WSR 97-20-022

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-197--Filed September 19, 1997, 4:59 p.m., effective September 21, 1997, 12:01 a.m.]

Date of Adoption: September 19, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-816.

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: Purse seine and gillnet opening in Area 7A provides opportunity to harvest the nontreaty allocation of sockeye and pink salmon relative to Pacific Salmon Commission recommendation of a run size of 13 million Fraser River origin pink salmon. Purse seine release of coho and chinook salmon necessary to reduce nontreaty fishery impacts on weak stocks.

Reef net opening in Areas 7 and 7A provides opportunity to harvest the nontreaty allocation of pink and coho salmon relative to agreements reached during the Pacific Marine Fisheries Council/North of Falcon preseason planning process, per preseason schedule. Requirement for reef net release of chinook salmon necessary due to higher than anticipated chinook incidental harvests in this area and to protect weak chinook stocks.

Opening in Area 7B provides opportunity to harvest the nontreaty allocation of coho salmon returning to the Nooksack-Samish region of origin, per preseason schedule. The gillnet mesh size restriction, area restriction, and purse seine release requirement in Area 7B is necessary to reduce nontreaty chinook catches relative to the nontreaty chinook allocation, relative to an in-season run size assessment of 30,000 chinook which is 22% below preseason forecast.

Openings in Area 8D provide opportunity to harvest the nontreaty allocation of coho returning to the Tulalip Hatchery, per preseason schedule.

Openings in Area 9A provide opportunity to harvest the nontreaty allocation of Hood Canal Hatchery-origin coho salmon, per preseason schedule. The opening in Area 12A provides opportunity to selectively harvest the nontreaty allocation of coho salmon destined for the Quilcene National Fish Hatchery while reducing impacts to summer chum. Beach seine gear specifications are defined in WAC 220-47-427(6).

These openings and restrictions are consistent with agreements reached during the Pacific Fisheries Management Council - North of Falcon preseason process, and reflect the schedule adopted by the Washington Fish and Wildlife Commission.

All other Puget Sound areas are closed to prevent overharvest of local salmon stocks.

Atlantic salmon have recently escaped from commercial net pen operations in the Puget Sound region, and removal of this nonnative species is required to reduce any possibility of adverse impacts on indigenous fishes.

An emergency exists in that there is insufficient time to promulgate permanent rules before the fish have moved from the fishing grounds.

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 21, 1997, 12:01 a.m.

September 19, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-47-817 Puget Sound all-citizen commercial salmon fishery. Notwithstanding the provisions of Chapter 220-47 WAC, effective 12:01 a.m. Sunday September 21, 1997 until further notice, it is unlawful to take, fish for, or possess salmon for commercial purposes taken from the following Puget Sound Salmon Management and Catch Reporting Areas except in accordance with the following open periods and mesh and area restrictions:

* AREA 7 - Reef nets may fish from 7:00 a.m. to 7:00 p.m. daily, Monday September 22, 1997 through Friday September 26, 1997. Reef nets may not retain chinook salmon.

* AREA 7A - Reef nets may fish from 7:00 a.m. to 7:00 p.m. daily, Monday September 22, 1997 through Friday September 26, 1997. Reef nets may not retain chinook salmon. Gillnets using 5-inch minimum, 6-inch maximum mesh may fish from 8:30 a.m. to 11:59 p.m. Monday September 22, 1997. Purse seines may fish from 8:00 a.m. to 8:00 p.m. Monday September 22, 1997. Purse seines may not retain coho or chinook salmon.

* AREA 7B - Gillnets using 5-inch minimum, 5 1/2-inch maximum mesh and purse seines using the 5-inch strip may fish from 6:00 a.m. Sunday September 21 to 4:00 p.m. Saturday November 1, 1997. In addition to the exclusion zones described in WAC 220-47-307, Area 7B is closed south of a line projected from Governors Point to the most northerly point of Vendovi Island. Purse seines may not retain chinook salmon.

* AREA 8D - Purse seines using the 5-inch strip may fish from 7:00 a.m. to 7:00 p.m. daily, Monday September 22, 1997 through Thursday September 25, 1997. Gillnets using 5-inch minimum mesh may fish from 6:00 p.m. to 8:00 a.m. nightly, beginning Monday September 22, 1997, Tuesday September 23, 1997, Wednesday September 24, 1997 and Thursday September 25, 1997.

* AREA 9A - Gillnets using 5-inch minimum mesh may fish until 4:00 p.m. Saturday November 1, 1997.

* AREA 12A - Holders of Quilcene Bay salmon beach seine Experimental Fishery Permits may fish 7:00 a.m. to 7:00 p.m. daily:

Monday September 22, 1997 through Friday September 26, 1997

Monday September 29, 1997 through Friday October 3, 1997

Monday October 6, 1997 through Friday October 10, 1997

Monday October 13, 1997 through Friday October 17, 1997

All provisions of WAC 220-47-427 apply.

* Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7C, 7D, 7E, 8, 8A, 9, 10, 10A, 10C, 10D, 10E, 10F, 10G, 11, 11A, 12, 12B, 12C, 12D, 13, 13A, 13C, 13D, 13E, 13F, 13G, 13H, 13I, 13J, and 13K, all freshwater areas, and exclusion zones provided for in WAC 220-47-307 - Closed.

* Atlantic salmon may be retained during openings listed in this section.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. Sunday September 21, 1997: