WSR 00-21-093

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-220 -- Filed October 17, 2000, 4:34 p.m. , effective October 17, 2000, 11:59 p.m. ]

Date of Adoption: October 17, 2000.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-706 and 220-47-707.

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 chum salmon gill net and purse seine fishery in Area 10 and 11 in Management Week 43. This additional opening is in response to the increased run abundance of coho which lessened the conservation considerations that delayed the chum fishery in Area 10 and 11 during the preseason agreement. NMFS consultation resulted in an opinion that this fishery opening is consistent with the year 2000 fishery opinion of "no jeopardy." All other rules are consistent with agreements reached at the PFMC meeting. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 17, 2000, 11:59 p.m.

October 17, 2000

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-707
Puget Sound all-citizen commercial salmon fishery.

Notwithstanding the provisions of Chapter 220-47 WAC, effective 11:59 p.m. Tuesday October 17, through 11:59 p.m. Saturday, October 21, 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: 10/18, 10/19, 10/20.

In Area 6D, it is unlawful to retain chinook salmon at any time. 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.

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.

Area 7B: Open as follows:

gill nets - open to gill nets using 5 inch minimum 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 mesh, 6:00 p.m. Wednesday, October 18 to 8:00 a.m. Friday, October 20.

purse seines - open to purse seines using 5-inch strip 7:00 a.m. to 7:00 p.m. Wednesday, October 18. Purse seines may not retain chinook.

Area 9A: Open to gill nets using 5 inch minimum mesh.

Area 10: Open as follows:

gill nets - open to gill nets using 6 1/4 inch minimum mesh, 5:00 p.m. Wednesday, October 18 to 8:00 a.m. Thursday, October 19.

purse seines - open to purse seines using 5-inch strip and it is unlawful to retain chinook, 7:00 a.m. to 6:00 p.m. Wednesday, October 18. Purse seines may not retain chinook or coho salmon.

In Area 10, there is an in-season restriction closing those waters north of a line projected from Point Wells to President Point to both gill nets and purse seines.

Area 11: Open as follows:

gill nets - open to gill nets using 6 1/4 inch minimum mesh, 5:00 p.m. Wednesday, October 18 to 8:00 a.m. Thursday, October 19.

purse seines - open to purse seines using 5-inch strip and it is unlawful to retain chinook, 7:00 a.m. to 6:00 p.m. Wednesday, October 18. Purse seines may not retain chinook or coho salmon.

Areas 4B, 5, 6, 6A, 6B, 6C, 7C, 7D, 7E, 8, 8A, 9, 10A, 10C, 10D, 10E, 10F, 10G, 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 - Closed.

[]


REPEALER


The following section of the Washington Administrative Code is repealed:


WAC 220-47-706 Puget Sound all-citizen commercial salmon fishery. (00-218)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 22, 2000:


WAC 220-47-707 Puget Sound all-citizen commercial salmon fishery.

Washington State Code Reviser's Office