WSR 13-21-071
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 13-273—Filed October 16, 2013, 4:10 p.m., effective October 16, 2013, 4:10 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100D and 220-47-41100V; and amending WAC 220-47-311 and 220-47-411.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 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 modifies fishing schedules for Salmon Management and Catch Reporting Areas 7 and 7A per agreement with tribal comanagers. Preseason agreements stipulated that the nontreaty fishery would be closed on October 17 if the chum catch was between 15,000 and 25,000 fish. Actual catch is estimated to be approximately 20,000 fish. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 16, 2013.
Joe Stohr
for Philip Anderson
Director
NEW SECTION
WAC 220-47-31100D Purse seine—Open periods.
Notwithstanding the provisions of WAC 220-47-311, effective October 17, 2013, it is unlawful to take, fish for, or possess salmon for commercial purposes taken with purse seine gear in Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A. Unless otherwise amended, all permanent rules remain in effect.
NEW SECTION
WAC 220-47-41100V Gillnet—Open periods.
Notwithstanding the provisions of WAC 220-47-411, effective October 17, 2013, it is unlawful to take, fish for, or possess salmon for commercial purposes taken with gillnet gear in Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A. Unless otherwise amended, all permanent rules remain in effect.
REPEALER
The following sections of the Washington Administrative Code are repealed effective 12:01 a.m. October 18, 2013:
WAC 220-47-31100D
Purse seine—Open periods.
WAC 220-47-41100V
Gillnet—Open periods.