WSR 98-22-044

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-223--Filed October 30, 1998, 12:11 p.m., effective November 1, 1998, 12:01 a.m.]

Date of Adoption: October 30, 1998.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-907.

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: Consistent with 1998 United States/Canada agreements to reduce impacts to Thompson River-origin coho, scheduled purse seine and gillnet chum-directed openings in Areas 7 and 7A were postponed until the week of November 1, 1998, and this schedule provides opportunity to harvest the nontreaty allocation of chum according to the United States/Canada Chum Annex. Coho nonretention for purse seine and reef net gear in Areas 7/7A is consistent with United States/Canada 1998 agreement. Openings in Area 7B provide opportunity to harvest the nontreaty allocation of chum salmon destined for the Nooksack-Samish region, per the preseason schedule. Openings in Area 8 provide opportunity to harvest the nontreaty allocation of chum salmon destined for the Skagit region, per the preseason schedule. Openings in Area 8A provide opportunity to harvest the nontreaty allocation of chum salmon destined for the Stillaguamish-Snohomish region of origin, per the preseason schedule. Openings in Area 8D provide opportunity to harvest the nontreaty allocation of coho destined for the Tulalip hatchery per the preseason schedule. Openings in Areas 10 and 11 provide opportunity to harvest the nontreaty allocation of chum salmon in the south Puget Sound region of origin, per the preseason schedule relative to the in-season update of 525,000 chum - 9% above preseason forecast. Openings in Areas 12 and 12B provide opportunity to harvest the nontreaty allocation of chum salmon destined for the Hood Canal region of origin, reduction from preseason schedule relative to current catch and allocation at the preseason chum forecast. These openings and the purse seine and reef net chinook nonretention requirement 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: November 1, 1998, 12:01 a.m.

October 30, 1998

Evan Jacoby

for Larry Peck

Acting Director

NEW SECTION

WAC 220-47-908  Puget Sound all-citizen commercial salmon fishery. Notwithstanding the provisions of Chapter 220-47 WAC, effective 12:01 a.m. Sunday November 1, 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 7 AND 7A - Reef nets may fish from 7:00 a.m. to 7:00 p.m. daily through Saturday November 14, 1998. Gillnets using 6 1/4-inch minimum mesh may fish from 7:00 a.m. to 6:00 p.m. daily, Monday November 2, 1998, Tuesday November 3, 1998, Wednesday November 4, 1998 and Thursday November 5, 1998. Purse seines may fish from 7:00 a.m. to 5:00 p.m. daily, Monday November 2, 1998, Tuesday November 3, 1998, Wednesday November 4, 1998 and Thursday November 5, 1998.

.* AREA 7B - Gillnets using 6 1/4-inch minimum mesh and purse seines using the 5-inch strip may fish from 6:00 a.m. Monday November 2, 1998 until 4:00 p.m. Friday November 6, 1998.

.* AREA 8 - Gillnets using 6 1/4-inch minimum mesh may fish from 7:00 a.m. to 6:00 p.m. Monday November 2, 1998. Purse seines using the 5-inch strip may fish from 7:00 a.m. to 5:00 p.m. Tuesday November 3, 1998.

.* AREA 8A - Gillnets using 6 1/4-inch minimum mesh may fish from 7:00 a.m. to 6:00 p.m. daily, Monday November 2, 1998 and Tuesday November 3, 1998. Purse seines using the 5-inch strip may fish from 7:00 a.m. to 5:00 p.m. daily, Wednesday November 4, 1998, and Thursday November 5, 1998.

.* AREA 8D - Gillnets using 5-inch minimum mesh may fish from 7:00 a.m. to 6:00 p.m. daily, Monday November 2, 1998 and Tuesday November 3, 1998. Purse seines using the 5-inch strip may fish from 7:00 a.m. to 5:00 p.m. daily, Wednesday November 4, 1998, and Thursday November 5, 1998.

.* AREAS 10 AND 11 - Gillnets using 6 1/4-inch minimum mesh may fish from 4:00 p.m. to 8:00 a.m. nightly, beginning Monday November 2, 1998 and Tuesday November 3, 1998. Purse seines using the 5-inch strip may fish from 7:00 a.m. to 5:00 p.m. daily Tuesday November 3, 1998 and Wednesday November 4, 1998.

.* AREAS 12 AND 12B - Gillnets using 6 1/4-inch minimum mesh may fish from 7:00 a.m. to 6:00 p.m. Monday November 2, 1998. Purse seines using the 5-inch strip may fish from 7:00 a.m. to 5:00 p.m. Tuesday November 3, 1998.

.* Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7C, 7D, 7E, 9, 9A, 10A, 10C, 10D, 10E, 10F, 10G, 11A, 12A, 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.

.* Purse seines may not retain chinook salmon. Purse seines may not retain coho salmon taken in Areas 7 or 7A.

.* Reef nets may not retain chinook or coho salmon.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. Sunday November 1, 1998:

WAC 220-47-907 Puget Sound all-citizen commercial salmon fishery. (98-217)