EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: September 29, 2000.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-704 and 220-47-705.
Statutory Authority for Adoption: RCW 77.12.047.
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: The above Puget Sound purse seine, gill net, and reef net openings are part of the final agreements reached at the April 7, 2000, meeting of the Pacific Fishery Management Council (PFMC) in Portland, Oregon. Those agreements were drafted into regulatory format and filed with the Code Reviser's Office under the expedited rule-making process. Those permanent rules do not include a gill net mesh size restriction of 5 1/2 inch maximum mesh or purse seine release of chinook in Area 7B. Both of these measures are needed to ensure escapement of chinook in the region. All other rules are consistent with agreements reached at the PFMC meeting.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 29, 2000, 7:01 p.m.
September 29, 2000
J. P. Koenings
Director
Notwithstanding the provisions of Chapter 220-47 WAC, effective 7:01 p.m. Friday, September 29, 2000 until 12:01 a.m. Sunday, October 15, 2000, 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, gears, mesh sizes, area, and species restrictions:
Area 6D: Open to skiff gill nets only using 5 inch minimum and 5 1/2 inch maximum mesh from 7:00 a.m. to 7:00 p.m. on the following dates: 10/2, 10/3, 10/4, 10/5, 10/6, 10/9, 10/10, 10/11, 10/12, 10/13.
In Area 6D, it is unlawful to retain chinook salmon at any time, or any chum salmon taken prior to October 16. Salmon that are unlawful to retain must be removed from the net by cutting the meshes ensnaring the fish. Area 6D is closed to commercial salmon fishing within 1/4 mile of each mouth of the Dungeness River.
Area 7: Open for reef nets daily, 7:00 a.m. to 7:00 p.m. It is unlawful to retain chinook salmon at any time. Chum salmon caught prior to October 1 must be released immediately.
Area 7A: Open for reef nets daily, 7:00 a.m. to 7:00 p.m. It is unlawful to retain chinook salmon at any time. Chum salmon caught prior to October 1 must be released immediately.
Area 7B: Open as follows:
gill nets - open to gill nets using 5 inch minimum and 5 1/2 inch maximum mesh.
purse seines - open to purse seines using the 5-inch strip. It is unlawful for purse seines to retain chinook.
Area 8D: Open as follows:
gill nets - open to gill nets using 5 inch minimum, 6:00 p.m. Wednesday, October 4 to 8:00 a.m. Friday, October 6 and open 6:00 pm Tuesday, October 10 to 8:00 a.m. Thursday, October 12.
purse seines - open to purse seines using 5-inch strip and it is unlawful to retain chinook, 7:00 a.m. to 7:00 p.m. Tuesday, October 3; Wednesday, October 4; Thursday, October 12; and 7:00 a.m. to 4:00 p.m. Friday, October 13.
Area 9A: Open to gill nets using 5 inch minimum mesh through 4:00 p.m. Saturday, October 28. Chum salmon caught prior to October 1 must be released immediately. Chum salmon that are unlawful to be retained must be removed from the net by cutting the meshes ensnaring the fish.
Area 12A: Open to beach seines only 7:00 a.m. to 7:00 p.m. daily Monday, October 2 through Friday, October 6; Monday, October 9 through Friday, October 13.
In Area 12A, it is unlawful to retain chinook or chum salmon at any time.
Areas 4B, 5, 6, 6A, 6B, 6C, 7C, 7D, 7E, 8, 8A, 9, 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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The following section of the Washington Administrative Code
is repealed effective 7:01 p.m. Friday, September 29, 2000:
| WAC 220-47-704 | Puget Sound all-citizen commercial salmon fishery. (00-192) |
The following section of the Washington Administrative Code is repealed effective 12:01 a.m. Sunday, October 15, 2000:
| WAC 220-47-705 | Puget Sound all-citizen commercial salmon fishery. |