WSR 07-23-017

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-280 -- Filed November 8, 2007, 3:40 p.m. , effective November 10, 2007, 12:01 a.m. ]


     Effective Date of Rule: November 10, 2007, 12:01 a.m.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100Q and 220-47-41100U; 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: A harvestable surplus of chum salmon remains in some areas of Puget Sound and indicates that days of fishing are warranted and will still meet conservation goals for the areas listed in this finding. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 8, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 220-47-31100R   Purse seine -- Open periods.   It is unlawful to take, fish for, or possess salmon taken with purse seine gear for commercial purposes from Puget Sound, except in the following designated Puget Sound Salmon Management and Catch Reporting Areas and during the periods provided for in each respective Management and Catch Reporting Area:

AREA TIME DATE
7, 7A: 7AM - 5PM with use of recovery box;

7AM - 2:30PM without use of recovery box

 11/11, 11/12, 11/13, 11/14, 11/15, 11/16, 11/17
7B: 7AM 11/12 - 4PM 11/16
7AM 11/19 - 4PM 11/23
7AM 11/26 - 4PM 11/30
8AM 12/3 - 4PM 12/7
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 purse seines beginning at 12:01 a.m. on the last Monday in October and until 4:00 p.m. on the first Friday in December.
8: 7AM - 5PM 11/13
7AM - 5PM 11/20
7AM - 4PM 11/27
8A: 7AM - 5PM 11/12, 11/14, 11/20
7AM - 4PM 11/26, 11/28
8D: 7AM - 5PM 11/14, 11/19, 11/20
7AM - 4PM 11/28
10, 11: Closed
12,12B: 7AM - 5PM 11/12
12C: Closed

It is unlawful to retain the following salmon species taken with purse seine gear within the following areas during the following periods:

     Chinook salmon - at all times in Areas 7, 7A, 7B, 8, 8A, 8D, 10, 11, 12, 12B, and 12C.

     Coho salmon - at all times in Areas 7, 7A, 10, and 11.

     Sockeye salmon at all times.

     Pink salmon at all times.

     All other saltwater and freshwater areas - closed.

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NEW SECTION
WAC 220-47-41100V   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: Closed
7, 7A: Noon - Midnight 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 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 11/12, 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: 7AM - 7PM 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: 7AM - 7PM 11/15, 11/16, 11/21, 11/23 6 1/4"
7AM - 6PM 11/29, 11/30 6 1/4"
9A: Closed
10, 11: Closed
12, 12B: Closed
12C: Closed

     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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REPEALER

     The following sections of the Washington Administrative Code are repealed, effective 12:01 a.m. November 10, 2007:

WAC 220-47-31100Q Purse seine -- Open periods. (07-262)
WAC 220-47-41100U Gill net -- Open periods. (07-271)

© Washington State Code Reviser's Office