WSR 97-19-039

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-187--Filed September 9, 1997, 4:55 p.m., effective September 9, 1997, 6:00 p.m.]

Date of Adoption: September 9, 1997.

Purpose: Commercial fishing regulations.

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

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: There are insufficient numbers of harvestable fish remaining in Grays Harbor Salmon Management and Catch Reporting Area 2D to allow for a full two-day fishery. All the harvestable fish should be taken in twelve hours. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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 9, 1997, 6:00 p.m.

September 9, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-36-02300U Grays Harbor salmon--Fall fishery. Notwithstanding the provisions of WAC 220-36-023, it is unlawful to fish for or possess salmon taken from Grays Harbor for commercial purposes except as provided for in this section:

Fishing period

(1) Gill net gear may be used to fish for salmon from 6:00 p.m. September 9 to 6:00 p.m. September 11, 1997, in SMCRA 2C.

(2) Gill net gear may be used to fish for salmon from 6:00 p.m. September 10 to 6:00 a.m. September 11, 1997, in SMCRA 2D.

(3) Gill net gear shall be used as provided for in WAC 220-36-015, except that it shall not contain mesh smaller than 8 inches.

[]

REPEALER

The following section of the Washington Administrative Code is repealed effective 6:01 p.m. September 11, 1997: