WSR 97-16-058

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-137--Filed July 31, 1997, 4:59 p.m.]

Date of Adoption: July 31, 1997.

Purpose: Commercial fishing regulation.

Citation of Existing Rules Affected by this Order: Amending WAC 220-36-021, 220-40-021, and 220-40-027.

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: Harvestable numbers of salmon exist. Permanent rule filing process is underway for later fishing but cannot be promulgated in time for this fishery.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 3, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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 31, 1997

Chris Drivdahl

for Bern Shanks

Director

NEW SECTION

WAC 220-36-02100M Salmon--Grays Harbor--Summer fishery. Notwithstanding the provisions of WAC 220-36-02, effective immediately through August 15 1997, it is unlawful to fish for salmon in Grays Harbor for commercial purposes or to possess salmon taken from those waters for commercial purposes.

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Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

WAC 220-40-02100V Willapa Bay salmon--Summer fishery. Notwithstanding the provisions of WAC 220-40-021, effective immediately through August 15 1997, it is unlawful to fish for salmon in Willapa Bay for commercial purposes or to possess salmon taken from those waters for commercial purposes.

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Reviser's note: The typographical error 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.

NEW SECTION

WAC 220-40-02700P Salmon--Willapa Bay fall fishery. Notwithstanding the provisions of WAC 220-40-027, the following provisions apply:

Fishing period

(1) Gill net gear may be used for salmon from:

6:00 p.m. August 18 to 6:00 p.m. August 19, 6:00 p.m. August 21 to 6:00 p.m. August 22, 6:00 p.m. August 27 to 6:00 p.m. August 28, 6:00 p.m. September 2 to 6:00 p.m. September 4, and 6:00 p.m. September 8 to 6:00 p.m. September 10, 1997, in SMCRA 2M, that portion of SMCRA 2G east of a line drawn true north-south through Willapa Channel Entrance Buoy 12, that portion of SMCRA 2H west of Willapa Channel Marker 35, and that portion of SMCRA 2J north of an east-west line through the north entrance marker to the Nahcotta boat basin (red flasher no. 2).

Gear

(2) Gill net gear shall be used as provided in WAC 220-40-051 except that before 6:00 p.m. September 17, there is no maximum mesh size limit.