WSR 17-21-089
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-283—Filed October 17, 2017, 3:37 p.m., effective October 18, 2017]
Effective Date of Rule: October 18, 2017.
Purpose: Amends commercial purse seine and gillnet fisheries in Puget Sound.
Citation of Rules Affected by this Order: Repealing WAC 220-354-12000A and 220-354-16000A; and amending WAC 220-354-120 and 220-354-160.
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 close the commercial salmon fisheries in Salmon Management and Catch Reporting Areas 7 and 7A as per preseason agreement with tribal comanagers based on the nontreaty chum catch to date in these areas. Additionally, there is not enough nontreaty share remaining to allow for multiple day openings. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 17, 2017.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-354-12000A Purse seineOpen periods.
Notwithstanding the provisions of WAC 220-354-120, 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:
Areas
Open Periods
7, 7A
Closed 10/18 and 10/20
NEW SECTION
WAC 220-354-16000A GillnetOpen periods.
Notwithstanding the provisions of WAC 220-354-160, 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:
Areas
Open Periods
7, 7A
Closed 10/18 and 10/20
REPEALER
The following sections of the Washington Administrative Code are repealed effective 11:59 PM October 20, 2017:
WAC 220-354-12000A
Purse seineOpen periods.
WAC 220-354-16000A
GillnetOpen periods.