WSR 03-24-021

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-294 -- Filed November 21, 2003, 3:06 p.m. , effective November 21, 2003, 6:01 p.m. ]

Date of Adoption: November 21, 2003.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100R and 220-47-41100S; 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 opens Area 8 for one additional day of purse seine and gill net fishing and opens Area 7B to gill nets continuously through the end of the season. It also adds three days of gill net fishing in Areas 10 and 11 and changes the days open for purse seine gear to Monday and Tuesday in Areas 8A and 12C. This action also continues the change of days and time period fished in Area 8A for gill nets to daylight fishing to address fishers concerns and accommodate the treaty fishing schedule. Harvestable numbers of chum remain on the nontreaty share in these areas. Finally, this action closes Area 8D to purse seine and gill net gear to ensure egg take goal is met at the Tulalip Hatchery. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 21, 2003, 6:01 p.m.

November 21, 2003

Jim Lux

for Jeff Koenings

Director


NEW SECTION
WAC 220-47-31100S   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 purse seine gear, for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 8, 8A, 8D, 10, 11, and 12C 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
8 7:00 AM - 5:00 PM 11/25
8A 7:00 AM - 5:00 PM 11/24, 11/25
8D Closed
12C 7:00 AM - 5:00 PM 11/24, 11/25

[]


NEW SECTION
WAC 220-47-41100T   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 8, 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 7B, 8, 8A, 8D, 10, 11 and 12C 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
7B: Continuous thru - 4PM 12/5 6 1/4"
8: 7AM - 6PM 11/25 6 1/4"
8A: 7AM - 6PM 11/24, 11/25, 11/26, 11/28 6 1/4"
8D: Closed
10, 11: 4PM - 8AM NIGHTLY 11/23, 11/25, 11/27
12C 7AM - 6PM 11/25 6 1/4"

[]


REPEALER

The following sections of the Washington Administrative Code are repealed effective 6:01 p.m. November 21, 1002:


WAC 220-47-31100R Purse seine -- Open periods. (03-292)
WAC 220-47-41100S Gill nets--Open periods. (03-292)

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.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office