WSR 97-20-005

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-193--Filed September 17, 1997, 4:55 p.m.]

Date of Adoption: September 17, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-12400C and 220-56-19100Y; and amending WAC 220-56-124.

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 Hoodsport Hatchery has met its chinook egg take goal for 1997. These rules allow for the take and retention of surplus hatchery chinook salmon currently arriving at the Hoodsport Hatchery. These fish are harvestable and removal will reduce the need to discard salmon carcasses. There is insufficient time to promulgate permanent rules as the run will be largely over by mid-October.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

September 17, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-56-12400C Hoodsport Hatchery chinook opening Notwithstanding the provisions of WAC 220-56-124 effective immediately and through October 15, 1997, it is unlawful to take, fish for, or possess salmon for personal use in those waters of Catch Record Card Area 12 within a 2000 foot arc seaward of yellow buoys at the mouth of Finch Creek at the Hoodsport Salmon Hatchery except as provided for in this section:

(1) These waters are open to salmon angling regardless of the status of the surrounding waters of Area 12.

(2) Special daily limit of 4 salmon only two of which may be Chinook. Chum salmon may not be retained.

(3) It is unlawful to fish for salmon between the hours, 8:00 p.m. to 6:00 a.m. each day during the period October 1, 1997 through October 15, 1997.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 11:59 p.m. October 15, 1997.

WAC 220-56-12400C Hoodsport Hatchery chinook opening.

The following section of the Washington Administrative Code is repealed effective 11:59 p.m. September 30, 1997.