08-21-090

WSR 08-21-090

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-269 -- Filed October 14, 2008, 4:35 p.m. , effective October 15, 2008 ]

     Effective Date of Rule: October 15, 2008.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100U and 220-47-41100Y; 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: Harvestable numbers of chum are available to start a seven-day week commercial purse seine and gill net fishery in Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 14, 2008.

J. P. Koenings

Director

NEW SECTION
WAC 220-47-31100U   Purse seine -- Open periods.   Notwithstanding the provisions of WAC 220-47-311, effective October 15 through November 14, 2008, it is permissible to take, fish for, or possess salmon taken for commercial purposes in Puget Sound Management and Catch Reporting Areas 7 and 7A. Unless otherwise amended, all other permanent rules remain in effect.

AREA	TIME		DATE
7, 7A:
	7 AM - 6 PM	-	10/15, 10/16, 10/17, 10/18, 10/19, 10/20, 10/21, 10/22, 10/23, 10/24, 10/25, 10/26, 10/27, 10/28, 10/29, 10/30, 10/31
	7 AM - 5 PM	-	11/1, 11/2, 11/3, 11/4, 11/5, 11/6, 11/7, 11/8, 11/9, 11/10, 11/11, 11/12, 11/13, 11/14

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NEW SECTION
WAC 220-47-41100Y   Gill net -- Open periods.   Notwithstanding the provisions of WAC 220-47-411, effective October 15 through November 14, 2008, it is permissible to take, fish for, or possess salmon taken for commercial purposes in Puget Sound Management and Catch Reporting Areas 7 and 7A. Unless otherwise amended, all other permanent rules remain in effect.

AREA	TIME			DATE
7, 7A:	7AM	-	Midnight; use of recovery box required and 45-minute soak times required	10/15, 10/16, 10/17 10/18
	7AM	-	Midnight	10/19 10/20, 10/21, 10/22, 10/23, 10/24, 10/25, 10/26, 10/27, 10/28, 10/29, 10/30, 10/31, 11/1, 11/2, 11/3, 11/4, 11/5, 11/6, 11/7, 11/8, 11/9, 11/10, 11/11, 11/12, 11/13, 11/14

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REPEALER

     The following sections of the Washington Administrative Code are repealed effective November 15, 2008:

WAC 220-47-31100U	Purse seine -- Open periods.
WAC 220-47-41100Y	Gill net -- Open periods.