FISH AND WILDLIFE
Effective Date of Rule: Immediately.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-50100W; and amending WAC 220-47-501.
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 opens sockeye fishing in Areas 7 and 7A. This regulation also enacts permanent regulation changes arising from North of Falcon agreements made by comanagers. The permanent regulation change package has been filed with the code reviser's office under expedited rule procedures, but the permanent regulation changes are not yet in effect. These emergency rules are necessary to initiate fisheries, which are scheduled to commence before those permanent rules will become effective. These fisheries are not expected to exceed chinook by-catch levels modeled during the preseason process. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 1, 2006.
J. P. Koenings
Purse Seines - Open to purse seine gear according to the times, dates, and conditions as prescribed and listed here:
|8:00 a.m. to 11:00 a.m. - Recovery box required.||September 6|
(ii) It is unlawful to bring salmon aboard a vessel unless all salmon captured in the seine net are removed from the seine net using a brailer or dip net, meeting the specifications in WAC 22-47-325, prior to the seine net being removed from the water, except all salmon must be immediately sorted and those required to be released, must be placed in an operating recovery box or released into the water before the next brail may be brought on the deck. However, small numbers of fish may be brought on board the vessel by pulling the net in without mechanical or hydraulic assistance.
(iii) It is unlawful to fish for salmon with purse seine gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in possession of a department issued certification card.
Areas 7 and 7A:
Gill Nets - Open to gill net gear with 5 inch minimum and 5 1/2 in maximum mesh size according to the times, dates, and conditions as prescribed and listed here:
|3:00 p.m. to 11:00 p.m.||September 6|
Reef Nets - Open to reef net gear according to the times, dates, and conditions as prescribed and listed here:
|5:00 a.m. to 9:00 p.m.||September 6|
Gill Nets - Open to gill nets using 5-inch minimum mesh as follows:
7:00 a.m. September 1 through 8:00 p.m. October 28
It is unlawful to retain chum salmon in Area 9A prior to October 1 and unlawful to retain Chinook salmon at any time. Any salmon not to be retained must be released from the net by cutting the meshes ensnaring the fish.
All Other Saltwater and Freshwater Areas: Closed.
"Quick Reporting" Fisheries:
All fisheries opened under this section, and any fishery openings under authority of the Fraser Panel for sockeye or pink salmon in Areas 7 and 7A are designated as "Quick Reporting Required" fisheries.
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.
The following section of the Washington Administrative Code is repealed:
|WAC 220-47-50100W||Puget Sound all-citizen commercial salmon fishery. (06-227)|