WSR 97-17-003

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-141--Filed August 6, 1997, 3:55 p.m., effective August 7, 1997, 12:01 a.m.]

Date of Adoption: August 6, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-805.

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: 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, relative to Pacific Salmon Commission update of early summer sockeye run size to 600,000, and to a target of over 1,400,000 sockeye remaining in the nontreaty allocation. All other Puget Sound areas are closed to prevent overharvest of local salmon stocks.

Atlantic salmon have recently escaped from commercial net pen operations in the Puget Sound region, and removal of this nonnative species is required to eliminate any possibility of adverse impacts on indigenous fishes.

An emergency exists in that there is insufficient time to promulgate permanent rules before the fish have moved 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: August 7, 1997, 12:01 a.m.

August 6, 1997

Bern Shanks

Director

NEW SECTION

WAC 220-47-806 Puget Sound all-citizen commercial salmon fishery. Notwithstanding the provisions of Chapter 220-47 WAC, effective 12:01 a.m. Thursday August 7, 1997 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:

* AREA 7 - Reef nets may fish from 5:00 a.m. to 9:00 p.m. daily, Thursday August 7, 1997 through Sunday August 10, 1997.

* AREA 7A - Reef nets may fish from 5:00 a.m. to 9:00 p.m. daily, Thursday August 7, 1997 through Sunday August 10, 1997. Purse seines may fish from 5:00 a.m. to 9:00 p.m. daily, Saturday, August 9, 1997 and Sunday, August 10, 1997.

* 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.

* Atlantic salmon may be retained during openings listed in this section.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. Thursday August 7, 1997: