WSR 04-21-044

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-285 -- Filed October 15, 2004, 3:33 p.m. , effective October 19, 2004, 11:59 p.m. ]


Purpose: Amend commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100T.

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 comanagers agreed to update the south Puget Sound chum run size from the original preseason forecast of 566,000 to an in-season-update of 725,000 chum. This modification is based on purse seine catch models derived from both the Apple Cove test fishery and the first week's commercial opening. Without expansion of the fishery it may be impossible to take the full nontreaty share. This fishery is not expected to exceed chinook or summer chum by-catch levels modeled during the preseason process. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: October 15, 2004.

J. P. Koenings

Director


NEW SECTION
WAC 220-47-31100T   Purse seine -- Open periods.   Notwithstanding the provisions of WAC 220-47-311, effective 11:59 October 19 through 11:59 p.m. October 20, 2004, it is unlawful to take, fish for or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 10 or 11 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 for all other catch reporting areas remain in effect:


AREA TIME - DATE(S)
10&11: 8AM - 6PM 10/20

Chinook and Coho salmon must be released.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 21, 2004:


WAC 220-47-31100T Purse seine -- Open periods.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office