WSR 97-18-067

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-182--Filed September 2, 1997, 2:33 p.m., effective September 2, 1997, 6:00 p.m.]

Date of Adoption: September 2, 1997.

Purpose: Commercial.

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

Statutory Authority for Adoption: RCW 75.08.080.

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: In-season information indicates a smaller than anticipated Willapa Bay chinook run size. A reduction in the Willapa commercial gill net fishery is necessary to avoid overharvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: September 2, 1997, 6:00 p.m.

September 2, 1997

Evan Jacoby

for Bern Shanks

Director

NEW SECTION

WAC 220-40-02700Q Salmon - Willapa Bay fall fishery. Notwithstanding the provisions of WAC 220-40-027, it is unlawful to fish for or possess salmon taken from Willapa Bay for commercial purposes except as provided for in this section:

Fishing period

(1) Gill net gear may be used for salmon from: 6:00 p.m. September 2 to 6:00 p.m. September 3 in SMCRA 2M, that portion of SMCRA 2G east of a line drawn true north-south through Willapa Channel Entrance Marker Buoy 12, that portion of SMCRA 2H west of Willapa Channel Marker 35, and that portion of SMCRA 2J north of an east-west line through the north entrance marker to the Nahcotta boat basin (red flasher No. 2).

(2) Gill net gear shall be used as provided in WAC 220-40-051 except that before 6:00 p.m. September 17, there is no maximum mesh size limit.

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REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 220-40-02700P Salmon-Willapa Bay fall fishery. (97-137)

The following section of the Washington Administrative Code is repealed effective 11:59 p.m. September 15, 1997: