FISH AND WILDLIFE
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100F and 220-47-41100G; 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 regulation implements a comanager agreement to close the purse seine fishery and reduce the gill net fishery by two days in Area 8A and to close the Area 10 and 11 gill net fishery to insure that the nontreaty harvestable share is not exceeded. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 18, 2005.
for Jeff Koenings
(1) Areas 8:
Purse Seines - Open in Area 8 to the purse seine vessels using the 5-inch strip during the following hours and dates, provided it is unlawful to retain Chinook or Coho salmon, and any Chinook or Coho salmon caught must be released immediately.
7:00 a.m. to 5:00 p.m. 11/21, 11/22
(2) Areas 8A - Closed.
(3) Areas 12, 12B and 12C - Closed.
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.
WAC 220-47-41100H Gill net -- Open periods. Notwithstanding the provisions of Chapter 220-47-411 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:
(1) Area 8 open for Gill Nets using 6 1/4 inch mesh from 7:00 a.m. to 6:00 p.m. 11/21, 11/22, 11/23, 11/24, 11/25.
(2) Area 8A open for Gill Nets using 6 1/4 inch mesh from 7:00 a.m. to 6:00 p.m. 11/22, and closed on 11/24 and 11/25.
(3) Areas 10 and 11 - Closed.
(4) Areas 12, 12B and 12C - Closed
The following sections of the Washington Administrative Code are repealed effective 7:00 a.m. November 19, 2005:
|WAC 220-47-31100F||Purse seine -- Open periods. (05-262)|
|WAC 220-47-41100G||Gill net -- Open periods. (05-262)|