WSR 02-23-058

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-287 -- Filed November 15, 2002, 4:58 p.m. , effective November 15, 2002, 7:01 p.m. ]

     Date of Adoption: November 15, 2002.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100H and 220-47-41100G; and amending WAC 220-47-311 and 220-47-411.

     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: There are remaining chum salmon available for harvest in Areas 10, 11, 12 and 12B. These fishing plans have been discussed and reviewed by comanagers. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 15, 2002, 7:01 p.m.

November 15, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-31100I   Purse seine -- Open periods.   Notwithstanding the provisions of WAC 220-47-311:

     (1) Effective immediately through December 6, 2002, it is unlawful to retain chinook and coho salmon taken with purse seine gear in Salmon Management and Catch Reporting Areas 7, 7A, 8A, 10, 11, 12, 12B, and 12C, and it is unlawful to retain chinook salmon taken with purse seine gear in Salmon Management and Catch Reporting Areas 8 and 8D.

     (2) Effective immediately through 4:00 p.m. December 6, 2002, that portion of Area 7B east of a line from Post Point to the flashing red light at west entrance to Squalicum Harbor is open to purse seines 24 hours per day 7 days per week.

     (3) Areas 8A and 8D are closed until further notice.

     (4) Areas 10 and 11 are open from 7:00 a.m. until 5:00 p.m. on November 18, 2002.

     (5) Areas 12, 12B and 12C are closed, except:

     (a) Areas 12 and 12B are open from 7:00 a.m. until 5:00 p.m. on November 18, 2002 and open from 7:00 a.m. until 12:00 noon on November 19, 2002.

[]


NEW SECTION
WAC 220-47-41100H   Gill net -- Open periods.   Notwithstanding the provisions of WAC 220-47-411:

     (1) Effective immediately through 4:00 p.m. December 6, 2002, that portion of Area 7B east of a line from Post Point to the flashing red light at west entrance to Squalicum Harbor is open to gill nets, using 6-1/4 inch minimum mesh, 24 hours per day 7 days per week.

     (2) Areas 8A and 8D are closed until further notice.

     (3) Areas 10 and 11 are open to gill nets, using 6-1/4 inch minimum mesh, from 4:00 p.m. November 18 until 8:00 a.m. November 19, 2002.

     (4) Areas 12 12B, and 12C are closed, except:

     (a) Areas 12 and 12B are open to gill nets, using 6-1/4 inch minimum mesh, from 12:01 a.m. November 18 until 12:00 noon November 19, 2002.

[]

     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.
REPEALER


     The following sections of the Washington Administrative Code are repealed effective 7:01 p.m. November 15, 2002:


WAC 220-47-31100H Purse seine -- Open periods. (02-286)
WAC 220-47-41100G Gill net -- Open periods. (02-286)

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