WSR 16-12-096
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-127—Filed May 31, 2016, 2:24 p.m., effective June 1, 2016]
Effective Date of Rule: June 1, 2016.
Purpose: Amend recreational fishing rules for Puget Sound.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-62100C and 220-56-51000C; and amending WAC 232-28-621 and 220-56-510.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, 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: Endangered Species Act (ESA) coverage for Chinook and steelhead impacts expired April 30, 2016. This emergency rule modifies salmon fisheries to ensure compliance with ESA take and coverage for Chinook and steelhead until a permit is approved. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 31, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 232-28-62100D Puget Sound salmonSaltwater seasons and daily limits.
Notwithstanding the provisions of WAC 232-28-621, effective immediately until further notice, it is unlawful to fish for salmon in Marine Area 8-2 (including Tulalip Terminal Area Fishery), Marine Area 10, Marine Area 11, Marine Area 13, and year-round piers (Marine Areas 9, 10, 11, and 13). Unless otherwise amended, all permanent rules remain in effect.
[NEW SECTION]
WAC 220-56-51000D Game fish possession limits and size limits.
Notwithstanding the provisions of WAC 220-56-510, effective immediately until further notice, it is unlawful to retain steelhead in Marine Areas 6, 7, 8-1, 8-2, 9, 10, 11, 12, and 13. Unless otherwise amended, all permanent rules remain in effect.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 232-28-62100C
Puget Sound salmonSaltwater seasons and daily limits. (16-89)
WAC 220-56-51000C
Game fish possession limits and size limits. (16-89)