WSR 04-22-018

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-289 -- Filed October 21, 2004, 3:07 p.m. , effective October 21, 2004 ]


Purpose: Amend commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100U, 220-47-41100V and 220-47-41100W; 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: Effort in this fishery has fallen from twenty-four purse seine vessels on October 13 and 14 to only six vessels observed on October 20. Without additional fishing days nontreaty commercial fishers are unlikely to be able to take the entire (95,000 chum share). Treaty-tribe comanagers have been consulted and agreed to this increase in fishing. There is insufficient time to make this a part of the permanent rules process. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 21, 2004.

J. P. Koenings

Director


NEW SECTION
WAC 220-47-31100U   Purse seine -- Open periods.   (1) Notwithstanding the provisions of Chapter 220-47-311 WAC, effective 11:59 October 21 through 11:59 October 22, 2004, it is unlawful to take, fish for or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 7 or 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 for all other catch reporting areas remain in effect:


AREA TIME - DATE(S)
7&7A: 8AM - 6 PM with use of operating recovery box 10/22
8AM - 3:30 PM without recovery box 10/22

Chinook and Coho salmon must be released or placed in an operating recovery box until the fish has recovered or death has occurred. All Chinook and coho must be released alive or dead.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 23, 2004:


WAC 220-47-31000U Purse seine -- Open periods.

NEW SECTION
WAC 220-47-41100W   Gill net -- Open periods.   (1) Notwithstanding the provisions of Chapter 220-47-411 WAC, immediately through November 5, 2004, it is unlawful to take, fish for or possess salmon taken 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 for all other catch reporting areas remain in effect:


AREA TIME - DATE(S) MINIMUM MESH
7, 7A: 8 AM - 8 PM 10/21, 10/22, 10/27, 10/28 6 1/4"
7 AM - 7 PM 11/3, 11/4

(2) Fishing vessel operators must be in possession of a "Fish Friendly" Best Fishing Practices certification card documenting attendance of a Best Fishing Practices workshop to participate in any area 7 or 7A salmon fishery.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-47-41100V Gill net -- Open periods. (04-279)

The following section of the Washington Administrative code is repealed effective 11:59 p.m. November 5, 2004:


WAC 220-47-41100W Gill net -- Open periods.

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