WSR 11-19-006

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-228 -- Filed September 7, 2011, 1:55 p.m. , effective September 7, 2011, 1:55 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100K; and amending WAC 220-47-311.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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: Harvestable pink salmon are available for the nontreaty fishery. Gill net fishers declined to participate in this fishery; as a result, the estimated chinook mortalities are below preseason model mortalities, and an additional day of fishing is not expected to exceed the preseason level. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 7, 2011.

Philip Anderson

Director


NEW SECTION
WAC 220-47-31100K   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, 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:

Area 10:

(1) Purse Seines - Open to purse seine gear according to the times, dates, and conditions as prescribed and listed here:


Hours Dates
7:00 AM - 8:00 PM 9/8

(a) Participation limited to 4 boats. It is lawful for the vessels "New Oregon," "Sound Star," "Harbor Gem," and "Tradition" to participate.

(b) It is unlawful to retain rockfish, Chinook, coho, sockeye, and chum.

(c) Purse seine fishers must also use a recovery box in compliance with WAC 220-47-301 (7)(a) through (f).

(d) It is unlawful to bring salmon aboard a vessel unless all salmon captured in the seine net are removed from the seine net using a brailer or dip net meeting the specifications in WAC 220-47-325, prior to the seine net being removed from the water, or a brailing bunt is used. All salmon and rockfish must be immediately sorted, and those required to be released must be placed in an operating recovery box or released into the water before the next brail may be brought on the deck. However, small numbers of fish may be brought on board the vessel by pulling the net in without mechanical or hydraulic assistance.

(e) It is unlawful to take or fish for salmon without department observers on board.

(2) "Quick Reporting Fisheries":

All fisheries opened under this section are designated as "Quick Reporting Required" per WAC 220-47-001.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 8:01 p.m. September 8, 2011:


WAC 220-47-31100K Purse seine -- Open periods

Washington State Code Reviser's Office