WSR 03-21-037

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-260 -- Filed October 8, 2003, 2:45 p.m. , effective October 10, 2003, 3:01 p.m. ]

     Date of Adoption: October 8, 2003.

     Purpose: Amend commercial fishing regulations.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-36-02300F; and amending WAC 220-36-023.

     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 first two days of this fishery have been moved to avoid scheduling conflict where various user groups would have been operating at the same time in adjacent areas. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: October 10, 2003, 3:01 p.m.

October 8, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-36-02300G   Grays Harbor salmon -- Fall fishery.   Notwithstanding the provisions of WAC 220-36-023, effective immediately it is unlawful for a person to fish for or take salmon in Grays Harbor for commercial purposes or to possess salmon taken from those waters of Grays Harbor, except as provided for in this section:

     1) Open Area:

     Area 2B

     2) Open Fishing periods:

     6:00 a.m.-6:00 p.m., Daylight Savings Time, 23 October 2003

     6:00 a.m.-6:00 p.m., Daylight Savings Time, 24 October 2003

     6:00 a.m.-6:00 p.m., Pacific Standard Time, 29 October 2003

     6:00 a.m.-6:00 p.m., Pacific Standard Time, 30 October 2003

     3) Gear:

     Gill net gear -- It is unlawful to fish for food fish in Grays Harbor for commercial purposes with gill net gear or to possess food fish taken from those waters with gill net gear unless:

     a.) Drift gill net gear only. It is unlawful to use set net gear.

     b.) 6 1/2-inch maximum mesh

     4) Species allowed for retention:

     Salmon and legal sized green and white sturgeon.

     5) Miscellaneous Regulations:

     a.) Quick Reporting is required for wholesale dealers, WAC 220-69-240.

     b.) Fishers must be willing to take WDFW observers when participating in these openings.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective 3:01 p.m. October 10, 2003:


WAC 220-36-02300F Grays Harbor salmon -- Fall fishery. (03-229)

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