WSR 05-23-134

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-267 -- Filed November 21, 2005, 4:27 p.m. , effective November 21, 2005, 7:00 p.m. ]


     

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100G and 220-47-41100H; 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 Area 8D due to lower than expected escapement to the hatchery. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 21, 2005.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-47-31100H   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, areas, species restrictions, notification, and landing requirements set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect:

     (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 4:00 p.m. 11/22

     (2) Areas 8A - Closed.

     (3) Areas 8D - Closed.

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

[]

     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.
NEW SECTION
WAC 220-47-41100I   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 6:00 p.m. 11/22, 11/23, 11/24, 11/25.

     (2) Area 8A open for Gill Nets using 6 1/4 inch mesh from 7:00 a.m. to 6:00 p.m. 11/22, and closed on 11/24 and 11/25.

     (3) Areas 8D - Closed.

     (4) Areas 10 and 11 - Closed.

     (5) Areas 12, 12B and 12C - Closed

[]

     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.
REPEALER


     The following sections of the Washington Administrative Code are repealed effective 7:00 p.m. November 21, 2005:


WAC 220-47-31100G Purse seine -- Open periods. (05-264)
WAC 220-47-41100H Gill net -- Open periods. (05-264)