WSR 17-18-070 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-231—Filed September 1, 2017, 4:14 p.m., effective September 3, 2017] Effective Date of Rule: September 3, 2017. Purpose: Amend Puget Sound commercial salmon gillnet and purse seine seasons. Citation of Rules Affected by this Order: Repealing WAC 220-47-31100A, 220-47-31100B, 220-47-41100B, and 220-47-41100C; and amending WAC 220-47-411 and 220-47-311. 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 department has adopted permanent rules necessary to implement the commercial fishing plans developed through the North of Falcon season setting process. These rules are interim until permanent rules take effect. Additionally, this emergency rule is needed to facilitate removal of Atlantic salmon a nonnative species by allowing a smaller mesh size for the commercial gillnet fisheries in Puget Sound Salmon Management and Catch Reporting Area 7C. Cooke Aquaculture Pacific, the owner of net pen facility near Cypress Island, Washington (near the San Juan Islands) has indicated that structural damage to one of their Atlantic salmon net pens resulted in the escape of Atlantic salmon adults. 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 Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 4. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 1, 2017. Nate Pamplin for J. W. Unsworth
Director
NEW SECTION
WAC 220-47-31100B Purse seine—Open periods.
Notwithstanding the provisions of WAC 220-47-311, effective immediately until further notice, it is unlawful to take, fish for, or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas except during the periods provided in this section, provided that unless otherwise amended, all permanent rules remain in effect:
Purse seines fishing in Puget Sound Salmon Management and Catch Reporting Areas 7B and 7C must release all sockeye.
NEW SECTION
WAC 220-47-41100C Gillnet—Open periods.
Notwithstanding the provisions of WAC 220-47-411, effective immediately until further notice, it is unlawful to take, fish for, or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas except during the periods provided in this section, provided that unless otherwise amended, all permanent rules remain in effect:
Gillnets fishing in Puget Sound Salmon Management and Catch Reporting Areas 7B and 7C must release all sockeye.
REPEALER
The following sections of the Washington Administrative Code are repealed effective 11:59 PM September 02, 2017:
REPEALER
The following sections of the Washington Administrative Code are repealed effective September 18, 2017:
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