WSR 98-21-045

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-217--Filed October 15, 1998, 8:32 a.m., effective October 18, 1998, 12:01 a.m.]

Date of Adoption: October 14, 1998.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-906.

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 purse seine and gillnet chum-directed openings in Areas 7 and 7A were postponed until the week of November 1, 1998. Area 7/7A reef net openings are consistent with United States/Canada Treaty Chum Annex, and coho nonretention is consistent with United States/Canada 1998 agreement. 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 and chum salmon destined for the Nooksack-Samish region, per the preseason schedule. Openings in Area 8 provide opportunity to harvest the nontreaty allocation of chum salmon destined for the Skagit region, per the preseason schedule. Openings in Area 8A provide opportunity to harvest the nontreaty allocation of chum salmon destined for the Stillaguamish-Snohomish region of origin, 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 Areas 10 and 11 provide opportunity to harvest the nontreaty allocation of chum salmon in the south Puget Sound region of origin, per the preseason schedule. Openings in Areas 12 and 12B provide opportunity to harvest the nontreaty allocation of chum salmon destined for the Hood Canal region of origin, per the preseason schedule. These openings and the purse seine and reef net 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: October 18, 1998, 12:01 a.m.

October 14, 1998

Mike Kuttel

for Larry Peck

Acting Director

NEW SECTION

WAC 220-47-907  Puget Sound all-citizen commercial salmon fishery. Notwithstanding the provisions of Chapter 220-47 WAC, effective 12:01 a.m. Sunday October 18, 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 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 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. Gillnets using 6 1/4-inch minimum mesh and purse seines using the 5-inch strip may fish from 11:59 p.m. Saturday October 24, 1998 until 11:59 p.m. Saturday October 31, 1998.

.* AREA 8 - Purse seines using the 5-inch strip may fish from 7:00 a.m. to 6:00 p.m. Monday October 26, 1998. Gillnets using 6 1/4-inch minimum mesh may fish from 7:00 a.m. to 6:00 p.m. Tuesday October 27, 1998.

.* AREA 8A - Gillnets using 6 1/4-inch minimum mesh may fish from 7:00 a.m. to 7:00 p.m. daily, Monday October 19, 1998 and Tuesday October 20, 1998, and may fish from 7:00 a.m. to 6:00 p.m. daily, Wednesday October 28, 1998 and Thursday October 29, 1998. Purse seines using the 5-inch strip may fish from 7:00 a.m. to 6:00 p.m. daily, Wednesday October 21, 1998, Thursday October 22, 1998, Monday October 26, 1998 and Tuesday October 27, 1998.

.* AREA 8D - Gillnets using 5-inch minimum mesh may fish from 7:00 a.m. to 7:00 p.m. daily, Monday October 19, 1998 and Tuesday October 20, 1998, and may fish from 7:00 a.m. to 6:00 p.m. daily, Wednesday October 28, 1998 and Thursday October 29, 1998. Purse seines using the 5-inch strip may fish from 7:00 a.m. to 6:00 p.m. daily, Wednesday October 21, 1998, Thursday October 22, 1998, Monday October 26, 1998 and Tuesday October 27, 1998.

.* AREA 9A - Gillnets using 5-inch minimum mesh may fish until 4:00 p.m. Saturday October 31, 1998.

.* AREAS 10 AND 11 - Purse seines using the 5-inch strip may fish from 7:00 a.m. to 6:00 p.m. Monday October 26, 1998. Gillnets using 6 1/4-inch minimum mesh may fish from 5:00 p.m. Monday October 26, 1998 to 8:00 a.m. Tuesday October 27, 1998.

.* AREAS 12 AND 12B - Gillnets using 6 1/4-inch minimum mesh may fish from 7:00 a.m. to 7:00 p.m. Monday October 19, 1998 and may fish from 7:00 a.m. to 6:00 p.m. Tuesday October 27, 1998. Purse seines using the 5-inch strip may fish from 7:00 a.m. to 6:00 p.m. daily, Tuesday October 20 and Monday October 26, 1998.

.* Areas 4B, 5, 6, 6A, 6B, 6C, 7C, 7D, 7E, 9, 10A, 10C, 10D, 10E, 10F, 10G, 11A, 12A, 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 October 18, 1998:

WAC 220-47-906 Puget Sound all-citizen commercial salmon fishery. (98-204)