WSR 03-22-018

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-278 -- Filed October 24, 2003, 3:24 p.m. ]

Date of Adoption: October 24, 2003.

Purpose: Amend commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-40-02700C; and amending WAC 220-40-027.

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: Harvestable numbers of salmon and sturgeon are available for commercial harvest. The six hour extension to this fishery allows fishers to access opportunity lost due to inclement weather which for safety reasons forced fishers off the water.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

October 24, 2003

J. P. Koenings

Director


NEW SECTION
WAC 220-40-02700D   Salmon -- Willapa Bay fall fishery.   Notwithstanding the provisions of WAC 220-40-027, effective immediately until further notice, it is unlawful to fish for salmon in Willapa Bay for commercial purposes or to possess salmon taken from those waters for commercial purposes, except that:


Fishing periods

(1) Gill net gear may be used to fish for salmon:

Time Area
12 p.m. (noon) October 26 through 6:00 p.m. October 28, 2003 Areas 2G west of a line drawn true north-south through Willapa Channel Marker 10 and east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach but excluding the area southerly and easterly of a line from Island Sands Light to Ramsey Point, 2M and 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
Noon, November 5 through noon November 30, 2003 Areas 2G, 2H, 2J and 2M

(2) The Tokeland Boat basin is closed to commercial fishing during the openings in SMCRA 2G described in this section. The Tokeland Boat basin means that portion of SMCRA 2G bounded on the south by the shoreline of the boat basin, on the west by the seawall and on the north and east by a line from the Tokeland Channel Marker "3" (flashing green, 4-second) to Tokeland Channel Marker "4" to the tip of the seawall.


Gear

(3) Gill net gear restrictions - All areas:

(a) Drift gill net gear only. It is unlawful to use set net gear.

(b) Effective immediately through October 31, 2003 - 6-1/2 inch maximum mesh.

(c) November 1 through November 30, 2003 - 9-inch minimum mesh.

(d) Fishers must be willing to take WDFW observers when participating in these openings.


Other

(4) All wholesale dealers and fishers retailing their fish will be required to report their landing by 10:00 a.m. the day following landing. Ticket information can be telephoned in by calling 1-866-791-1280 or faxing the information to 360-664-4689 or e-mailing to harborfishtickets@dfw.wa.gov. Report: dealer name, purchase location, date of purchase, the fish ticket numbers, gear used, catch area, total number for each species including take home fish and the total weight for each species.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-40-02700C Salmon -- Willapa Bay fall fishery. (03-272)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office