WSR 98-18-048
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 98-175--Filed August 28, 1998, 3:50 p.m., effective August 30, 1998, 12:01 a.m.]
Date of Adoption: August 27, 1998.
Purpose: Commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-901.
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: Opening in Areas 7B and 7C provides opportunity to harvest the nontreaty allocation of hatchery-origin fall chinook salmon destined for the Nooksack-Samish region, per the preseason schedule. Openings in Area 12A provide opportunity to selectively harvest the nontreaty allocation of coho salmon destined for the Quilcene National Fish Hatchery while reducing impacts to summer chum. Beach seine gear specifications are defined in WAC 220-47-427(6). These openings are consistent with agreements reached during the Pacific Fishery Management Council - North of Falcon preseason process.
All other Puget Sound areas are closed to prevent overharvest of local salmon stocks.
An emergency exists in that there is insufficient time to promulgate permanent rules before the fish have [been] removed from the fishing grounds.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: August 30, 1998, 12:01 a.m.
August 27, 1998
Larry Peck
for Bern Shanks
Director
NEW SECTION
WAC 220-47-902 Puget Sound all-citizen commercial salmon fishery. Notwithstanding the provisions of Chapter 220-47 WAC, effective 12:01 a.m. Sunday August 30, 1998 until further notice, it is unlawful to take, fish for, or possess salmon for commercial purposes taken from the following Puget Sound Salmon Management and Catch Reporting Areas except in accordance with the following open periods and mesh and area restrictions:
* AREAS 7B and 7C - Gillnets using 7-inch minimum mesh may fish from 7:00 p.m. Monday August 31, 1998 through 9:00 a.m. Tuesday September 1, 1998.
* AREA 12A - Holders of Quilcene Bay salmon beach seines Experimental Fishery Permits may fish 7:00 a.m. to 7:00 p.m. daily:
Monday August 31, 1998 through Friday September 4, 1998
Monday September 7, 1998 through Friday September 11, 1998
Monday September 14, 1998 through Friday September 18, 1998
Monday September 21, 1998 through Friday September 25, 1998
Monday September 28, 1998 through Friday October 2, 1998
Monday October 5, 1998 through Friday October 9, 1998
All provisions of WAC 220-47-427 apply. Beach seines may not retain chum salmon.
* Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7, 7A, 7D, 7E, 8, 8A, 8D, 9, 9A, 10, 10A, 10C, 10D, 10E, 10F, 10G, 11, 11A, 12, 12B, 12C, 12D, 13, 13A, 13C, 13D, 13E, 13F, 13G, 13H, 13I, 13J, and 13K, all freshwater areas, and exclusion zones provided for in WAC 220-47-307 - Closed.
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REPEALER
The following section of the Washington Administrative Code is repealed effective 12:01 a.m. Sunday August 30, 1998:
WAC 220-47-901 Puget Sound all-citizen commercial salmon fishery. (98-169)