WSR 05-16-049

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-157 -- Filed July 27, 2005, 4:57 p.m. , effective July 27, 2005 ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-62000, 232-28-62000Y and 232-28-62000Z; and amending WAC 232-28-620.

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: Catch and effort have been slow enough to provide more opportunity and stay within the quotas through Labor Day. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 27, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-62000Z   Coastal salmon seasons   Notwithstanding the provisions of WAC 232-28-620, effective 12:01 a.m., July 29, 2005 until further notice, it is unlawful to fish for salmon in coastal waters during 2005 except as provided in this section, provided that unless otherwise amended all permanent rules remain in effect:

(1) Area 1 - Open July 29, 2005 through September 30, 2005, open 7 days per week, daily limit 2 salmon, except release wild coho.

(2) Areas 2, 2-1, and 2-2:

(a) Area 2 - Open July 29, 2005 through September 18, 2005, open 7 days per week, daily limit 2 salmon, except release wild coho.

(i) Those waters within a line from the lighthouse 1 mile south of the south jetty to Buoy No. 2, then to Buoy No. 3, then to the tip of the north jetty then to the exposed end of the south jetty are closed August 1 until further notice.

(b) Area 2-1 - Open July 29, 2005 through August 15, 2005, open 7 days per week, daily limit 2 salmon, except release wild coho. Open August 16 until further notice, daily limit 6 salmon, not more than two of which may be adult salmon.

(c) Area 2-2 west of the Buoy 13 line:

(i) Open July 29, 2005 through July 31 2005, open 7 days per week, daily limit 2 salmon, not more than 1 of which may be a chinook, except release wild coho.

(ii) Closed August 1 until further notice.

(3) Area 3 - Open July 29, 2005 through September 18, 2005, open 7 days per week, daily limit 2 salmon, except release wild coho.

(4) Area 4:

(a) Open through September 18, 2005, open Tuesday through Saturday of each week, daily limit 2 salmon not more than one of which may be a chinook, except release wild coho, release chinook east of the Bonilla-Tatoosh Line, and effective beginning August 1, release chum.

(i) Effective immediately through July 31, lawful to retain chinook east of the Bonilla-Tatoosh Line and west of a true north-south line through Sail Rock.

(ii) Effective immediately through July 31 closed to salmon angling east of a true north/south line through Sail Rock.

[]

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


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. July 29, 2005:


WAC 232-28-62000X Coastal salmon -- 2005 North of Falcon (05-75)

The following section of the Washington Administrative Code is repealed:


WAC 232-28-62000Y Coastal salmon seasons. (05-153)

The following section of the Washington Administrative Code is repealed effective 11:59 p.m. September 30, 2005:

WAC 232-28-62000Z Coastal salmon seasons. (05-157)

Washington State Code Reviser's Office