WSR 98-24-018
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 98-240--Filed November 20, 1998, 4:40 p.m., effective November 22, 1998, 12:01 a.m.]
Date of Adoption: November 20, 1998.
Purpose: Commercial fishing regulations.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-910.
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: Openings in Area 7B provide opportunity to harvest chum salmon destined for the Nooksack-Samish region; the preseason schedule has been modified to avoid greatly exceeding the nontreaty share relative to the inseason run size update of 190,000 - 139% above preseason forecast. Openings in Area 8 provide opportunity to harvest the nontreaty allocation of chum salmon destined for the Skagit region, per the preseason schedule relative to the inseason update of 150,000 - 18% below forecast. 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. Area 8D is closed to ensure escapements of chum salmon to the Tulalip hatchery. 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 adopted schedule relative to the inseason update of 550,000 chum - 14% above preseason forecast. Scheduled openings in Area 12C have been canceled as the nontreaty chum share has been attained for the Hood Canal region. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.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: November 22, 1998, 12:01 a.m.
November 20, 1998
Larry W. Peck
Acting Director
NEW SECTION
WAC 220-47-911 Puget Sound all-citizen commercial salmon fishery. Notwithstanding the provisions of Chapter 220-47 WAC, effective 12:01 a.m. Sunday November 22, 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 6 1/4-inch minimum mesh and purse seines using the 5-inch strip may fish from 6:00 a.m. Monday November 23, 1998 until 4:00 p.m. Wednesday November 25, 1998, from 6:00 a.m. Monday November 30, 1998 until 4:00 p.m. Thursday December 3, 1998, and from 6:00 a.m. Monday December 7, 1998 until 4:00 p.m. Thursday December 10, 1998.
.* AREA 8 - Purse seines using the 5-inch strip may fish from 7:00 a.m. to 5:00 p.m. Monday November 23, 1998. Gillnets using 6 1/4-inch minimum mesh may fish from 7:00 a.m. to 5:00 p.m. Tuesday November 24, 1998.
.* AREA 8A - Gillnets using 6 1/4-inch minimum mesh may fish from 7:00 a.m. to 5:00 p.m. daily, Monday November 23, 1998, Tuesday November 24, 1998, Wednesday November 25, 1998, Wednesday December 2, 1998 and Thursday December 3, 1998. Purse seines using the 5-inch strip may fish from 7:00 a.m. to 5:00 p.m. daily, Monday November 23, 1998, Tuesday November 24, 1998, Wednesday November 25, 1998, Monday November 30, 1998 and Tuesday December 1, 1998.
.* AREAS 10 AND 11 - Purse seines using the 5-inch strip may fish from 7:00 a.m. to 5:00 p.m. Monday November 23, 1998. Gillnets using 6 1/4-inch minimum mesh may fish from 4:00 p.m. Monday November 23, 1998 to 8:00 a.m. Tuesday November 24, 1998.
.* Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7, 7A, 7C, 7D, 7E, 8A, 9, 9A, 10A, 10C, 10D, 10E, 10F, 10G, 11A, 12, 12B, 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.
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REPEALER
The following section of the Washington Administrative Code is repealed effective 12:01 a.m. Sunday November 22, 1998:
WAC 220-47-910 Puget Sound all-citizen commercial salmon fishery. (98-235)