WSR 05-22-056

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-256 -- Filed October 28, 2005, 2:22 p.m. , effective October 31, 2005, 7:00 a.m. ]


     

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-41100D; 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 implements a comanager agreement to extend the Area 6D Dungeness Bay coho fishery by one week due to low effort and catch to date. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 28, 2005.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-47-41100E   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:

     (1) Area 6D open for Skiff Gill Nets using 6 1/4 inch mesh from 7:00 a.m. to 7:00 p.m. on 10/31, 11/1, 11/2, 11/3, 11/4. Nets must be attended at all times and Chinook and Chum salmon must be released by cutting the meshes ensnaring the fish.

     (2) Area 7 and 7A open for Gill Nets using 6 1/4 inch mesh from 7:00 a.m. to 7:00 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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REPEALER


     The following section of the Washington Administrative Code is repealed effective 7:00 a.m. October 31, 2005:


WAC 220-47-41100D Gill nets -- Open periods. (05-255)