WSR 98-20-018
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 98-204--Filed September 25, 1998, 1:42 p.m., effective September 27, 1998, 12:01 a.m.]
Date of Adoption: September 25, 1998.
Purpose: Commercial fishing regulations.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-905.
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: Consistent with United States/Canada agreements to reduce impacts to Thompson River-origin coho, scheduled coho-directed openings in Areas 7 and 7A were canceled and coho may not be retained during chum-directed reef net fisheries. Chum are expected to be available to Area 7/7A reef net fishery at this time, and openings are consistent with United States/Canada Treaty Chum Annex. Openings in Area 6D provide opportunity to harvest the nontreaty allocation of coho salmon destined for the Dungeness River per the preseason schedule. Openings in Area 7B provide opportunity to harvest the nontreaty allocation of coho salmon destined for the Nooksack-Samish region, per the preseason schedule. Openings in Area 8D provide opportunity to harvest the nontreaty allocation of coho destined for the Tulalip hatchery per the preseason schedule. Opening in Area 9A provides opportunity to harvest the nontreaty allocation of coho salmon destined for the Hood Canal region of origin per the preseason schedule. Openings in Area 12A provide 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 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 27, 1998, 12:01 a.m.
September 25, 1998
Larry W. Peck
Acting Director
NEW SECTION
WAC 220-47-906 Puget Sound all-citizen commercial salmon fishery. Notwithstanding the provisions of Chapter 220-47 WAC, effective 12:01 a.m. Sunday September 27, 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 6D - Skiff gillnets using 5-inch minimum mesh may fish 7:00 a.m. to 7:00 p.m. daily:
Monday September 28, 1998 through Friday October 2, 1998
Monday October 5, 1998 through Friday October 9, 1998
Monday October 12, 1998 through Friday October 16, 1998
Monday October 19, 1998 through Friday October 23, 1998
Fishers may not retain chinook or chum salmon taken in Area 6D.
.* AREAS 7 AND 7A - Reef nets may fish from 7:00 a.m. to 7:00 p.m. daily Sunday September 27, 1998 through Saturday November 14, 1998.
.* AREA 7B - Gillnets using 5-inch minimum mesh and purse seines using the 5-inch strip may fish until 11:59 p.m. Saturday October 24, 1998.
.* AREA 8D - Purse seines using the 5-inch strip may fish from 7:00 a.m. to 7:00 p.m. daily, Tuesday September 29, 1998 through Friday October 2, 1998, Monday October 5, 1998 through Thursday October 8, 1998, and Tuesday October 13, 1998 through Friday October 16, 1998. Gillnets using 5-inch minimum mesh may fish from 6:00 p.m. to 8:00 a.m. nightly, beginning Monday September 28, 1998, Tuesday September 29, 1998, Wednesday September 30, 1998, Thursday October 1, 1998, Monday October 5, 1998, Tuesday October 6, 1998, Wednesday October 7, 1998, Thursday October 8, 1998, Monday October 12, 1998, Tuesday October 13, 1998, Wednesday October 14, 1998, and Thursday October 15, 1998.
.* AREA 9A - Gillnets using 5-inch minimum mesh may fish until 4:00 p.m. Saturday October 31, 1998.
.* 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 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, 7C, 7D, 7E, 8, 8A, 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.
.* Reef nets may not retain chinook or coho salmon.
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REPEALER
The following section of the Washington Administrative Code is repealed effective 12:01 a.m. Sunday September 27, 1998:
WAC 220-47-905 Puget Sound all-citizen commercial salmon fishery. (98-195)