WSR 97-23-051

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-231--Filed November 17, 1997, 3:41 p.m.]

Date of Adoption: November 17, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-191.

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: Concern for the chum salmon resource in this area has been heightened by the presence of a pod of killer whales that have remained in Dyes Inlet for several weeks. It is assumed that the killer whales have been feeding heavily on chum salmon returning to tributaries of the inlet. Spawning ground surveys in Chico Creek reveal escapement numbers to date are running behind the normal pattern, and stock assessment staff indicates the number of spawning chum salmon will fall thousand fish short of the escapement goal. Therefore, it is essential to get every chum salmon possible on the spawning grounds. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: Immediately.

November 17, 1997

Bern Shanks

Director

NEW SECTION

WAC 220-56-19100A Puget Sound salmon--Seasons and daily limits. Notwithstanding the provisions of WAC 220-56-191, effective immediately until further notice, it is unlawful to take, fish for, or possess chum salmon taken for personal use from those waters of Dyes Inlet and Port Washington Narrows in Catch Reporting Area 10 lying northwesterly of the Manette Bridge.