WSR 00-23-080

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-239 -- Filed November 17, 2000, 4:28 p.m. , effective November 19, 2000, 11:59 p.m. ]

Date of Adoption: November 17, 2000.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-711.

Statutory Authority for Adoption: RCW 77.12.047.

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: The above Puget Sound purse seine and gill net openings are part of the final agreements reached at the April 7, 2000, meeting of the Pacific Fishery Management Council (PFMC) in Portland, Oregon. Those agreements were drafted into regulatory format and filed with the code reviser's office under the expedited rule-making process. Those permanent rules, during Management Week 48, include an extended five days per week chum salmon gill net and purse seine opening in Area 7B, a one day per week chum salmon gill net and purse seine opening in Area 8, a three day per week chum salmon gill net and purse seine opening in Area 8A, a three day per week chum salmon gill net and purse seine opening in Area 8D, a one day opening for gill nets and purse seines in Areas 10 and 11, and an Area 12C opening dependent upon sufficient chum remaining in the nontreaty net share. In-season run sizes have been downgraded from preseason expectations. Conservation measures are being taken to prevent overharvest, and consistent with in-season run size updates, Areas 8, 8A, 8D, 10, 11, and 12C are being closed. Due to escapement concerns in the Nooksack River, Area 7B is being reduced to three days next week. All other rules are consistent with agreements reached at the PFMC meeting. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.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: November 19, 2000, 11:59 p.m.

November 17, 2000

Jeff P. Koenings

by Evan Jacoby

Director


NEW SECTION
WAC 220-47-711
Puget Sound all-citizen commercial salmon fishery.

Notwithstanding the provisions of Chapter 220-47 WAC, effective 11:59 P.M. Sunday, November 19, 2000 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, gears, meas sizes, area, and species restrictions:

     Area 7B: Open as follows:

     gill nets - Open to gill nets using 6 1/4 inch minimum mesh from 7:00 A.M. Monday, November 20 to 8:00 P.M. Wednesday, November 22, and from 7:00 A.M. Monday, November 27 to 8:00 P.M. Wednesday, November 29, and from 7:00 A.M. Monday, December 4 to 8:00 P.M. Wednesday, December 6.

     Purse seines - Open to purse seines using the 5-inch strip from 7:00 A.M. Monday, November 20 to 5:00 P.M. Wednesday, November 22, and from 7:00 A.M. Monday, November 27 to 5:00 P.M. Wednesday, November 29, and from 7:00 A.M. Monday, December 4 to 5:00 P.M. Wednesday, December 6.

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

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Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


     The following section of the Washington Administrative Code is repealed effective 4:01 p.m. December 8, 2000:


WAC 220-47-711 Puget Sound all-citizen commercial salmon fishery.

© Washington State Code Reviser's Office