WSR 02-22-031

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-273 -- Filed October 28, 2002, 5:00 p.m. ]

Date of Adoption: October 28, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-36-02300D and 220-36-02300E; and amending WAC 220-36-023.

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: The previously scheduled two day fishery in Area 2B is being delayed by one day to allow time for tribal crab pots to be moved out of the primary fishing area. An unanticipated gear conflict occurred during the previous week's two day fishery. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

October 28, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-36-02300E   Grays Harbor salmon -- Fall fishery.   Notwithstanding the provisions of WAC 220-36-023, effective immediately until further notice, it is unlawful to fish for salmon in Grays Harbor for commercial purposes, except as provided in this section:

(2) Open Area: Area 2B

(a) Open Fishing Periods:

October 30 from 6:30 a.m. through 5:30 p.m.

October 31 from 6:30 a.m. through 5:30 p.m.

(b) Gear

Gill net gear -- It is unlawful to fish for food fish in Grays Harbor for commercial purposes with gill net gear or to possess food fish taken from those waters with gill net gear unless:

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

(ii) 6 1/2-inch maximum mesh.

(c) Species allowed for retention

Salmon and legal sized green and white sturgeon.

(d) Miscellaneous Regulations

Quick Reporting is required for wholesale dealers and fishers selling their catch under a valid retail endorsement, WAC 220-69-240.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-36-02300D Grays Harbor salmon -- Fall fishery. (02-226)

The following section of the Washington Administrative Code is repealed effective 5:31 p.m. October 31, 2002:


WAC 220-36-02300E Grays Harbor salmon -- Fall fishery.

Washington State Code Reviser's Office