WASHINGTON STATE REGISTER

WSR 07-22-023

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-268 -- Filed October 26, 2007, 1:38 p.m. , effective October 27, 2007, 12:01 a.m. ]

Effective Date of Rule: October 27, 2007, 12:01 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-41100S; and amending WAC 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: A harvestable surplus of coho salmon remains in Area 6D and indicates that additional days of fishing are warranted and will still meet conservation goals for the areas. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 26, 2007.

J. P. Koenings

Director

NEW SECTION
WAC 220-47-41100T Gill net -- Open periods. It is unlawful to take, fish for, or possess salmon taken with gill net gear for commercial purposes from Puget Sound, except in the following designated Puget Sound Salmon Management and Catch Reporting Areas, during the seasons provided for in each respective fishing area:

AREA TIME DATE(S) MINIMUM MESH

6D: Skiff gill net only. 7 AM - 7 PM 10/26, 10/29, 10/30, 10/31 5"

Note: In Area 6D, it is unlawful to use other than 5-inch minimum and 5 1/2-inch maximum mesh in the skiff gill net fishery. It is unlawful to retain Chinook or chum taken in Area 6D at any time. In Area 6D, any Chinook or chum salmon required to be released must be removed from the net by cutting the meshes ensnaring the fish.

7, 7A:

Noon

-

Midnight

10/26, 10/27, 10/28, 10/29, 10/30, 10/31, 11/1, 11/2, 11,3, 11/4, 11/5, 11/6, 11/7, 11/8, 11/9, 11/10, 11/11, 11/12, 11/13, 11/14, 11/15, 11/16, 11/17

6 1/4"

Note: In Areas 7 and 7A it is unlawful to keep sockeye salmon in area 7, and 7A at all times.

7B: 7AM 9/23 - 8PM 10/27 5"

8AM 10/28 - 8PM 11/3 6 1/4"

7AM 11/5 - 4PM 11/9 6 1/4"

7AM 11/12 - 4PM 11/16 6 1/4"

7AM 11/19 - 4PM 11/23 6 1/4"

7AM 11/26 - 4PM 11/30 6 1/4"

8AM 12/3 - 4PM 12/7 6 1/4"

Note: That portion of Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor is open to gill nets using 6 1/4-inch minimum mesh beginning 12:01 AM on the last day in October and until 6:00 PM on the first Friday in December. It is unlawful to keep sockeye salmon in area 7B at all times.

8: 7AM - 7PM 11/5, 11/7, 11/9, 11/12, 11/14, 11/16, 11/19, 11/21, 11/23 6 1/4"

7AM - 6PM 11/26, 11/28, 11/30 6 1/4"

8A: 8AM - 8PM 10/29, 10/31, 11/2 6 1/4"

7AM - 7PM 11/6, 11/8, 11/9, 11/13, 11/15, 11/16, 11/19, 11/21, 11/23 6 1/4"

7AM - 6PM 11/27, 11/29, 11/30 6 1/4"

8D: 8AM - 8PM 11/1, 11/2 6 1/4"

7AM - 7PM 11/8, 11/9, 11/15, 11/16, 11/21, 11/23 6 1/4"

7AM - 6PM 11/29, 11/30 6 1/4"

9A: 6AM 9/26 - 7PM 11/3 5"

Note: It is unlawful to retain chum salmon taken in Area 9A prior to October 1, and it is unlawful to retain Chinook salmon at any time. Any salmon required to be released must be removed from the net by cutting the meshes ensnaring the fish.

10, 11: 3PM - 7AM NIGHTLY 10/28, 10/30 6 1/4"

5PM - 9AM NIGHTLY 10/31 6 1/4"

3PM - 7AM NIGHTLY 11/4 6 1/4"

4PM - 8AM NIGHTLY 11/6 6 1/4"

3PM - 7AM NIGHTLY 11/11, 11/13 6 1/4"

4PM - 8AM NIGHTLY 11/14 6 1/4"

3PM - 7AM NIGHTLY 11/18 6 1/4"

4PM - 8AM NIGHTLY 11/20 6 1/4"

2PM - 7AM NIGHTLY 11/25 6 1/4"

3PM - 8AM NIGHTLY 11/27 6 1/4"

12, 12B: 8AM - 8PM 10/30, 11/1, 11/2 6 1/4"

7AM - 7PM 11/7, 11/8, 11/14, 11/15, 11/20 6 1/4"

12C: 7AM - 7PM 11/13, 11/15, 11/20, 11/22 6 1/4"

7AM - 6PM 11/26, 11/27 6 1/4"

All other saltwater and freshwater areas - closed.

