WSR 02-22-014

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-268 -- Filed October 25, 2002, 4:50 p.m. , effective October 27, 2002, 12:01 a.m. ]

Date of Adoption: October 25, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100D, 220-47-31100E, 220-47-41100C, and 220-47-41100D; and amending WAC 220-47-311 and 220-47-411.

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: These Puget Sound purse seine and gill net regulations are part of the final agreements reached at the April 11, 2002, meeting of the Pacific Fishery Management Council (PFMC) in Portland, Oregon. Provision for purse seines to release coho salmon in Areas 7, 7A, 8A, 10, 11, 12, 12B, and 12C was identified in the annual management plan, but it was inadvertently omitted from the package of permanent regulations. Coho release by purse seines is required in order to meet the goals established for coho in annual fishing plans. Area 6D has remaining coho salmon available for harvest, and possible extension of the season was mentioned in the annual agreement package. Run size update and catches-to-date indicate that extension of the season by an additional week of fishing is warranted for that species. Meanwhile, status of Dungeness River chum salmon run is unknown and there is no specific escapement target defined for that stock. Therefore, protection of chum salmon in the Area 6D skiff gill net fishery is necessary. The special seven days per week twenty-four hours per day opening for the designated portion of Area 7B is intended to increase harvest rate on Whatcom Creek hatchery chum salmon in the Bellingham Bay chum fishery. This hatchery stock of chum has produced returns far in excess of spawning needs in recent years. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 2, 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: October 27, 2002, 12:01 a.m.

October 25, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-47-31100E   Purse seine - Open periods.   Notwithstanding the provisions of Chapter 220-47-311 WAC:

(1) Effective immediately through December 6, 2002, it is unlawful to retain coho salmon taken with purse seine gear in Salmon Management and Catch Reporting Areas 7, 7A, 8A, 10, 11, 12, 12B and 12C.

(2) Effective 12:01 a.m. October 27, 2002 through 4:00 p.m. December 6, 2002, that portion of Area 7B east of a line from Post Point to the flashing red light at west entrance to Squalicum Harbor is open to purse seines 24 hours per day 7 days per week.

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NEW SECTION
WAC 220-47-41100D   Gill net - Open periods.   Notwithstanding the provisions of Chapter 220-47-411 WAC,

(1) Effective October 28, 2002 through November 1, 2002, Area 6D is open 7:00 a.m. to 7:00 p.m. daily to skiff gill nets using 5 inch minimum and 5 1/2 maximum mesh size. Chum salmon are required to be removed from the net immediately by cutting the meshes ensnaring the fish.

(2) Effective 12:01 a.m. October 27, 2002 through 4:00 p.m. December 6, 2002, that portion of Area 7B east of a line from Post Point to the flashing red light at west entrance to Squalicum Harbor is open to gill nets using 6-1/4" minimum mesh, 24 hours per day 7 days per week.

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REPEALER

The following sections of the Washington Administrative Code are repealed effective 12:01 a.m. October 27, 2002:


WAC 220-47-31100D Purse seine -- Open periods. (02-258)
WAC 220-47-41100C Gill net -- Open periods. (02-251)

The following sections of the Washington Administrative Code are repealed effective 4:01 p.m. December 6, 2002:


WAC 220-47-31100E Purse seine - Open periods.
WAC 220-47-41100D Gill net - Open periods.

Washington State Code Reviser's Office