WSR 17-23-059
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-314—Filed November 12, 2017, 3:53 p.m., effective November 12, 2017, 3:53 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amends commercial salmon fishing rules in Puget Sound.
Citation of Rules Affected by this Order: Repealing WAC 220-354-12000H, 220-354-16000H, 220-354-12000I and 220-354-16000I; 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 delay the scheduled opening to provide the required notice to the comanagers under the Puget Sound Salmon Management Plan. Salmon Management and Catch Reporting Areas 12, 12B, and 12C are open to target the remaining nontreaty chum share available at the estimated inseason run size. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 4.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 12, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-354-12000I Puget Sound salmonPurse seineOpen periods.
Notwithstanding the provisions of WAC 220-354-120, effective immediately 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
12, 12B, and 12C
Tuesday November 14
7AM – 5PM
NEW SECTION
WAC 220-354-16000I Puget Sound salmonGillnetOpen periods.
Notwithstanding the provisions of WAC 220-354-160, effective immediately 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:
Area
Open Periods
12, 12B, and 12C
Wednesday November 15
6AM-6PM
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 220-354-12000H
Purse seineOpen periods.
WAC 220-354-16000H
GillnetOpen periods.
The following sections of the Washington Administrative Code are repealed effective 11:59 p.m. November 16, 2017:
WAC 220-354-12000I
Purse seineOpen periods.
WAC 220-354-16000I
GillnetOpen periods.