WSR 06-13-044

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-143 -- Filed June 15, 2006, 4:23 p.m. , effective June 15, 2006 ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

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

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: There is not enough fish left in the early season quota for the fishery to remain open. These rules are adopted at the recommendation of the Pacific Fisheries Management Council, in accordance with preseason fishing plans. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 15, 2006.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-24-04000A   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 during the seasons 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:

June 27 through June 30, 2006;

July 15 through July 18, 2006;

July 22 through July 25, 2006;

July 29 through August 1, 2006;

August 5 through August 7, 2006;

August 12 through August 14, 2006;

August 19 through August 21, 2006;

August 26 through August 28, 2006;

September 2 through September 4, 2006;

September 9 through September 11, 2006;

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

(3) Landing and possession limit of 20 chinook per boat per entire open period for opening from June 27 through June 30.

(4) Landing and possession limit of 35 chinook and 35 marked coho per boat per entire open period for opening from July 15 through August 1. Landing and possession limit of 30 chinook and 40 marked coho per boat per entire open period for opening from August 5 through September 15. Chum retention is not allowed north of Cape Alava during August and September.

Minimum size for chinook salmon is 28 inches in length. No minimum size for pink, sockeye or chum salmon. It is unlawful to possess coho salmon during openings in June. For openings beginning July 15 all retained coho must have a healed adipose fin clip.

(5) For the June 27 through 30 opening, lawful troll gear is restricted to all legal troll gear with single point, single shank barbless hooks. For the July 15 through September 15 openings, lawful troll gear is restricted to 6 inch plugs or longer with single point, single shank barbless hooks.

(6) Fishers must land and deliver their catch within 24 hours of any closure of a fishery provided for in this section, and 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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REPEALER

     The following section of the Washington Administrative Code is repealed:
220-24-04000Z All-citizen commercial salmon troll. (06-87)

Washington State Code Reviser's Office