WSR 05-20-010

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-221 -- Filed September 23, 2005, 3:50 p.m. , effective September 26, 2005, 7:00 a.m. ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100B; 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: This regulation implements the limited participation fishery negotiated as part of the North of Falcon agreements made by comanagers, by naming the vessel to participate in week forty. These emergency rules are necessary to initiate fisheries. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 23, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 220-47-31100B   Purse seine -- Open periods   Notwithstanding the provisions of Chapter 220-47-311 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 Areas 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:


Areas 7B:

That portion of Area 7B west of a line from Point Francis (4841'42"N, 12236'40"W) to the red and green buoy southeast of Point Francis (4840'22"N, 12235'30"W) then to the northernmost tip of Eliza Island (4839'37"N, 12235'45"W) then along the eastern shore of the island to a point intersecting a line drawn through Eliza Rock Light (4838'35"N, 12234'40"W) and Fish Point (4834'35"N, 12229'45"W) and then southeastward along that line to Fish Point are closed 9/1-9/30.

Purse Seines - (a) Open in Area 7B to purse seines using the 5-inch strip during the following hours and dates, provided it is unlawful to retain sockeye salmon, and any sockeye salmon caught must be released immediately.

Continuously through 8 p.m. October 29


Areas 8A:

Purse Seines - (a) Open in Area 8A to the purse seines vessels POLARLAND and QUANDARY only. Participating vessels are required to use the 5-inch strip during the following hours and dates, provided it is unlawful to retain chinook salmon, and any chinook salmon caught must be released immediately.

7:00 a.m. to 7:00 p.m. September 26.

[]

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 7:01 p.m. September 26, 2005:


WAC 220-47-31100B Purse seine open periods.

Washington State Code Reviser's Office