WSR 02-24-007

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-289 -- Filed November 21, 2002, 4:45 p.m. ]

Date of Adoption: November 21, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100I and 220-47-41100H; and amending WAC 220-47-311 and 220-47-411.

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 seven days per week twenty-four hours per day opening in front of Whatcom Creek is intended to encourage a higher harvest rate on hatchery fish bound for the Maritime Heritage Center Hatchery. Numbers of chum salmon in excess of hatchery spawning needs have occurred at this facility in recent years, and the numbers of hatchery fish are sufficient to warrant the openings scheduled for this zone. Areas 8A and 8D are closed because the all-citizen fishery has attained its allocation share of chum salmon in these waters. The Hood Canal chum salmon return, with hatchery stock run timing, is estimated to number 856,000 this year. At this run size level, the all-citizen share is 387,000. Catches-to-date by the all-citizen fishing fleet are estimated to be 301,355, leaving an additional 86,645 fish available for harvest by all-citizen fishers. Under the court sanctioned Hood Canal salmon management plan, hatchery-timed chum salmon can be harvested in Areas 12 and 12B prior to November 21st, but harvest after that date must occur in more southerly areas. According to the Hood Canal plan, hatchery-timed chum salmon can be fished in Area 12C through November 27th. The two days of all-citizen fishing in Area 12C scheduled on November 25th and 26th are expected to result in a catch of approximately 25,000 chum salmon, well within the remaining portion of the allocation share. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 2, Amended 0, Repealed 2.

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.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: [No information supplied by agency].
Effective Date of Rule: Immediately.

November 21, 2002

Jim Lux

for Jeff Koenings

Director


NEW SECTION
WAC 220-47-31100J   Purse seine -- Open periods.   Notwithstanding the provisions of WAC 220-47-311:

(1) Effective immediately through 4:00 p.m. December 6, 2002, that portion of Area 7B east of a line from Post Point to the flashing red light at west entrance to Squalicum Harbor is open to purse seines 24 hours per day 7 days per week.

(2) Areas 8A and 8D are closed until further notice.

(3) Area 12C is open from 7:00 a.m. until 5:00 p.m. on November 25, 2002. It is unlawful to retain chinook and coho salmon taken with purse seine gear in Area 12C.

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NEW SECTION
WAC 220-47-41100I   Gill net -- Open periods.   Notwithstanding the provisions of WAC 220-47-411:

(1) Effective immediately through 4:00 p.m. December 6, 2002, that portion of Area 7B east of a line from Post Point to the flashing red light at west entrance to Squalicum Harbor is open to gill nets, using 6-1/4 inch minimum mesh, 24 hours per day 7 days per week.

(2) Areas 8A and 8D are closed until further notice.

(3) Area 12C is open to gill nets, using 6-1/4 inch minimum mesh, from 7:00 a.m. to 7:00 p.m. on November 25, 2002.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-47-31100I Purse seine -- Open periods. (02-287)
WAC 220-47-41100H Gill net -- Open periods. (02-287)

Washington State Code Reviser's Office