WSR 02-22-062

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-277 -- Filed November 1, 2002, 3:37 p.m. , effective November 4, 2002, 7:00 a.m. ]

Date of Adoption: November 1, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100E 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: There is sufficient remaining chum in the nontreaty allocation to allow an additional day for both purse seines and gillnets. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 4, 2002, 7:00 a.m.

November 1, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-47-31100F   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 7:00 a.m. to 5:00 p.m. November 4, 2002, Areas 7 and 7A are open to purse seines using the 5 inch strip. Chinook and coho salmon must be released immediately.

(3) Effective immediately 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 220-47-41100E   Gill net -- Open periods.   Notwithstanding the provisions of Chapter 220-47-411 WAC,

(1) Effective 7:00 a.m. to 7:00 p.m. November 5, 2002, Areas 7 and 7A are open to gill nets using 6 1/4 inch minimum mesh.

(2) Effective immediately 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 7:00 a.m. November 4, 2002:


WAC 220-47-31100E Purse seine -- Open periods. (02-268)
WAC 220-47-41100D Gill net -- Open periods. (02-268)

Washington State Code Reviser's Office