WSR 05-19-056

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-215 -- Filed September 15, 2005, 3:47 p.m. , effective September 15, 2005 ]


     

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-41100C and 220-47-50100N; and amending WAC 220-47-411.

     Statutory Authority for Adoption: RCW 77.12.240.

     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 regulation provides for a two-day early opening of Area 6D based on approval from National Marine Fisheries. These fisheries are not expected to exceed chinook by-catch levels modeled during the preseason process. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: September 15, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 220-47-41100C   Gill net -- Open periods.   Notwithstanding the provisions of Chapter 220-47-411 WAC, 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 Area 6D except in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this section:


Area 6D:

     Skiff gill net - (a) Open to skiff gill nets using 5-inch minimum and 5 1/2-inch maximum mesh from 7:00 a.m. to 7:00 p.m. Monday through Friday each week starting September 19 and continuing until further notice.

     (b) It is unlawful to retain Chinook, chum or pink salmon taken in Area 6D at any time. Any salmon required to be released, must be removed from the net by cutting the meshes ensnaring the fish.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 8:00 a.m. September 16, 2005:


WAC 220-47-50100N Puget Sound all-citizen commercial salmon fishery. (05-208)

     The following section of the Washington Administrative Code is repealed effective 7:00 p.m. September 20, 2005:


WAC 220-47-41100C Gill net -- Open periods.

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