WSR 03-21-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-257 -- Filed October 3, 2003, 4:09 p.m. ]

     Date of Adoption: October 3, 2003.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-50100G and 220-47-50100H; and amending WAC 220-47-501.

     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: This action implements the limited participation purse seine fishery in Area 8A as agreed to during the North of Falcon preseason fishery planning process. The boats selected for the fishery were not confirmed until it was too late to use the permanent rules process.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

October 3, 2003

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-47-50100H   Puget Sound all-citizen commercial salmon fishery.   Notwithstanding the provisions of Chapter 220-47 WAC, effective immediately 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 except in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect:


Area 6D:

     Skiff Gill Nets - (a) Open to skiff gill nets using 5-inch minimum and 5 1/2-inch maximum mesh from 7:00 a.m. to 7:00 p.m. on the following dates: 10/3, 10/6, 10/7, 10/8, 10/9, 10/10

     (b) It is unlawful to retain chinook or pink salmon taken in Area 6D at any time, or any chum salmon taken in Area 6D prior to October 16. Any chinook, chum or pink salmon required to be released, must be removed from the net by cutting the meshes ensnaring the fish.


Areas 7 and 7A:

     Reef Nets - Open to reef net gear according to the times, dates, and conditions as prescribed and listed here:


TIME DATES
7:00 a.m. to 7:00 p.m. Daily October 3 through October 15

     It is unlawful to retain chinook and sockeye salmon.


Areas 7B except the waters south of a line from the western tip of Governors Point to Vendovi Island light on the east side of Vendovi Island are open to the following fishing gears under the conditions identified:

     Purse Seines - Open to purse seines using the 5-inch strip during the following hours and dates, provided it is unlawful to retain sockeye salmon, and any sockeye salmon caught must be released immediately.


Time Dates
24 hours per day through 7:00 p.m. October 25

     Gill Nets - Open to gill nets as follows:

Mesh Size Hours Dates
5" minimum 24 hours per day through 4:00 p.m. October 25

Areas 8A:

     Purse Seines - (a) Open only to the purse seine vessels POLARLAND and ESPERANZA from 7:00 a.m. to 7:00 p.m. Monday, October 6, 2003.

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

     Gill Nets - Open to gill nets as follows:

Mesh Size Hours Dates
5" minimum 6:00 p.m. October 7 thru 8 a.m. October 8

Area 8D:

     Purse Seine - Open to purse seines using the 5-inch strip as follows:


Hours Dates
7:00 a.m. to 7:00 p.m. 10/6

     It is unlawful to retain chinook salmon, and any chinook salmon caught with purse seine gear must be released immediately

     Gill Nets - Open to gill nets using 5-inch minimum mesh as follows:


Hours Dates
6:00 p.m. October 5 to 8:00 a.m. October 6
6:00 p.m. October 7 to 8:00 a.m. October 8
6:00 p.m. October 9 to 8:00 a.m. October 10

Area 9A:

     Gill Nets - Open to gill nets using 5-inch minimum mesh as follows:
Hours Dates
Continuously through 4:00 p.m. October 25

All Other Saltwater and Freshwater Areas: Closed.

"Quick Reporting" Fisheries:

     All fisheries opened under this section, and any fishery openings under authority of the Fraser Panel for sockeye or pink salmon in Areas 7 and 7A are designated as "Quick Reporting Required" fisheries.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-47-50100G Puget Sound all-citizen commercial salmon fishery. (03-242)

     The following section of the Washington Administrative Code is repealed effective 11:59 p.m. October 11, 2003:


WAC 220-47-50100H Puget Sound all-citizen commercial salmon fishery.

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