WSR 01-22-083

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-251 -- Filed November 2, 2001, 4:40 p.m. ]

Date of Adoption: November 2, 2001.

Purpose: Amend commercial fishing rules.

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: In-season catch estimates indicate that the harvestable share of Hood Canal chum salmon may be taken with one more day of fishing for each gear type given current level of expected run size. Closing the scheduled second day of fishing this week in Area 12 and 12B that is currently included in permanent regulations will allow further evaluation of run size and total catch before any additional openings occur. The reduction of fishing time in Area 7B from five days a week to two days a week will also allow further evaluation of run size and total catch in that area as well. Last year, the escapement goal for chum salmon in the Nooksack River was not attained, and there is heightened concern that this situation not be repeated in 2001, so a conservative management approach is warranted. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

November 2, 2001

Jim Lux

for Jeff Koenings

Director


NEW SECTION
WAC 220-47-804   Puget Sound all-citizen commercial salmon fishery.   Notwithstanding the provisions of Chapter 220-47 WAC, effective 11:59 P.M. November 2, 2001 until further notice, it is unlawful to take, fish for, or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 12, 12B, and 7B except in accordance with the following open periods, gears, mesh size, and species restrictions:


Area 12 and 12B: Open as follows:

Purse Seine - Open to purse seines using the 5-inch strip on the following days and hours:

Monday, November 5, 2001 from 6:00 A.M. to 5:00 P.M.,

Tuesday, November 13, 2001 from 7:00 A.M. to 5:00 P.M.

Gill nets - Open to gill nets using 6 1/4 inch minimum mesh on the following days and hours:

Tuesday, November 6, 2001 from 7:00 A.M. to 8:00 P.M.

Monday, November 12, 2001 from 7:00 A.M. to 8:00 P.M..

It is unlawful to retain chinook salmon taken with purse seine gear in Areas 12 and 12B, and any chinook salmon caught with purse seine gear must be released immediately.


Area 7B: Open as follows:

Purse Seine and Gill Net - Open to purse seines using the 5-inch strip and open to gill nets using 6 1/4 minimum mesh on the following days and hours:

From 12:00 NOON Wednesday, November 7, 2001 to 12:00 NOON Friday, November 9, 2001.

From 12:00 NOON Wednesday, November 14, 2001 to 12:00 NOON Friday, November 16, 2001.

From 12:00 NOON Wednesday, November 21, 2001 to 12:00 NOON Friday, November 23, 2001.

From 12:00 NOON Wednesday, November 28, 2001 to 12:00 NOON Friday, November 30, 2001.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office