WSR 05-22-037

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-255 -- Filed October 27, 2005, 3:55 p.m. , effective October 27, 2005 ]


     

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: 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: These regulations implement expanded fishing opportunity in Areas 7 and 7A made by the co-managers, to enhance the chance of taking the United States share of chum salmon. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-47-31100D   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 7 and 7A:

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

     If fishing with an operating recovery box:

     7:00 a.m. to 6:00 p.m. 10/27, 10/28

     7:00 a.m. to 5:00 p.m. 10/31, 11/1, 11/2, 11/3, 11/4, 11/7, 11/8, 11/9, 11/10, 11/11

     If fishing without an operating recovery box:

     7:00 a.m. to 3:15 p.m. 10/27, 10/28

     7:00 a.m. to 2:30 p.m. 10/31, 11/1, 11/2, 11/3, 11/4, 11/7, 11/8, 11/9, 11/10, 11/11

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NEW SECTION
WAC 220-47-41100D   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 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:

     Nightly opening refer to the start date.


7 /7A 8AM - 8PM 10/27, 10/28 6 1/4"
7AM - 7PM 11/31, 11/1, 11/2, 11/3, 11/4, 11/7, 11/8, 11/9, 11/10, 11/11 6 1/4"

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     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.