WSR 97-19-052

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-189--Filed September 12, 1997, 3:19 p.m., effective September 14, 1997, 12:01 a.m.]

Date of Adoption: September 12, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-815.

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: The closure of the scheduled reef net opportunity in Areas 7 and 7A is necessary to remain within the United States target of Fraser River-origin pink salmon, as determined by the Fraser River Salmon Management Forum.

Opening in Area 7B provides opportunity to harvest the nontreaty allocation of coho salmon returning to the Nooksack-Samish region of origin, per preseason schedule. The gillnet mesh size restriction, area restriction, and purse seine release requirement in Area 7B is necessary to reduce nontreaty chinook catches relative to the nontreaty chinook allocation, relative to an in-season run size assessment of 30,000 chinook which is 22% below preseason forecast.

Openings in Area 9A provide opportunity to harvest the nontreaty allocation of Hood Canal hatchery-origin coho salmon, per preseason schedule. The opening in Area 12A provides opportunity to selectively harvest the nontreaty allocation of coho salmon destined for the Quilcene National Fish Hatchery while reducing impacts to summer chum. Beach seine gear specifications are defined in WAC 220-47-427(6). 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: September 14, 1997, 12:01 a.m.

September 12, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-47-816 Puget Sound all-citizen commercial salmon fishery. Notwithstanding the provisions of Chapter 220-47 WAC, effective 12:01 a.m. Sunday September 14, 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 7B - Gillnets using 5-inch minimum, 5 1/2-inch maximum mesh and purse seines using the 5-inch strip may fish from 6:00 a.m. Monday September 15 to 4:00 p.m. Friday September 19, 1997. In addition to the exclusion zones described in WAC 220-47-307, Area 7B is closed south of a line projected from Governors Point to the most northerly point of Vendovi Island.

* AREA 9A - Gillnets using 5-inch minimum mesh may fish from 6:00 a.m. Sunday September 14, 1997 until 4:00 p.m. Saturday November 1, 1997.

* AREA 12A - Holders of Quilcene Bay salmon beach seine Experimental Fishery Permits may fish 7:00 a.m. to 7:00 p.m. daily:

Monday September 15, 1997 through Friday September 19, 1997

Monday September 22, 1997 through Friday September 26, 1997

Monday September 29, 1997 through Friday October 3, 1997

Monday October 6, 1997 through Friday October 10, 1997

Monday October 13, 1997 through Friday October 17, 1997

All provisions of WAC 220-47-427 apply.

* Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7, 7A, 7C, 7D, 7E, 8, 8A, 8D, 9, 10, 10A, 10C, 10D, 10E, 10F, 10G, 11, 11A, 12, 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 may not retain chinook salmon in Area 7B.

* 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. Sunday September 14, 1997: