the recommendation of the Pacific Fisheries Management Council, in accordance with preseason fishing plans. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

August 31, 2000

J. P. Koenings

Director


NEW SECTION
WAC 220-24-02000P
Commercial salmon troll.

Notwithstanding the provisions of WAC 220-24-010, 220-24-020 and WAC 220-24-030, effective immediately until further notice it is unlawful to fish for or possess salmon taken for commercial purposes with troll gear from those waters west of the Bonilla-Tatoosh, the Pacific Ocean and waters west of the Buoy 10 Line at the mouth of the Columbia River except as provided for in this section:

(1) Effective 12:01 a.m. September 1 through 11:59 p.m. September 5, 2000, Salmon Management and Catch Reporting Areas 1 and 2 from Cape Falcon, Oregon north to the Queets River will be open for a marked coho directed, all-salmon fishery.

SEASON:

12:01 a.m. September 1, through 11:59 p.m. September 5, 2000

(a) Gear is restricted to all legal troll gear with single point, single shank barbless hooks only. Each participating vessel must land and deliver in the area or adjacent closed area within 24 hours of each closure. All salmon species are legal but all retained coho must have a healed adipose fin clip. Salmon fishing closed in a control zone at the mouth of the Columbia River, described as:

(b) Columbia Control Zone - An area at the Columbia River mouth, bounded on the west by a line running northeast/southwest between the red lighted Buoy #4 (4613'35" N. Lat., 12406'50" W. long.) and the green lighted Buoy #7 (4615'09' N. lat., 12406'16" W. long.); on the east, by the Buoy #10 line which bears north/south at 357 true from the south jetty at 4614'00" N. lat., 12403'07" West. long. to its intersection with the north jetty; on the north, by a line running northeast/southwest between the green lighted Buoy #7 to the tip of the north jetty (4614'48" N. lat., 12405'20" W. long.) and then along the north jetty to the point of intersection with the Buoy #10 line; and, on the south, by a line running northeast/southwest between the red lighted Buoy #4 and tip of the south jetty (4614'03" N. lat., 12404'05" W. long.), and then along the south jetty to the point of intersection with the Buoy #10 line.

(2) In the fisheries authorized in this section:

(a) No chinook salmon smaller than 28 inches in total length or coho smaller than 16 inches in total length may be taken or retained. Except that frozen salmon taken in this fishery may be landed pursuant to WAC 220-20-015.

(b) It is unlawful to fish for or possess salmon taken for commercial purposes with gear other than troll gear.

(c) It is unlawful to land salmon taken south of Cape Falcon in any port north of Cape Falcon, except when the waters north of Cape Falcon are closed. It is unlawful to land chinook taken south of Cape Falcon that are less than 26 inches in length.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-24-02000N Commercial salmon troll. (00-156)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. September 6, 2000:


WAC 220-24-02000P Commercial salmon troll.

Washington State Code Reviser's Office