WSR 06-20-015

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-248 -- Filed September 22, 2006, 2:40 p.m. , effective September 25, 2006, 12:01 a.m. ]


Effective Date of Rule: September 25, 2006, 12:01 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-50100Y; and amending WAC 220-47-501.

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 names the boat to participate in a limited participation purse seine fishery in Area 8A. This fishery was agreed to preseason calling for two purse seine vessels to fish in Area 8A for one day during the weeks starting September 24 and October 1. Fishers apply for a drawing and are offered a chance to participate based on the order drawn. This year fourteen entries were made but only one fisher wanted to participate. Consequently, this fisher will be allowed to fish both weeks. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 22, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-50100Y   Puget Sound all-citizen commercial salmon fishery.   Notwithstanding the provisions of WAC 220-47-311 effective 12:01 a.m. September 25, 2006, 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 Area 8A 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 8A:

Purse Seines - (a) Open only to the purse seine vessel POLARLAND from 7:00 a.m. to 7:00 p.m. September 25 and October 2, 2006.

Prior to October 1, 2006, Area 8A waters south of a line from the Mukilteo ferry dock to the ferry dock at Clinton are closed to commercial fishing. It is unlawful to retain chinook salmon, and any chinook salmon caught with purse seine gear must be released immediately.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 11:59 p.m. October 3, 2006:

WAC 220-47-50100Y Puget Sound all-citizen commercial salmon fishery.

Washington State Code Reviser's Office