Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100E and 220-47-41100F; and 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: This regulation implements a comanager agreement to close Areas 12, 12B and 12C fishery to insure that the nontreaty harvestable share is not exceeded. This regulation implements an opening in Area 8 based on a comanager agreed in-season update to the Skagit River chum run size of at least 90,000 chum which provides approximately 30,000 harvestable chum. Catch and effort has been low to date (two landings 538 chum) leaving sufficient harvestable numbers of chum in the nontreaty share to expand the fishery. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 10, 2005.

Ronald McQueen

for Jeff Koenings

Director

     (1) Areas 8:

     Purse Seines - Open in Area 8 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.

     7:00 a.m. to 5:00 p.m. 11/14, 11/16, 11/21, 11/22

     (2) Areas 12, 12B and 12C - Closed.

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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.
NEW SECTION
WAC 220-47-41100G   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 8 open for Gill Nets using 6 1/4 inch mesh from 7:00 a.m. to 7:00 p.m. 11/14, 11/15, 11/16, 11/17, 11/18, 11/21, 11/22, 11/23, 11/24, 11/25.

     (2) Areas 12, 12B and 12C - Closed.

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     The following sections of the Washington Administrative Code are repealed effective 7:00 a.m. November 14, 2005:

WAC 220-47-31100E	Purse seine -- Open periods. (05-258)
WAC 220-47-41100F	Gill net -- Open periods. (05-258)