WSR 03-22-017

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-277 -- Filed October 24, 2003, 3:20 p.m. ]

     Date of Adoption: October 24, 2003.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100L and 220-47-41100M; 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: This action adds a second fishing day in Areas 10 and 11 and three extra days in Areas 7 and 7A during the week of October 26 through November 1. These days are needed to help compensate for the low fishing effort experienced the first two weeks of the fisheries and allow for full utilization of the nontreaty chum allocation in these areas. This emergency rule maintains the appropriate minimum mesh sizes in Area 8A as agreed during the Pacific Fisheries Management Council and North of Falcon preseason planning meetings and during the August 2, 2003, Fish and Wildlife Commission meeting. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

October 24, 2003

J. P. Koenings

Director


NEW SECTION
WAC 220-47-31100M   Purse seine -- Open periods.   Notwithstanding the provisions of WAC 220-47-311, effective immediately until further notice, it is unlawful to take, fish for or possess salmon taken with gill net gear, for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A except in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect:


Area Time Date
7,7A 6:00 AM - 5:00PM 10/28, 10/29, 10/30, 10/31
6:00 AM – 5:00PM 11/6

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NEW SECTION
WAC 220-47-41100N   Gill net -- Open periods.   Notwithstanding the provisions of WAC 220-47-411, effective immediately until further notice, it is unlawful to take, fish for or possess salmon taken with gill net gear, for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 8A, 10, 11, 12 and 12B unless the gill net license holder provides the department with 24-hour notice prior to each day of fishing. The daily fishing notice to the department must include the gill net license holder's name, telephone number where they can be contacted and the area they will be fishing. The notice must be given by one of the following three means:

     (a) Fax transmission to 360-902-2949;

     (b) E-mail to psfishtickets@dfw.wa.gov; or

     (c) Toll-free telephone call to 1-866-791-1279

     Effective immediately until further notice, it is unlawful to take, fish for or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 7, 7A and 8A except in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect:

AREA TIME - DATE(S) MINIMUM MESH
7, 7A: 7AM - 7PM 10/28, 10/29, 10/30, 10/31, 11/5 6 1/4"
8A: 4PM - 8AM NIGHTLY 10/27, 10/28, 10/29, 10/30, 11/2, 11/4, 11/6, 11/10, 11/11, 11/12, 11/13, 11/16, 11/18, 11/20, 11/24, 11/25, 11/26, 11/27 6 1/4"

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-47-31100L Purse seine -- Open periods. (03-270)
WAC 220-47-41100M Gill net -- Open periods. (03-270)

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