WSR 05-17-028

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-171 -- Filed August 5, 2005, 1:22 p.m. , effective August 5, 2005 ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-24-04000X and 220-24-04000Y; and amending WAC 220-24-040.

Statutory Authority for Adoption: RCW 77.12.240.

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 is necessary for the utilization of the commercial chinook allocation in the North of Falcon troll fishery in a manner that maximizes the economic value to the commercial fishery industry and the state of Washington. These rules are adopted at the recommendation of the Pacific Fisheries Management Council. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 5, 2005.

Ronald McQueen

for Jeff Koenings

Director


NEW SECTION
WAC 220-24-04000Y   All-citizen commercial salmon troll.   Notwithstanding the provisions of WAC 220-24-040, effective immediately until further notice it is unlawful to fish for salmon with troll gear or to land salmon taken with troll gear into a Washington port except as provided for in this section:

(1) Salmon Management and Catch Reporting Areas 1, 2, 3 and that portion of Area 4 west of 12505'00" W longitude and south of 4823'00" N latitude open:

Immediately through August 7, 2005;

August 10 through August 14, 2005;

August 17 through August 21, 2005;

August 24 through August 28, 2005;

August 31 through September 4, 2005;

September 7 through September 11, 2005;

September 14 through September 15, 2005.

(2) The Cape Flattery and Columbia River Control Zones are closed.

(3) Landing and possession limit of 100 chinook per boat for each of the seven open periods provided for in this rule..

(4) Minimum size for chinook salmon is 28 inches in length. Minimum size for coho is 16 inches in length and all coho must have a healed adipose fin clip. No minimum size for pink, sockeye or chum salmon.

(5) Lawful troll gear is restricted to plugs 6 inches or longer with single point, single shank barbless hooks, except troll gear other than plugs allowed in Area 1 beginning August 10, 2005.

(6) Fishers must land and deliver their catch within 24 hours of any closure of a fishery provided for in this section, and must land and deliver within the Salmon Management and Catch Reporting Areas 1, 2, 3 or 4. Vessels fishing north of Leadbetter Point must land and deliver their fish within the area and north of Leadbetter Point. Vessels fishing south of Leadbetter Point must land and deliver their fish within the area and south of Leadbetter point.

(7) The Cape Flattery Control Zone is defined as the area from Cape Flattery (4823'00" N latitude) to the northern boundary of the U.S. EEZ: and the area from Cape Flattery south to Cape Alava, 4810'00" N latitude and west of 12505'00" W longitude.

(8) Columbia Control Zone - An area at the Columbia River mouth, bounded on the west by a line running northeast/southwest between the red lighted Buoy #4 (4613'35" N. Lat., 12406'50" W. long.) and the green lighted Buoy #7 (4615'09' N. lat., 12406'16" W. long.); on the east, by the Buoy #10 line which bears north/south at 357 true from the south jetty at 4614'00" N. lat., 12403'07" West. long. to its intersection with the north jetty; on the north, by a line running northeast/southwest between the green lighted Buoy #7 to the tip of the north jetty (4614'48" N. lat., 12405'20" W. long.) and then along the north jetty to the point of intersection with the Buoy #10 line; and, on the south, by a line running northeast/southwest between the red lighted Buoy #4 and tip of the south jetty (4614'03" N. lat., 12404'05" W. long.), and then along the south jetty to the point of intersection with the Buoy #10 line.

(9) It is unlawful to fish in Salmon Management and Catch Reporting Areas 1, 2, 3 or 4 with fish on board taken south of Cape Falcon, Oregon, and all fish taken from Salmon Management and Catch Reporting Areas 1, 2, 3, and 4 must be landed before fishing south of Cape Falcon, Oregon.

(10) It is unlawful for wholesale dealers and trollers retailing their fish to fail to report their landing by 10:00 a.m. the day following landing. Ticket information can be telephoned in by calling 1-866-791-1279 or faxing the information to (360) 902-2949 or E-mailing to trollfishtickets@dfw.wa.gov. Report the dealer name, the purchasing location, the date of purchase, the fish ticket numbers, the gear used, the catch area, the species. The total number for each species and the total weight for each species including halibut.

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Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-24-04000X All-citizen commercial salmon troll. (04-120)

The following section of the Washington Administrative code is repealed effective September 16, 2005:


WAC 220-24-04000Y All-citizen commercial salmon troll

Washington State Code Reviser's Office