WSR 97-18-018

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-174--Filed August 25, 1997, 4:37 p.m., effective August 26, 1997, 12:01 a.m.]

Date of Adoption: August 25, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-810.

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 and pink salmon is available, as determined by the Fraser River Salmon Management Forum. Openings in Areas 7 and 7A are consistent with management agreements among parties within this forum, and provide opportunity to harvest the nontreaty allocation of Fraser River-origin sockeye and pink salmon relative to preseason run size forecasts and in-season run size updates, relative to a target of over 900,000 sockeye remaining in the nontreaty allocation. Requirement for reef net release of chinook salmon necessary due to higher than anticipated chinook incidental harvests and to protect weak chinook stocks.

Opening in Areas 7B and 7C provides opportunity to harvest the nontreaty allocation of chinook salmon destined for the Nooksack-Samish region, per preseason schedule. Openings in Area 8 provide opportunity to harvest the nontreaty allocation of pink salmon destined for the Skagit region of origin, per preseason schedule. Purse seine release of chinook in Area 8 is necessary to protect weak stocks. The area restriction in southern Area 8 is consistent with RCW 75.12.010(4). These openings and restrictions are consistent with agreements reached during the Pacific Fisheries Management Council - North of Falcon preseason process, and reflect the schedule adopted by the Washington Fish and Wildlife Commission.

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 reduce 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 26, 1997, 12:01 a.m.

August 25, 1997

Bern Shanks

Director

NEW SECTION

WAC 220-47-811 Puget Sound all-citizen commercial salmon fishery. Notwithstanding the provisions of Chapter 220-47 WAC, effective 12:01 a.m. Tuesday August 26, 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 Tuesday, August 26, 1997 through Wednesday August 27, 1997.

* AREA 7A - Reef nets may fish from 5:00 a.m. to 9:00 p.m. daily Tuesday, August 26, 1997 through Wednesday August 27, 1997. Gillnets using 5-inch minimum, 6-inch maximum mesh may fish from 7:50 a.m to 11:59 p.m. daily Tuesday, August 26, 1997 through Wednesday August 27, 1997.

* AREAS 7B and 7C - Gillnets using 7-inch minimum mesh may fish from 7:00 p.m. to 9:00 a.m. nightly, Monday August 25, 1997 and Tuesday August 26, 1997.

* AREA 8 - Gillnets using 5-inch minimum, 5 1/2-inch maximum mesh may fish from 6:00 a.m. to 9:00 p.m. Tuesday August 26, 1997. Purse seines may fish from 5:00 a.m. to 9:00 p.m. daily, Wednesday August 27, 1997 and Thursday August 28, 1997. In addition to the exclusion zones listed in Section 220-47-307 WAC, Area 8 is closed south and west of a line projected from Rocky Point on Camano Island to Polnell Point on Whidbey Island.

* Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7D, 7E, 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.

* Purse seines and reef nets may not retain chinook salmon in Areas 7, 7A or 8.

* 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. Tuesday August 26, 1997: