WSR 03-23-008

EMERGENCY RULES

DEPARTMENT OF

     FISH AND WILDLIFE

[ Order 03-284 -- Filed November 7, 2003, 4:35 p.m. , effective November 7, 2003, 5:01 p.m. ]

     Date of Adoption: November 7, 2003.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100N and 220-47-41100P; 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: This action adds five extra days in Areas 7 and 7A during the week of November 8 through November 15. These days are needed to help compensate for the low fishing effort experienced the first weeks of the fisheries and allow for full utilization of the nontreaty chum allocation in these areas. The current estimate of total catch in Areas 7 and 7A is near 26,000 and this is from an allocation of 75,000. An additional day is provided for purse seines and gill nets in Area 8 because the run size has been updated providing a nontreaty share of 30,000 vs. 5,000 preseason. This action also changes the days and time period fished in Area 8A to daylight fishing to address fishers concerns and accommodate the treaty fishing schedule. Finally, this emergency rule adds one day of purse seine fishing in Areas 10, 11, 12, and 12B. This is based on the in-season run size updates that show significantly more chum salmon returning to these areas. The Hood Canal run size has been updated to 900,000 vs. the pre-season-forecast of 340,000 and the South Puget Sound run size has been updated to 638,000 from the 448,000 preseason forecast. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.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.
     Effective Date of Rule: November 7, 2003, 5:01 p.m.

November 7, 2003

J. P. Koenings

Director


NEW SECTION
WAC 220-47-31100P   Purse seine -- Open periods.   Notwithstanding the provisions of WAC 220-47-311, effective immediately until further notice, it is unlawful to take, fish for or possess salmon taken with gill net gear, for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A 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 Time Date
7, 7A 7:00 AM - 5:00 PM 11/10, 11/11, 11/12, 11/13, 11/14
8 7:00 AM - 5:00 PM 11/13
10/11 7:00 AM - 5:00 PM 11/10, 11/12
12/12B 7:00 AM - 5:00 PM 11/10, 11/12
12C 7:00 AM - 5:00 PM 11/12

[]


NEW SECTION
WAC 220-47-41100Q   Gill net -- Open periods.   Notwithstanding the provisions of WAC 220-47-411, effective immediately until further notice, it is unlawful to take, fish for or possess salmon taken with gill net gear, for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 8A, 10, 11, 12 and 12B unless the gill net license holder provides the department with 24-hour notice prior to each day of fishing. The daily fishing notice to the department must include the gill net license holder's name, telephone number where they can be contacted and the area they will be fishing. The notice must be given by one of the following three means:

     (a) Fax transmission to 360-902-2949;

     (b) E-mail to psfishtickets@dfw.wa.gov; or

     (c) Toll-free telephone call to 1-866-791-1279

     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 7, 7A and 8A 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 TIME - DATE(S) MINIMUM MESH
7, 7A: 7AM - 7PM 11/7, 11/10, 11/11, 11/12, 11/13, 11/14 6 1/4"
8 7AM - 5PM 11/13 6 1/4"
8A: 7AM - 7PM 11/11, 11/13, 11/14 6 1/4"
8A 4PM - 8AM NIGHTLY 11/16, 11/18, 11/20, 11/24, 11/25, 11/26, 11/27 6 1/4"
12C: 7AM - 7PM 11/11 6 1/4"

[]


REPEALER


     The following sections of the Washington Administrative Code are repealed effective 5:01 p.m. November 7, 2003:


WAC 220-47-31100N Purse seine -- Open periods. (03-283)
WAC 220-47-41100P Gill nets -- Open periods. (03-283)

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