WSR 01-22-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-244 -- Filed October 26, 2001, 2:25 p.m. , effective October 29, 2001, 7:00 a.m. ]

Date of Adoption: October 25, 2001.

Purpose: Amend commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-802.

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: An in-season update of coho runsize by the Point No Point Treaty Council indicates that the terminal run could be 2.16 times greater than the preseason forecast. Strong catches of high quality coho continue with small encounters of chum salmon in Dungeness Bay. All chum salmon will be released. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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, 2001, 7:00 a.m.

October 25, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-802   Puget Sound all-citizen commercial salmon fishery.   Notwithstanding the provisions of Chapter 220-47 WAC, effective 7:00 a.m. October 29, 2001, it is unlawful to fish for or possess salmon taken for commercial purposes from the waters of Dungeness Bay (Area 6D) except as provided for in this section:

Area 6D: Open to skiff gill nets only using 5 inch minimum and 5 1/2 inch maximum mesh from 7:00 a.m. to 5:00 p.m. on the following dates: 10/29, 10/30, 10/31, 11/1, 11/2.

In Area 6D, it is unlawful to retain chinook or chum salmon at any time. Salmon that are unlawful to retain must be removed from the net by cutting the meshes ensnaring the fish. Area 6D is closed to commercial salmon fishing within 1/4 mile of each mouth of the Dungeness River.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 5:01 p.m. November 2, 2001:


WAC 220-47-802 Puget Sound all-citizen commercial salmon fishery.

Washington State Code Reviser's Office