WSR 00-24-001

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-245 -- Filed November 22, 2000, 3:27 p.m. , effective November 22, 2000, 7:00 p.m. ]

Date of Adoption: November 22, 2000.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-40-03100B and 220-40-03100C; 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: To date approximately 51% of the white sturgeon allocation has been caught. Due to a dramatic increase in catch rates, the Department of Fish and Wildlife has temporarily closed the Willapa Bay sturgeon fishery to insure the quota is not exceeded. There is insufficient time for 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 22, 2000, 7:00 p.m.

November 22, 2000

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-40-03100C   Willapa Bay -- Seasons and lawful gear -- Sturgeon.   Notwithstanding the provisions of WAC 220-40-031 and WAC 220-40-027, effective 7:00 p.m. November 22, 2000 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 as provided for in this section:

     (1) Drift gill net gear may be used to fish for sturgeon effective 12:01 p.m. November 25, until 12:01 p.m. 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.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 7:00 p.m. November 22, 2000:


WAC 220-40-03100B Willapa Bay -- Seasons and lawful gear -- Sturgeon. (00-234)

     The following section of the Washington Administrative Code is repealed effective 12:01 p.m. November 30, 2000:


WAC 220-40-03100C Willapa Bay -- Season and lawful gear -- Sturgeon.

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