WSR 06-23-026

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-284 -- Filed November 3, 2006, 3:00 p.m. , effective November 5, 2006, 12:01 a.m. ]


     Effective Date of Rule: November 5, 2006, 12:01 a.m.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100I, 220-47-31100J, 220-47-41100J and 220-47-41100K; and amending WAC 220-47-311 and 220-47-411.

     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: It is estimated that there are sufficient harvestable fish remaining in the nontreaty share to sustain this schedule at expected effort and catch levels. Treaty-tribe comanagers have been consulted and agreed to these fishing schedules. These fisheries are not expected to exceed by-catch levels modeled during the preseason process. There is insufficient time to make this a part of the permanent rules process.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 4.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 2, 2006.

Morris W. Barker

for Jeff Koenings

Director


NEW SECTION
WAC 220-47-31100J   Purse seine -- Open periods.   Notwithstanding the provisions of WAC 220-47-311, effective 12:01 a.m. November 5 through 11:59 p.m. November 10, 2006, it is unlawful to take, fish for or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 7, 7A, 10, 11, 12, 12B, and 12C except in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this chapter, provided that unless otherwise amended, all permanent rules for all other catch reporting areas remain in effect:


AREA TIME - DATE(S)
7 & 7A: 7AM - 5PM with use of

operating recovery

box

 11/6, 11/7, 11/8,

11/9, 11/10
7AM - 2:30PM without

recovery box

 11/6, 11/7, 11/8,

11/9, 11/10
10 & 11: 7AM - 5PM 11/6
12 & 12B: 7AM - 5PM 11/6, 11/8
12C: CLOSED

     (i) In Areas 7 & 7A Chinook and Coho salmon must be released or placed in an operating recovery box until the fish has recovered or death has occurred. All Chinook and coho must be released alive or dead.

     (ii) Fishing vessel operators must be in possession of a "Fish Friendly" Best Fishing Practices certification card documenting attendance of a Best Fishing Practices workshop to participate in any area 7 or 7A salmon fishery.

[]


NEW SECTION
WAC 220-47-41100K   Gill net -- Open periods.   (1) Notwithstanding the provisions of WAC 220-47-411, effective 12:01 a.m. November 5 through 11:59 p.m. November 10, 2006, it is unlawful to take, fish for or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 7, 7A, 10, 11, 12, 12B, and 12C except in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this chapter, provided that unless otherwise amended, all permanent rules for all other catch reporting areas remain in effect:


AREA TIME - DATE(S) MINIMUM MESH
7 & 7A: 12 PM - 11:59 PM 11/6, 11/7,

11/8, 11/9,

11/10

 6 1/4"
10 & 11: 3PM

(11/5)

 - 7AM

(11/6)

 11/5 6 1/4"
3PM

(11/7)

 - 7AM

(11/8)

 11/7 6 1/4"
12 & 12B 7AM - 7PM 11/7, 11/9 6 1/4"
12C CLOSED

     (i) Fishing vessel operators must be in possession of a "Fish Friendly" Best Fishing Practices certification card documenting attendance of a Best Fishing Practices workshop to participate in any area 7 or 7A salmon fishery.

[]


REPEALER


     The following sections of the Washington Administrative Code are repealed effective 12:01 a.m. November 5, 2006:


WAC 220-47-31100I Purse seine -- Open periods. (06-280)
WAC 220-47-41100J Gill net -- Open periods. (06-280)

     The following sections of the Washington Administrative Code are repealed effective 12:01 a.m. November 11, 2006:
WAC 220-47-31100J Purse seine -- Open periods.
WAC 220-47-41100K Gill net -- Open periods.

© Washington State Code Reviser's Office