WSR 02-15-040

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-147 -- Filed July 11, 2002, 2:30 p.m. , effective July 22, 2002, 5:00 a.m. ]

Date of Adoption: July 11, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-40-02100W; and amending WAC 220-40-021.

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: Harvestable numbers of chinook salmon are destined for the Columbia River. This regulation implements recommendations of the North of Falcon subgroup of the Pacific Fisheries Management Council, and is interim until permanent rules take effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 22, 2002, 5:00 a.m.

July 11, 2002

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-40-02100W   Willapa Bay salmon -- Summer fishery.   Notwithstanding the provisions of WAC 220-40-021, it is unlawful to fish for salmon in Willapa Bay for commercial purposes or to possess salmon taken from those waters for commercial purposes, except as provided for in this section:

(1) Open Fishing periods

5:00 a.m. July 22 through 8:00 p.m. July 22, 2002;

5:00 a.m. July 23 through 8:00 p.m. July 23, 2002;

5:00 a.m. July 30 through 8:00 p.m. July 30, 2002;

5:00 a.m. July 31 through 8:00 p.m. July 31, 2002;

5:00 a.m. August 7 through 8:00 p.m. August 7, 2002;

5:00 a.m. August 8 through 8:00 p.m. August 8, 2002.

(2) Open Area:

Area 2G west of a true north-south line drawn through Willapa Channel Marker 8 and east of a line drawn true south from the most waterward exposed end of the rock jetty located near Washaway Beach but excluding the area southerly and westerly of a line from Island Sands Light to Ramsey Point.

Total catch of legal salmon and sturgeon catch for the day must be landed and made available for WDFW sampling at the Tokeland Marina between 7:00 p.m. and 9:00 p.m. on each open fishing day (July 22, 23, 30, 31 and August 7, 8).

(3) Gear:

Gill net gear restrictions - all areas

(a) Drift gill net gear only. It is unlawful to use set net gear.

(b) 8 1/2 inch maximum stretch mesh restriction.

(c) Fishers must notify WDFW in advance of the season of their intent to participate in the fishery. Notification may be made by fax (360-664-0689), by telephone (1-866-791-1280), or by email (harborfishtickets@dfw.wa.gov).

(d) Fishers must also notify WDFW at least 24 hours in advance of intent to fish any given day. Notification may be made by fax (360-664-0689), by telephone (1-866-791-1280), or by email (harborfishtickets@dfw.wa.gov).

(e) Fishers must be willing to take WDFW observers when participating in these openings.

(f) It is lawful to retain white sturgeon caught incidental to this fishery.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 8:01 p.m. August 8, 2002:


WAC 220-40-02100W Willapa Bay salmon -- Summer fishery.

Washington State Code Reviser's Office