EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: November 14, 2003.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100P and 220-47-41100Q; 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: This action opens Areas 8, 10, 11, 12 and 12B for one additional day of purse seine fishing. This is based on the in-season run size updates that show significantly more chum salmon returning to these areas. The Hood Canal run size has been updated to 1.1 million vs. the preseason forecast of 340,000 and the South Puget Sound run size has been updated to 700,000 from the 448,000 preseason forecast. The Area 8 harvestable nontreaty share increased from 5,000 to 30,000. Area 12C fisheries were restricted by agreement with the treaty-tribe comanagers to enhance treaty fishers ability to take their harvestable share. This action also changes the days and time period fished in Area 8A to daylight fishing to address fishers concerns and accommodate the treaty fishing schedule. This emergency rule maintains the appropriate minimum mesh sizes in Area 8A as agreed during the Pacific Fisheries Management Council and North of Falcon preseason planning meetings and during the August 2, 2003, Fish and Wildlife Commission meeting. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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 14, 2003, 7:01 p.m.
November 14, 2003
Evan Jacoby
for Jeff Koenings
Director
| Area | Time | Date |
| 8 | 7:00 AM - 5:00 PM | 11/18 |
| 10/11 | 7:00 AM - 5:00 PM | 11/17 |
| 12/12B | 7:00 AM - 5:00 PM | 11/17 |
| 12C - Closed |
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(a) Fax transmission to 360-902-2949;
(b) E-mail to psfishtickets@dfw.wa.gov; or
(c) Toll-free telephone call to 1-866-791-1279
Effective immediately until further notice, it is unlawful to take, fish for or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 8, 8A, 10, 11 and 12C except in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect:
| AREA | TIME | - | DATE(S) | MINIMUM MESH | |
| 8: | 7AM | - | 7PM | 11/18 | 6 1/4" |
| 8A: | 7AM | - | 7PM | 11/18, 11/20, 11/21 | 6 1/4" |
| 10, 11: | 7PM | - | 6AM | Nightly 11/16, 11/18, 11/20 | 6 1/4" |
| 12C: | 7AM | - | 7PM | CLOSED | 6 1/4" |
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The following sections of the Washington Administrative
Code are repealed effective 7:01 p.m. November 14, 2003:
| WAC 220-47-31100P | Purse seine -- Open periods. (03-284) |
| WAC 220-47-41100Q | Gill net -- Open periods. (03-284) |