EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: November 8, 2000.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-40-03100A and 220-40-03100B; and amending WAC 220-40-031.
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: This fishery is being conducted as provided for in the Willapa Bay Framework Management Plan 2000. An allocation of 1,037 white sturgeon was allotted the commercial fishery in Willapa Bay to be harvested during fall salmon fisheries and if sufficient numbers of white sturgeon remained, during a directed sturgeon fishery in November. To date, approximately two hundred white sturgeon have been caught in Willapa Bay net fisheries. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Immediately.
November 8, 2000
J. P. Koenings
Director
by Larry Peck
Notwithstanding the provisions of WAC 220-40-031 and WAC 220-40-027, effective immediately it is unlawful to fish for or possess sturgeon and salmon taken for commercial purposes from Marine Fish-Shellfish Management and Catch Reporting Area 60C except at as provided for in this section:
(1) Drift gill net gear may be used to fish for sturgeon effective immediately until 12:01 p.m. (noon) November 30, 2000, in SMCRA 2G east of a line drawn true north-south Channel Entrance Buoy 10, 2H, 2J, 2M as defined in WAC 220-22-020.
(2) Drift gill net gear shall be used as provided in WAC 220-40-015, except that the minimum mesh size is 9 inches.
(3) Fishers are required to report to WDFW each day, within 6 hours of landing, and provide the following information: name, date, fish ticket number, catch area, and the number of white sturgeon, green sturgeon and salmon (by species) landed. Reports may be made by calling the WDFW Nahcotta Field office at (360) 665-4166 or the Region 6 office at (360) 249-4628 ext. 270.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER
The following section of the Washington Administrative Code is repealed:
| WAC 220-40-03100A | Willapa Bay -- Seasons and lawful gear -- Sturgeon. (00-231) |
The following section of the Washington Administrative Code is repealed effective 12:01 p.m. November 30, 2000:
| WAC 220-40-03100B | Willapa Bay -- Season and lawful gear -- Sturgeon. |