WSR 17-15-031
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-157—Filed July 10, 2017, 1:24 p.m., effective July 10, 2017, 1:24 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial fishing rules for Puget Sound salmon.
Citation of Existing Rules Affected by this Order: Amending WAC 220-354-200.
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: This emergency rule is needed to make changes to the criteria for the selection process by which applicants will qualify to enter the pool of eligible beach seine permit holders. There is insufficient time to adopt permanent rules before the fishery begins.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 10, 2017.
Nate Pamplin
for J. W. Unsworth
Director
NEW SECTION
WAC 220-354-20000A Puget SoundBeach seineEmerging commercial fisheryEligibilityLawful gear.
Notwithstanding the provisions of WAC 220-354-200, effective immediately until further notice the following rules apply. Unless otherwise amended, all permanent rules remain in effect.
(1) The following is the selection process the department will use to offer a salmon beach seine experimental permit.
(a) Persons who held a salmon beach seine experimental fishery permit in the previous management year will be eligible for a permit in the current management year.
(b) The department will work with the advisory board, per RCW 77.70.160(1), to establish criteria by which applicants will qualify to enter the pool. The pool established by this drawing will be maintained to replace any permit(s) which are voided.
(c) To be eligible for the pool, each applicant must be the Primary Operator on a Puget Sound Commercial salmon license.
(d) Each eligible applicant must have made a landing as an operator from a Puget Sound Commercial salmon fishery within the last 3 years.
Reviser's note: The unnecessary underscoring 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.