Nightly openings refer to the start date.

Within an area or areas, a mesh size restriction remains in effect from the first date indicated until a mesh size change is shown, and the new mesh size restriction remains in effect until changed.

[]

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 12:01 a.m. October 27, 2007:

WAC 220-47-41100S Gill net -- Open periods. (07-262)

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.

AREA	TIME			DATE(S)	MINIMUM MESH
6D: Skiff gill net only.	7 AM	-	7 PM	10/26, 10/29, 10/30, 10/31	5"
Note: In Area 6D, it is unlawful to use other than 5-inch minimum and 5 1/2-inch maximum mesh in the skiff gill net fishery. It is unlawful to retain Chinook or chum taken in Area 6D at any time. In Area 6D, any Chinook or chum salmon required to be released must be removed from the net by cutting the meshes ensnaring the fish.
7, 7A:	Noon	-	Midnight	10/26, 10/27, 10/28, 10/29, 10/30, 10/31, 11/1, 11/2, 11,3, 11/4, 11/5, 11/6, 11/7, 11/8, 11/9, 11/10, 11/11, 11/12, 11/13, 11/14, 11/15, 11/16, 11/17	6 1/4"
Note: In Areas 7 and 7A it is unlawful to keep sockeye salmon in area 7, and 7A at all times.
7B:	7AM 9/23	-	8PM 10/27		5"
	8AM 10/28	-	8PM 11/3		6 1/4"
	7AM 11/5	-	4PM 11/9		6 1/4"
	7AM 11/12	-	4PM 11/16		6 1/4"
	7AM 11/19	-	4PM 11/23		6 1/4"
	7AM 11/26	-	4PM 11/30		6 1/4"
	8AM 12/3	-	4PM 12/7		6 1/4"
Note: That portion of Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor is open to gill nets using 6 1/4-inch minimum mesh beginning 12:01 AM on the last day in October and until 6:00 PM on the first Friday in December. It is unlawful to keep sockeye salmon in area 7B at all times.
8:	7AM	-	7PM	11/5, 11/7, 11/9, 11/12, 11/14, 11/16, 11/19, 11/21, 11/23	6 1/4"
	7AM	-	6PM	11/26, 11/28, 11/30	6 1/4"
8A:	8AM	-	8PM	10/29, 10/31, 11/2	6 1/4"
	7AM	-	7PM	11/6, 11/8, 11/9, 11/13, 11/15, 11/16, 11/19, 11/21, 11/23	6 1/4"
	7AM	-	6PM	11/27, 11/29, 11/30	6 1/4"
8D:	8AM	-	8PM	11/1, 11/2	6 1/4"
	7AM	-	7PM	11/8, 11/9, 11/15, 11/16, 11/21, 11/23	6 1/4"
	7AM	-	6PM	11/29, 11/30	6 1/4"
9A:	6AM 9/26	-	7PM 11/3		5"
Note: It is unlawful to retain chum salmon taken in Area 9A prior to October 1, and it is unlawful to retain Chinook salmon at any time. Any salmon required to be released must be removed from the net by cutting the meshes ensnaring the fish.
10, 11:	3PM	-	7AM	NIGHTLY 10/28, 10/30	6 1/4"
	5PM	-	9AM	NIGHTLY 10/31	6 1/4"
	3PM	-	7AM	NIGHTLY 11/4	6 1/4"
	4PM	-	8AM	NIGHTLY 11/6	6 1/4"
	3PM	-	7AM	NIGHTLY 11/11, 11/13	6 1/4"
	4PM	-	8AM	NIGHTLY 11/14	6 1/4"
	3PM	-	7AM	NIGHTLY 11/18	6 1/4"
	4PM	-	8AM	NIGHTLY 11/20	6 1/4"
	2PM	-	7AM	NIGHTLY 11/25	6 1/4"
	3PM	-	8AM	NIGHTLY 11/27	6 1/4"
12, 12B:	8AM	-	8PM	10/30, 11/1, 11/2	6 1/4"
	7AM	-	7PM	11/7, 11/8, 11/14, 11/15, 11/20	6 1/4"
12C:	7AM	-	7PM	11/13, 11/15, 11/20, 11/22	6 1/4"
	7AM	-	6PM	11/26, 11/27	6 1/4"
	All other saltwater and freshwater areas - closed.
	Nightly openings refer to the start date.
	Within an area or areas, a mesh size restriction remains in effect from the first date indicated until a mesh size change is shown, and the new mesh size restriction remains in effect until changed.

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