WSR 06-21-008

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-259 -- Filed October 5, 2006, 3:37 p.m. , effective October 12, 2006, 7:00 a.m. ]


     Effective Date of Rule: October 12, 2006, 7:00 a.m.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-50100Z; and amending WAC 220-47-501.

     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: This regulation accommodates treaty fishing scheduled on October 10 and 11. The originally scheduled nontreaty fishery on October 11, 12 and 13 did not allow adequate time for the treaty fishery after the mandatory October 10 start date in accordance with Annex IV chapter 6 of the Pacific Salmon Treaty. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: October 4, 2006.

J. P. Koenings

Director


NEW SECTION
WAC 220-47-50100Z   Puget Sound all-citizen commercial salmon fishery.   Notwithstanding the provisions of WAC 220-47-311 and WAC 220-47-411, effective immediately until further notice, it is unlawful to take, fish for or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A except in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect:


Areas 7 and 7A:

     Purse Seines - Open 7:00 a.m. to 6:00 p.m. with use of recovery box and 7:00 a.m. to 3:15 p.m. without use of recovery box on October 12, 13, and 14, 2006. Chinook and Coho salmon must be released immediately.

     Gill Nets - Open Noon to 11:59 p.m. for nets with 6 1/4-inch minimum mesh size on October 12, 13, and 14, 2006. Coho and chinook salmon must be released and it is unlawful to use a net soak time of more than 45 minutes. Net soak time is defined as the time elapsed from when the first of the gill net web enters the water until the gill net is fully retrieved from the water. Fishers must also use a recovery box in compliance with WAC 220-47-302 (5)(a) through (f).    

[]

     Reviser's note: The unnecessary underscoring 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 11:59 p.m. October 14, 2006:


WAC 220-47-50100Z Puget Sound all-citizen commercial salmon fishery.

© Washington State Code Reviser's Office