WSR 07-20-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-226 -- Filed September 20, 2007, 4:26 p.m. , effective September 21, 2007, 5:00 a.m. ]


Effective Date of Rule: September 21, 2007, 5:00 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-40100C; and amending WAC 220-47-401.

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: Fraser Panel has relinquished control for Fraser Panel areas (area defined under Art. XV, Annex. II, Pacific Salmon Treaty 1985) back to state authority. Harvestable numbers of marked coho and pink are available for a reef net fishery in Salmon Management and Catch Reporting Areas 7 and 7A. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 20, 2007.

Phil Anderson

for Jeff Koenings

Director


NEW SECTION
WAC 220-47-40100D   Reef net open periods.   Notwithstanding the provisions of WAC 220-47-401, it is unlawful to take, fish for, or possess salmon taken with reef net gear for commercial purposes in Puget Sound, except in the following designated Puget Sound Salmon Management and Catch Reporting Areas, during the periods provided for in each area:

(1)
AREA TIME DATES
7, 7A 5 AM - 9 PM Daily 9/21 - 11/17

(a) It is unlawful to retain Chinook or sockeye salmon taken with reef net gear at all times, and it is unlawful to retain chum or wild coho prior to October 1.

(2) All other saltwater and freshwater areas - closed.

"Quick Reporting Fisheries":

All fisheries opened under this section, and any commercial salmon fishery openings in Puget Sound Salmon Management and Catch Reporting Areas (WAC 220-22-030) are designated as "Quick Reporting Required" per WAC 220-47-001.

[]


REPEALER


The following section of the Washington Administrative Code is repealed, effective 5:00 a.m. September 21, 2007:

WAC 220-47-40100C Reef net open periods. (07-190)

Washington State Code Reviser's Office