WSR 97-15-006

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-114--Filed July 3, 1997, 3:12 p.m.]

Date of Adoption: July 3, 1997.

Purpose: Commercial fishing regulations.

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: An emergency exists in that there is insufficient time, prior to the commencement of Puget Sound salmon fisheries, to finalize promulgation of permanent rules which were adopted by the Washington Fish and Wildlife Commission at a May 30, 1997, public hearing.

The provision prohibiting fish from being landed directly into the hold is necessary to ensure that fishers sort fish that are required to be released from the catch. Fish must be sorted and released prior to being placed in the hold to increase survivability of fish which are required to be released to reduce fisheries impacts on commingled weak salmon stocks.

The provision requiring gaps in the corkline of purse seine gear is necessary to allow the escape of sea birds, which may be encircled in the net, during fishing operations.

A harvestable surplus of sockeye salmon is available, as determined by the Fraser River Salmon Management Forum. Opening in Areas 7 and 7A is consistent with management agreements among parties within this forum, and provides opportunity to harvest the nontreaty allocation of Early Stuart-origin sockeye salmon relative to preseason run size forecasts. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, amended 0, repealed 0.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.

July 3, 1997

Ron Swatfigure

for Bern Shanks

Director

NEW SECTION

WAC 220-47-800 Puget Sound all-citizen commercial salmon purse seine--Release of incidentally-caught fish and purse seine gear modification. Effective immediately until further notice:

(1) It is unlawful for any purse seine vessel operator landing salmon to land salmon directly into the hold. All salmon must be landed to the deck, or to a sorting tray or table, of the harvesting vessel with the hatch hold cover closed until the release of salmon that may not be retained is complete.

(2) It is unlawful to take or fish for salmon with purse seine gear in Puget Sound unless at least four sections, each measuring no less than 12 inches in length, along the corkline in the bunt, and within 75 fathoms of the bunt have no corks or floats attached. These four sections must be spaced such that one section is along the corkline in the bunt, within 5 fathoms of the seine net, and the other three sections must be spaced at least 20 fathoms apart along the corkline within 75 fathoms of the bunt.

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NEW SECTION

WAC 220-47-801 Puget Sound all-citizen commercial salmon fishery. Notwithstanding the provisions of Chapter 220-47 WAC, effective immediately 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:

* areas 7 and 7A - Reef nets may fish from 5:00 a.m. to 9:00 p.m. Saturday July 5, 1997. Gillnets using 5-inch minimum 6-inch maximum mesh may fish from 7:00 a.m. to 11:59 p.m. Tuesday July 8, 1997. Purse seines may fish from 5:00 a.m. to 9:00 p.m. Wednesday July 9, 1997. Purse seines shall not retain chinook salmon in area 7.

* Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7B, 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 freshwater areas, and exclusion zones provided for in WAC 220-47-307 - Closed.