WSR 04-18-053

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-233 -- Filed August 27, 2004, 12:00 p.m. , effective September 2, 2004, 11:59 p.m. ]


Purpose: Personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-62000T and 232-28-62000U; and amending WAC 232-28-620.

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: The coho quota for Neah Bay (Area 4) is projected to be reached by Thursday night, September 2, 2004. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 26, 2004.

Jim Lux

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-62000U   Coastal salmon seasons.   Notwithstanding the provisions of WAC 232-28-620 and WAC 220-56-180, effective 11:59 p.m. September 2, 2004, until further notice, it is unlawful to fish for salmon in coastal waters during 2004 except as provided in this section, provided that unless otherwise amended all permanent rules remain in effect:

(1) Area 1 - Open until further notice - Daily limit 2 salmon, except release wild coho.

Minimium size for chinook salmon is 24 inches in length and 16 inches in length for coho.

(2) Areas 2, 2-1, and 2-2:

(a) Area 2 - Open until further notice - Daily limit 2 salmon, minimum size for chinook salmon is 24 inches in length and 16 inches in length for coho.

(b) Area 2-1 - Open immediately until further notice, daily limit 6 salmon, not more than two of which may be adult salmon.

(c) Area 2-2 west of the Buoy 13 line - Open until further notice - Daily limit 2 salmon..

(3) Area 3 - Open until further notice - Daily limit 2 salmon, except release wild coho. Minimum size for chinook salmon is 24 inches in length and 16 inches in length for coho.

(4) Area 4: Closed until further notice.

(5) It is unlawful to land or possess any unmarked coho in Marine Areas 1 and 3. Unmarked coho are those coho with intact adipose and ventral fins.

[]

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 section of the Washington Administrative Code is repealed effective 11:59 p.m. September 2, 2004:


WAC 232-28-62000T Coastal salmon seasons. (04-227)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. September 20, 2004:


WAC 232-28-62000U Coastal salmon seasons.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office