WSR 98-22-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-220--Filed October 21, 1998, 3:20 p.m.]

Date of Adoption: October 20, 1998.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-40-02700S; and amending WAC 220-40-027.

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: An inseason assessment indicates harvestable numbers of chum salmon exist based on a larger than predicted return of chum salmon. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

October 20, 1998

Evan Jacoby

for Larry Peck

Acting Director

NEW SECTION

WAC 220-40-02700S  Salmon--Willapa Bay fall fishery. Notwithstanding the provisions of WAC 220-40-027 and WAC 220-40-015, effective immediately it is unlawful to fish for or possess salmon taken for commercial purposes from the waters of Willapa Bay except as provided for in this section.

Open fishing period

(1) Open 6:00 p.m. October 21 to 6:00 p.m. October 22, 1998 in that portion of Salmon Management and Catch Reporting Area 2G east of a line drawn true north-south through Willapa Channel Entrance Buoy 12.

(2) Gill net gear shall be used as provided in WAC 220-40-015, except that the maximum mesh size from October 21 through October 22, 1998 is 6 1/2 inches.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 6:01 p.m. October 22, 1998:

WAC 220-40-02700S Salmon--Willapa Bay fall fishery.