WSR 03-23-118

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-292 -- Filed November 18, 2003, 4:45 p.m. ]

     Date of Adoption: November 18, 2003.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100Q and 220-47-41100R; 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: This action opens Areas 10 and 11 for two additional days and opens Areas 12 and 12B for one additional day of purse seine fishing. Harvestable numbers of chum remain on the nontreaty share in these areas. This action also continues the change of days and time period fished in Area 8A to daylight fishing to address fishers concerns and accommodate the treaty fishing schedule. This emergency rule maintains the appropriate minimum mesh sizes in Area 8A as agreed during the Pacific Fisheries Management Council and North of Falcon preseason planning meetings and during the August 2, 2003, Fish and Wildlife Commission meeting. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

November 18, 2003

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-47-31100R   Purse seine -- Open periods.   Notwithstanding the provisions of WAC 220-47-311, effective immediately until further notice, it is unlawful to take, fish for or possess salmon taken with purse seine gear, for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 8, 10, 11, 12, 12B and 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 remain in effect:


Area Time Date
8 7:00 AM - 5:00 PM 11/18
10/11 7:00 AM - 5:00 PM 11/19, 11/21
12/12B 7:00 AM - 5:00 PM 11/19
12C 7:00 AM - 5:00 PM 11/24

[]


NEW SECTION
WAC 220-47-41100S   Gill net -- Open periods.   Notwithstanding the provisions of WAC 220-47-411, effective immediately until further notice, it is unlawful to take, fish for or possess salmon taken with gill net gear, for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 8, 8A, 10, 11, 12, 12B and 12C unless the gill net license holder provides the department with 24-hour notice prior to each day of fishing. The daily fishing notice to the department must include the gill net license holder's name, telephone number where they can be contacted and the area they will be fishing. The notice must be given by one of the following three means:

     (a) Fax transmission to 360-902-2949;

     (b) E-mail to psfishtickets@dfw.wa.gov; or

     (c) Toll-free telephone call to 1-866-791-1279

     Effective immediately until further notice, it is unlawful to take, fish for or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 8, 8A, 10, 11, 12, 12B and 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 remain in effect:


AREA TIME - DATE(S) MINIMUM MESH
8: 7AM - 6PM 11/18 6 1/4"
8A: 7AM - 6PM 11/18, 11/20, 11/21 6 1/4"
10, 11: 4PM - 8AM Nightly 11/18, 11/20 6 1/4"
12, 12B 7AM - 6PM 11/19, 11,20 6 1/4"
12C 7AM - 6PM 11/25 6 1/4"

[]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-47-31100Q Purse seine -- Open periods. (03-289)
WAC 220-47-41100R Gill net -- Open periods. (03-289)

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