WSR 97-15-080

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-121--Filed July 16, 1997, 4:50 p.m.]

Date of Adoption: July 16, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-180.

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: Hooking mortality has been accounted for in setting seasons based on the number of retained fish. Additional hooking mortality after the daily limit was taken would reduce fishing opportunity. Additionally, requiring cessation of fishing after the daily limit is taken will reduce crowding and provide for a more orderly fishery. There is insufficient time to promulgate permanent rules for the fall 1997 salmon season, and additional hooking mortality may affect critical stocks. This will be proposed for permanent adoption in the 1998 rule cycle.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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 16, 1997

Bern Shanks

Director

NEW SECTION

WAC 220-56-18000A Salmon daily limits--Unlawful to fish when limit retained. Notwithstanding the provisions of WAC 220-56-180, effective immediately until further notice:

(1) In all areas where the daily limit allows adult salmon to be taken, it is unlawful to continue to fish for salmon after the adult portion of the daily limit has been retained.

(2) In all areas it is unlawful to continue to fish for salmon after the daily limit has been retained.