EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: August 1, 2003.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-40-02100X and 220-40-02100Y; and amending WAC 220-40-021.
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 are available for a commercial harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.
Effective Date of Rule:
Immediately.
August 1, 2003
Evan Jacoby
for Jeff Koenings
Director
(1) Fishing periods:
4:00 a.m. August 7 through 6:00 p.m. August 7,
4:00 a.m. August 8 through 6:00 p.m. August 8, 2003.
(2) Open Area: Area 2G west of a true north-south line drawn through Willapa Channel Marker 8 and east of a line drawn 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.
(3) The Tokeland Boat basin is closed to commercial fishing during the openings in Area 2G described in this section. The Tokeland Boat basin means that portion of Area 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.
(4) Gear:
(a) Drift gill net gear only. It is unlawful to use set net gear.
(b) 8 1/2 inch maximum stretch mesh restriction.
(5) Other Requirements:
(a) Fishers must notify WDFW in advance of the season of their intent to participate in the fishery. Notification may be made by fax (360-664-0689), by telephone (1-866-791-1280), or by email (harborfishtickets@dfw.wa.gov).
(b) Fishers must also notify WDFW at least 24 hours in advance of intent to fish any given day. Notification may be made by fax (360-664-0689), by telephone (1-866-791-1280), or by email (harborfishtickets@dfw.wa.gov).
(c) Fishers must be willing to take WDFW observers when participating in these openings.
(d) Sturgeon retention will be allowed within annual commercial harvest ceiling for white sturgeon.
(e) Total daily catch must be landed and made available for WDFW sampling at the Tokeland Marina, in Tokeland or Fuel Dock at Port of Peninsula, in Nahcotta between 5 p.m. and 7:00 p.m. on each open fishing day (July 22, 23, 30, 31, and August 7, 8).
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The following section of the Washington Administrative Code is repealed:
| WAC 220-40-02100X | Willapa Bay salmon -- Summer fishery. (03-141) |
The following section of the Washington Administrative Code is repealed effective August 16, 2003:
| WAC 220-40-02100Y | Willapa Bay salmon -- Summer fishery. |