Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-47-301 [220-47-307], 220-47-311, and 220-47-401.

Statutory Authority for Adoption: RCW 75.08.080.

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: These rules are necessary to reduce impacts on weak Puget Sound stocks of chinook, as agreed at the Pacific Fishery Management Council/North of Falcon process. Rules are necessary to reduce impacts on weak Canadian stocks of coho, and to further reduce impacts on commingled coho originating in the Strait of Juan de Fuca region, consistent with the United States/Canada salmon agreement and direction from the Washington Fish and Wildlife Commission. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 3, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

July 23, 1998

Larry W. Peck

for Bern Shanks

Director

WAC 220-47-30700A  Closed areas--Puget Sound salmon Notwithstanding the provisions of WAC 220-47-307, it is unlawful at any time to take, fish for or possess salmon taken for commercial purposes with any type of gear from the following portion of Puget Sound Salmon Management and Catch Reporting Area 7, except that closures listed in this section shall not apply to reef net fishing areas listed in RCW 75.12.140:

(1) The San Juan Island Preserve as defined in WAC 220-47-262.

(2) Those waters within 1,500 feet of shore on Orcas Island from Deer Point northeasterly to Lawrence Point thence west to a point intercepting a line projected from the northernmost point of Jones Island thence 90 degrees true to Orcas Island

(3) Those waters within 1,500 feet of the shore of Cypress Island from Cypress Head to the northernmost point of Cypress Island.

(4) Those waters easterly of a line projected from Iceberg Point to Iceberg Island, to the easternmost point of Charles Island, then true north from the northernmost point of Charles Island to the shore of Lopez Island.

(5) Those waters northerly of a line projected from the southernmost point of land at Aleck Bay to the westernmost point of Colville Island, thence from the easternmost point of Colville Island to Point Colville.

(6) Those waters within 1,500 feet of the shore of Fidalgo Island from the Initiative 77 marker northerly to Biz Point, those waters easterly of a line projected from Biz Point on Fidalgo Island to the Williamson Rock light, thence to the Dennis Shoal light, thence to the light on the westernmost point of Burrows Island, thence to the southwesternmost point of Fidalgo Head, those waters within 1,500 feet of the western shore of Allan Island, those waters within 1,500 feet of the shore of Burrows Island and, those waters within 1,500 feet of the shore of Fidalgo Island from Fidalgo Head northerly to Shannon Point.

(7) Those waters within 1,500 feet of Lopez Island from Point Colville northerly to Lopez Pass and those waters within 1,500 feet of the eastern shore of Decatur Island from the southernmost point of land northerly to Fauntleroy Point.

(8) Those waters within 1,500 feet of the shore of James Island.

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NEW SECTION

WAC 220-47-31100A  Purse seine open periods. Notwithstanding the provisions of WAC 220-47-311, it is unlawful to retain chinook or coho salmon taken by purse seine gear in Puget Sound Commercial Salmon Management and Catch Reporting Areas 7 and 7A.

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NEW SECTION

WAC 220-47-40100A  Reef net open periods. Notwithstanding the provisions of WAC 220-47-401, it is unlawful to retain chinook or coho salmon taken by reef net gear in Puget Sound Commercial Salmon Management and Catch Reporting Areas 7 and 7A.

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