WSR 00-23-081

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-242 -- Filed November 17, 2000, 4:30 p.m. , effective November 20, 2000, 12:01 a.m. ]

Date of Adoption: November 17, 2000.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900J; and amending WAC 232-28-619.

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: Skokomish River hatchery production programs for chum salmon are usually backed up by transferring chum eggs from Hoodsport Hatchery, as needed. This year, Hoodsport Hatchery is under an IHN disease quarantine and special treatment is necessary for any eggs being transferred out of the station. Due to limited capacity of the treatment process, only six million Hoodsport chum eggs can be treated and moved to the Skokomish facilities, so the Skokomish River stations must get 14,000 chum spawners back to meet their scheduled chum salmon program. As of November 6, only 1200 spawners had returned, far below the normal return rate at that date, and it is unlikely that they will achieve the needed 14,000 return. Discussions between state and Skokomish tribal biologists have produced an agreement for a closure of treaty and recreational fishing for chum salmon in the river to maximize the return to the Skokomish River facilities. Additionally, the tribe will close commercial chum fishing in marine waters of Area 12C, except in front of Hoodsport Hatchery. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: November 20, 2000, 12:01 a.m.

November 17, 2000

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900J
Exceptions to statewide rules -- Skokomish River

Notwithstanding the provisions of WAC 232-28-619, effective, 12:01 a.m. November 20, 2000 through December 15, 2000 in those waters of the Skokomish River from mouth to the highway 101 Bridge, daily limit of six salmon no more than two adults only one of which may be an adult chinook. Release chum salmon. Minimum size for salmon is 12 inches

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REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. December 16, 2000:


WAC 232-28-61900J Exceptions to statewide rules -- Skokomish River

© Washington State Code Reviser's Office