WSR 03-24-037

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-295 -- Filed November 25, 2003, 4:56 p.m. ]

     Date of Adoption: November 24, 2003.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-41100T; and amending WAC 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 regulation reduces the number of days open for gill nets in Areas 10 and 11 based on state/tribal agreement and is necessary to reduce potential impacts on Nisqually chum. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 24, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-41100U   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 11/25
12C 7AM - 6PM 11/25 6 1/4"

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-47-41100T Gill nets -- Open periods. (03-294)

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