WSR 11-19-095

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-248 -- Filed September 20, 2011, 1:51 p.m. , effective September 20, 2011, 1:51 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-40100G; and amending WAC 220-47-401.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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: The Fraser River Panel has relinquished control of Puget Sound Salmon Management and Catch Reporting Area 7. Surplus hatchery coho salmon are available for harvest. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 20, 2011.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 220-47-40100G   Reef net -- Open periods.   (1) Notwithstanding the provisions of WAC 220-47-401, it is unlawful to take, fish for, or possess salmon taken with reef net gear for commercial purposes from Puget Sound Salmon Management and Catch Reporting Area 7, except from September 25 through October 1, 2011, from 5:00 a.m. to 9:00 p.m. each day.

(2) It is unlawful to retain unmarked Chinook, unmarked coho, sockeye, and pink salmon. It is unlawful to retain chum prior to October 1, 2011. It is unlawful to retain marked Chinook after September 30, 2011.

(3) Marked Chinook may only be retained if the reef net operator is in immediate possession of a Puget Sound Reef Net Logbook.

(4) It is unlawful to fish for salmon with reef net gear in Area 7 unless the vessel operator has attended a "Fish Friendly" best-fishing-practices workshop and is in immediate possession of a department-issued certification card.

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REPEALER


The following section of the Washington Administrative Code is repealed, effective October 2, 2011:


WAC 220-47-40100G Reef net -- Open periods.

Washington State Code Reviser's Office