WSR 02-20-065

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-248 -- Filed September 27, 2002, 4:43 p.m. ]

     Date of Adoption: September 27, 2002.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-40-02700Z; and amending WAC 220-40-027.

     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 emergency rule is needed to minimize the chinook catch while still maintaining the target harvest on hatchery coho. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: [No information supplied by agency.]
     Effective Date of Rule: Immediately.

September 27, 2002

Lembit E. Ratassepp

for Jeff Koenings

Director


NEW SECTION
WAC 220-40-02700A   Salmon -- Willapa Bay fall fishery.   Notwithstanding the provisions of WAC 220-40-027, effective immediately through December 31, 2002 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 that:


Fishing periods

     (1) Gill net gear may be used to fish for salmon:


Open times Open Areas
4:00 p.m September 27 through

11:59 p.m. September 29, 2002

 Areas 2G east of a line drawn true north-south through Willapa Bay entrance Day beacon 11 and 2H west of Willapa Channel Marker 40
7:00 a.m. September 27, 2002 through

7:00 p.m. September 27, 2002

and

7:00 a.m. September 28, 2002 through

7:00 p.m. September 28, 2002

and

7:00 a.m. September 29, 2002 through

7:00 p.m. September 29, 2002

 Areas 2M and 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
12:01 a.m. September 30, 2002 through

6:00 p.m. October 3, 2002

and

6:00 p.m. October 9, 2002 through

6:00 p.m. October 10, 2002

 Areas 2G east of a line drawn true north-south through Willapa Bay entrance Day beacon 11, 2H, 2M, and 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
6:00 p.m. October 14 through

6:00 p.m. October 17, 2002

and

6:00 p.m. October 21 through

6:00 p.m. October 23, 2002

 Areas 2G west of a line drawn true north-south through Willapa Channel Marker 10 and east of a line projected 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, 2M and 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
Noon, November 6 through noon

November 30, 2002

 Areas 2G, 2H, 2J and 2M

     (2) The Tokeland Boat basin is closed to commercial fishing during the openings in SMCRA 2G described in this section. The Tokeland Boat basin means that portion of SMCRA 2G bounded on the south by the shoreline of the boat basin, on the west by the seawall and on the north and east by a line from the Tokeland Channel Marker "3" (flashing green, 4-second) to Tokeland Channel Marker "4" to the tip of the seawall.


Gear

     (3) Gill net gear restrictions - All areas:

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

     (b) Immediately through October 3, 2002 - 6-inch maximum mesh, no more than 55 meshes deep. Net must hang straight from top to bottom. Strings may only be used to secure break away panels.

     (c) October 9 through October 31, 2001 - 6-1/2 inch maximum mesh.

     (d) November 1, through November 30, 2001 - 9-inch minimum mesh.


Other

     (4) All wholesale dealers and fishers retailing their fish will be required to report their landing by 10:00 a.m. the day following landing. Ticket information can be telephoned in by calling 1-866-791-1280 or faxing the information to 360-664-4689 or e-mailing to harborfishtickets@dfw.wa.gov. Report the dealer name, the purchasing location, the date of purchase, the fish ticket numbers, the gear used, the catch area, the species. The total number for each species and the total weight for each species.

[]

     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 220-40-02700Z Salmon -- Willapa Bay fall fishery (02-242)

     The following section of the Washington Administrative Code is repealed effective 12:01 January 1, 2003:


WAC 220-40-02700A Salmon -- Willapa Bay fall fishery.

© Washington State Code Reviser's Office