WSR 98-19-004
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 98-183--Filed September 4, 1998, 7:42 a.m., effective September 6, 1998, 12:01 a.m.]
Date of Adoption: September 3, 1998.
Purpose: Commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-902.
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: Scheduled openings in Areas 7 and 7A are cancelled consistent with United States/Canada agreements to reduce impacts to Thompson River-origin coho. PFMC/North of Falcon preseason agreements were to begin fishery following relinquishment of control of areas by Fraser River Panel of the Pacific Salmon Commission, which has not occurred. Openings in Area 7B provide opportunity to harvest the nontreaty allocation of coho salmon destined for the Nooksack-Samish region, per the preseason schedule. The gillnet mesh size restriction and area restriction are necessary to reduce nontreaty chinook harvest rates relative to the nontreaty chinook allocation. Openings in Area 12A provide opportunity to selectively harvest the non-treaty 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 the purse seine chinook nonretention requirement are consistent with agreements reached during the Pacific Fishery Management Council - North of Falcon preseason process.
All other Puget Sound areas are closed to prevent overharvest of local salmon stocks.
An emergency exists in that there is insufficient time to promulgate permanent rules before the fish have [been] removed 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 1.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 6, 1998, 12:01 a.m.
September 3, 1998
Larry W. Peck
for Bern Shanks
Director
NEW SECTION
WAC 220-47-903 Puget Sound all-citizen commercial salmon fishery. Notwithstanding the provisions of Chapter 220-47 WAC, effective 12:01 a.m. Sunday September 6, 1998 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. Tuesday September 8, 1998 to 4:00 p.m. Friday September 11, 1998. In addition to the exclusion zones described in WAC 220-47-307, Area 7B is closed south and east of a line projected from Governors Point to the most northerly point of Vendovi Island.
.* AREA 12A - Holders of Quilcene Bay salmon beach seines Experimental Fishery Permits may fish 7:00 a.m. to 7:00 p.m. daily:
Monday September 7, 1998 through Friday September 11, 1998 Monday September 14, 1998 through Friday September 18, 1998 Monday September 21, 1998 through Friday September 25, 1998 Monday September 28, 1998 through Friday October 2, 1998 Monday October 5, 1998 through Friday October 9, 1998
All provisions of WAC 220-47-427 apply. Beach seines may not retain chum salmon.
.* Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7, 7A, 7C, 7D, 7E, 8, 8A, 8D, 9, 9A, 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.
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REPEALER
The following section of the Washington Administrative Code is repealed effective 12:01 a.m. Sunday September 6, 1998:
WAC 220-47-902 Puget Sound all-citizen commercial salmon fishery. (98-175)