WSR 98-23-044

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-235--Filed November 13, 1998, 11:38 a.m., effective November 15, 1998, 12:01 a.m.]

Date of Adoption: November 13, 1998.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-909.

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: Openings in Area 7B provide opportunity to harvest chum salmon destined for the Nooksack-Samish region; the preseason schedule has been modified to avoid greatly exceeding the nontreaty share relative to the in-season run size update of 190,000 - 139% above preseason forecast. Openings in Area 8 provide opportunity to harvest the nontreaty allocation of chum salmon destined for the Skagit region, per the preseason schedule relative to the in-season update of 150,000 - 18% below forecast. Openings in Areas 8A and 8D provide opportunity to harvest the nontreaty allocation of chum salmon destined for the Stillaguamish-Snohomish region of origin, per the preseason schedule. Openings in Areas 10 and 11 provide opportunity to harvest the nontreaty allocation of chum salmon in the south Puget Sound region of origin, per the preseason schedule relative to the in-season update of 550,000 chum - 14% above preseason forecast. Openings in Areas 12 and 12B provide opportunity to harvest the nontreaty allocation of chum salmon destined for the Hood Canal region of origin per the preseason schedule. These openings and the purse seine and reef net chinook nonretention requirement are consistent with agreements reached during the Pacific Fishery Management Council - North of Falcon preseason process.

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

An emergency exists in that there is insufficient time to promulgate permanent rules before the fish have [been] removed 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.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: November 15, 1998, 12:01 a.m.

November 13, 1998

Larry W. Peck

Acting Director

NEW SECTION

WAC 220-47-910  Puget Sound all-citizen commercial salmon fishery. Notwithstanding the provisions of Chapter 220-47 WAC, effective 12:01 a.m. Sunday November 15, 1998 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 7B - Gillnets using 6 1/4-inch minimum mesh and purse seines using the 5-inch strip may fish from 6:00 a.m. Monday November 16, 1998 until 4:00 p.m. Thursday November 19, 1998.

.* AREAS 8, 12 AND 12B - Gillnets using 6 1/4-inch minimum mesh may fish from 7:00 a.m. to 6:00 p.m. Monday November 16, 1998. Purse seines using the 5-inch strip may fish from 7:00 a.m. to 5:00 p.m. Tuesday November 17, 1998.

.* AREAS 8A AND 8D - Gillnets using 6 1/4-inch minimum mesh may fish from 7:00 a.m. to 6:00 p.m. daily, Monday November 16, 1998, and Tuesday November 17, 1998. Purse seines using the 5-inch strip may fish from 7:00 a.m. to 5:00 p.m. daily, Wednesday November 18, 1998 and Thursday November 19, 1998.

.* AREAS 10 AND 11 - Gillnets using 6 1/4-inch minimum mesh may fish from 4:00 p.m. Monday November 16, 1998 to 8:00 a.m. Tuesday November 17, 1998. Purse seines using the 5-inch strip may fish from 7:00 a.m. to 5:00 p.m. Tuesday November 17, 1998.

.* Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7, 7A, 7C, 7D, 7E, 9, 9A, 10A, 10C, 10D, 10E, 10F, 10G, 11A, 12A, 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.

.* Purse seines may not retain chinook salmon.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. Sunday November 15, 1998:

WAC 220-47-909 Puget Sound all-citizen commercial salmon fishery. (98-231)