EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: October 26, 2000.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-708.
Statutory Authority for Adoption: RCW 77.12.047.
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: The above Puget Sound purse seine, gill net, and reef net openings are part of the final agreements reached at the April 7, 2000, meeting of the Pacific Fishery Management Council (PFMC) in Portland, Oregon. Those agreements were drafted into regulatory format and filed with the Code Reviser's Office under the expedited rule-making process. An exception to the package agreed to at Portland is the reduction of the Hood Canal (Areas 12 and 12B) from two open days of fishing to one day of fishing. This adjustment in the fishing schedule has been made in response to the very low catches observed to date in Hood Canal. The catch to date in the canal is running behind the level observed in 1999 when the run size came in at only 146,000 chum.
NMFS consultation resulted in an opinion that these fishery openings are consistent with the year 2000 fishery opinion of "no jeopardy." All other rules are consistent with agreements reached at the PFMC meeting. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 29, 2000, 11:59 p.m.
October 26, 2000
Evan Jacoby
for Jeff P. Koenings
Director
Notwithstanding the provisions of Chapter 220-47 WAC, effective 11:59 p.m. Sunday, October 29 through 11:59 p.m. Saturday, November 4, 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, gears, mesh sizes, area, and species restrictions:
Areas 7 and 7A: Open as follows:
reef nets - open to reef nets daily, 7:00 A.M. through 7:00 P.M. It is unlawful to retain chinook salmon.
Area 7B: Open as follows:
gill nets - open to gill nets 6:00 A.M. Monday, October 30 through 4:00 P.M Friday, November 3. It is unlawful to use gill nets with mesh measuring less than 6 1/4 inch minimum.
purse seines - open to purse seines 6:00 A.M. Monday, October 30 through 4:00 P.M. Friday, November 3. It is unlawful for purse seines to not use the 5-inch strip.
Area 8: Open as follows:
gill nets - open to gill nets 7:00 A.M. through 8:00 P.M. Tuesday, October 31. It is unlawful to use gill nets with mesh measuring less than 6 1/4 inch minimum.
purse seines - open to purse seines 7:00 A.M. through 5:00 P.M. Monday, October 30. It is unlawful for purse seines to not use the 5-inch strip. It is unlawful for purse seines to retain chinook and coho.
Area 8A: Open as follows:
gill nets - open to gill nets 7:00 A.M. through 8:00 P.M. Thursday, November 2, and open 7:00 A.M. through 4:00 P.M. November 3. It is unlawful to use gill nets with mesh measuring less than 6 1/4 inch minimum.
purse seines - open to purse seines 7:00 A.M. through 5:00 P.M. Tuesday, October 31 and open 7:00 A.M. through 5:00 P.M. Wednesday, November 1. It is unlawful for purse seines to not use the 5-inch strip. It is unlawful for purse seines to retain chinook and coho.
Area 8D: Open as follows:
gill nets - open to gill nets 7:00 A.M. through 8:00 P.M. Thursday, November 2, and open 7:00 A.M. through 4:00 P.M. Friday, November 3. It is unlawful to use gill nets with mesh measuring less than 5 inch minimum.
purse seines - open to purse seines 7:00 A.M. through 5:00 P.M. Tuesday, October 31 and open 7:00 A.M. through 5:00 P.M. Wednesday, November 1. It is unlawful for purse seines to not use the 5-inch strip. It is unlawful for purse seines to retain chinook.
Areas 10 and 11: Open as follows:
gill nets - open to gill nets 4:00 P.M. Monday, October 30 through 8:00 A.M. Tuesday October 31 and open 4:00 P.M. Tuesday, October 31 through 8:00 A.M. Wednesday, November 1. It is unlawful to use gill nets with mesh measuring less than 6 1/4 inch minimum.
purse seines - open to purse seines 7:00 A.M. through 5:00 P.M. Monday, October 30 and open 7:00 A.M. through 5:00 P.M. Tuesday, October 31. It is unlawful for purse seines to not use the 5-inch strip. It is unlawful for purse seines to retain chinook and coho.
Areas 12 and 12B: Open as follows:
gill nets - open to gill nets 7:00 A.M. through 8:00 P.M. Tuesday, October 31. It is unlawful to use gill nets with mesh measuring less than 6 1/4 inch minimum.
purse seines - open to purse seines 7:00 A.M. through 5:00 P.M. Monday, October 30. It is unlawful for purse seines to not use the 5-inch strip. It is unlawful for purse seines to retain chinook and coho.
Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7C, 7D, 7E, 9, 9A, 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.
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The following section of the Washington Administrative Code
is repealed effective 12:01 a.m. November 5, 2000:
| WAC 220-47-708 | Puget Sound all-citizen commercial salmon fishery. |