WSR 99-24-012

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-203 -- Filed November 19, 1999, 4:59 p.m. , effective December 22, 1999, 12:01 a.m. ]

Date of Adoption: November 19, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-606.

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: In order to prevent the all-citizen catch in Area 7B from going excessively over their allocation, it is necessary to reduce the fishery to three days per week. The season in Areas 10 and 11 has concluded. Fishing in Hood Canal remains closed because those hatcheries have not yet met their egg take needs. All other open periods and restrictions are consistent with fishing plans developed and agreed to during the PFMC/North of Falcon processes. An emergency exists in that 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 22, 1999, 12:01 a.m.

November 19, 1999

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-607
Puget Sound all-citizen commercial salmon fishery.

Notwithstanding the provisions of Chapter 220-47 WAC, effective 12:01 a.m. November 22, 1999 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, mesh, area, and species restrictions:

Area 7B Open to gill nets using 6 1/4 inch minimum mesh and to purse seines using the 5 inch strip as follows:

from 6:00 a.m. November 22 through 4:00 p.m. November 24,

from 6:00 a.m. November 29 through 4:00 p.m. December 1,

from 6:00 a.m. December 6 through 4:00 p.m. December 8.

Area 8 Open to purse seines using the 5 inch strip from 7:00 a.m. to 5:00 p.m. November 22. Open to gill nets using 6 1/4 inch minimum mesh from 7:00 a.m. to 8:00 p.m. November 23.

Areas 8A and 8D Open to purse seines using the 5 inch strip from 7:00 a.m. to 5:00 p.m. November 22, November 23, and November 24. Open to gill nets using 6 1/4 inch minimum mesh from 7:00 a.m. to 8:00 p.m. daily: November 22, November 23, and November 24.

It is unlawful to retain chinook salmon taken with purse seine gear.

Nightly gill net openings refer to the start date.

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

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. November 22, 1999:


WAC 220-47-606 Puget Sound all-citizen commercial fishery (99-194)

© Washington State Code Reviser's Office