WSR 97-15-108

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-127--Filed July 22, 1997, 8:01 a.m.]

Date of Adoption: July 21, 1997.

Purpose: Personal and commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Amending WAC 220-12-010, 220-56-118, 220-56-240, 220-48-061, 220-47-427, 220-47-428, 220-48-062, and 220-49-020.

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: These rules allow for the take and retention of feral Atlantic salmon that have escaped from aquaculture net pens. This is a particular problem in western Catch Record Card Area 10 where several pens were torn on July 18th. Removal of these fish from Puget Sound waters is a priority and 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 4, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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 21, 1997

Larry Peck

for Bern Shanks

Director

NEW SECTION

WAC 220-12-01000B Food fish--Classification. Notwithstanding the provisions of WAC 220-12-010, effective immediately until further notice the following species is classified as a food fish:

Atlantic salmon (in its anadromous form) Salmo salar

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NEW SECTION

WAC 220-56-11800A Atlantic salmon--Gear. Effective immediately until further notice:

(1) It is unlawful to use barbed hooks while angling for Atlantic salmon in all marine waters.

(2) It is lawful to take Atlantic salmon with a dip net in those waters of Catch Record Card Area 10 west of a line projected due north from the northerly tip of Vashon Island.

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NEW SECTION

WAC 220-56-24000A Daily limits--Other food fish--Atlantic salmon. Notwithstanding the provisions of WAC 220-56-180 and 220-56-240, effective immediately until further notice:

(1) There is no minimum size limit for anadromous Atlantic salmon and no daily or possession limits.

(2) Atlantic salmon may be fished for and retained in all waters open to salmon fishing for salmon other than Atlantic salmon.

(3) Once the daily limit of salmon other than Atlantic salmon is taken, it is unlawful to continue to fish for Atlantic salmon or salmon other than Atlantic salmon.

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NEW SECTION

WAC 220-48-06100A Drag seine gear--Atlantic salmon. Notwithstanding the provisions of WAC 220-47-427, WAC 220-47-428, WAC 220-48-061, WAC 220-48-062, WAC 220-49-011, WAC 220-49-013, and WAC 220-49-020, effective immediately until 11:59 p.m., July 25, 1997:

(1) It is lawful to fish for Atlantic salmon with drag seine gear and dip bag net gear in those waters of Marine Fish Management and Catch Reporting Area 26C south of the Agate Pass Bridge and those waters of Area 26B west of a line from Restoration Point to Point Vashon, except the following areas are closed:

(a) Sinclair Inlet southwest of a line from the Bremerton Ferry Terminal to the Retsil Dock.

(b) Dyes Inlet and the Port Washington Narrows northerly of the Manette Bridge.

(c) Liberty Bay northwesterly of a line projected due east from the southernmost Keyport dock to the opposite shore.

(2) Lawful drag seine may be no longer than 600 feet in length, nor contain mesh size smaller than 1/2 inch or mesh size larger than 4 inches.

(3) Lawful dip bag net gear is as provided for in WAC 220-49-013.

(4) It is unlawful to retain salmon other than Atlantic salmon.

(5) The license required to participate in this fishery is an emerging commercial fishery license with Quilcene permit as provided for in WAC 220-47-427, a food fish drag seine fishery license, a herring drag seine fishery license, a smelt dip bag net fishery license or a herring dip bag net fishery license.

(a) Holders of an emerging commercial fishery license with Quilcene permit, a food fish drag seine fishery license or a smelt dip bag net fishery license may not retain herring at any time and may not retain bottomfish.

(b) Holders of a herring drag seine fishery license or a herring dip bag net fishery license may not retain bottomfish.

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