WSR 04-23-014

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-298 -- Filed November 5, 2004, 2:33 p.m. , effective November 5, 2004, 11:59 p.m. ]


Purpose: Amend commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100X, 220-47-31100Y, 220-47-41100Y and 220-47-41100Z; 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: It is estimated that there are sufficient harvestable fish remaining in the nontreaty share in Areas 7 and 7A to sustain one additional week of fishing at expected effort and catch levels. Treaty-tribe comanagers have been consulted and agreed to this increase in fishing. In Areas 8, 10 and 11 it is estimated that the harvestable share will have been taken. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 4.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 5, 2004.

Jeff Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-31100Y   Purse seine -- Open periods.   (1) Notwithstanding the provisions of Chapter 220-47-311 WAC, effective 11:59 p.m. November 5 through November 12, 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, 7A, 10, 11 or 12C 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: 7AM - 5PM with use of operating recovery box 11/8, 11/9, 11/10, 11/11, 11/12
7AM - 2:30PM without recovery box 11/8, 11/9, 11/10, 11/11, 11/12
10&11 Closed
12C Closed

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.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 11:59 p.m. November 5, 2004:


WAC 220-47-31100X Purse seine -- Open periods. (04-297)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. November 13, 2004:


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

NEW SECTION
WAC 220-47-41100Z   Gill net -- Open periods.   Notwithstanding the provisions of Chapter 220-47-411 WAC, effective 11:59 p.m. November 5 through November 12, 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, 7A, 10 or 11 or 12C 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: 7AM - 7PM 11/8, 11/9, 11/10, 11/11, 11/12 6 1/4"
10,11 Closed
12C Closed

(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.

[]


REPEALER


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


WAC 220-47-41100Y Gill net -- Open periods. (04-295)

The following section of the Washington Administrative code is repealed effective 12:01 a.m. November 13, 2004:


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

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