WSR 01-22-017

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-247 -- Filed October 26, 2001, 3:04 p.m. , effective October 27, 2001, 12:01 a.m. ]

Date of Adoption: October 26, 2001.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-803.

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: United States/Canada agreements regarding chum fisheries stipulate that in order for a full fleet United States commercial fishery to take place in Areas 7 and 7A, two prior conditions must occur. First, the Fraser River chum run size must be forecast at or above three million, and second, the Canadian commercial catch of chum must reach 295,000. On October 23, 2001, Canada Department of Fisheries and Oceans updated the chum run size through their Johnstone Strait test fishery and identified the expected return as being 2.6 million. This is well short of the abundance required to allow a significant fishery in Areas 7 and 7A. Therefore, the chum fishery in Areas 7 and 7A must remain closed for purse seines and gill nets until the above two conditions are met. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 27, 2001, 12:01 a.m.

October 26, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-803   Puget Sound all-citizen commercial salmon fishery.   Notwithstanding the provisions of Chapter 220-47 WAC, effective 12:01 a.m. Saturday, October 27, 2001 until further notice, it is unlawful to take, fish for, or possess salmon taken for commercial purposes with gill net or purse seine gear in Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A.

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Washington State Code Reviser's Office