WSR 04-23-001

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-297 -- Filed November 3, 2004, 4:03 p.m. , effective November 3, 2004, 11:59 p.m. ]


     

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100W and 220-47-31100X; and amending WAC 220-47-311.

     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 Hood Canal chum run size has been updated from 550,000 to 836000. This regulation adds one day of purse seine fishing to take advantage of this higher than expected chum abundance. 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 bycatch levels modeled during the preseason process.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: November 3, 2004.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-47-31100X   Purse seine -- Open periods.   (1) Notwithstanding the provisions of Chapter 220-47-311 WAC, effective 11:59 November 3, 2004 through 11:59 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, 7A, 12 or 12B 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 - 5 PM with use of operating recovery box 11/4, 11/5
7AM - 2:30 PM without recovery box 11/4, 11/5
12 & 12B 7 AM - 5 PM 11/4

     In Area 7 & 7A 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. In Areas 12 and 12B Chinook Salmon must be released.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 11:59 p.m. November 3, 2004:


WAC 220-47-31100W Purse seine -- Open periods. (04-295)

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. November 6, 2004:


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

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