WSR 21-17-083
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 21-148—Filed August 12, 2021, 5:14 p.m., effective August 13, 2021]
Effective Date of Rule: August 13, 2021.
Purpose: The purpose of this emergency rule is to open additional salmon harvest opportunities in the East Elliott Bay salmon fishery and to return the Tulalip Terminal Area in Marine Area 8-2 to permanent rules.
Citation of Rules Affected by this Order: Repealing WAC 220-313-06000G; and amending WAC 220-313-060.
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 necessary to open additional recreational salmon harvest opportunities in Marine Area 10 and to return the Tulalip Terminal Area in Marine Area 8-2 salmon fishery to permanent rules.
The East Elliott Bay fishery is being opened because in-season updates indicate that higher than expected returns will allow for an additional weekend of fishing opportunity in Elliot Bay.
The Tulalip Terminal Area salmon fishery is being reopened because a sufficient number of Chinook have reached the Snohomish River hatcheries, satisfying broodstock goals enough to allow fishing to resume in the Tulalip Terminal Area.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 12, 2021.
Kelly Susewind
Director
NEW SECTION
WAC 220-313-06000KPuget Sound salmonSaltwater seasons and daily limits.
Effective August 13 through 11:59 AM, August 16, 2021, the following provisions of WAC 220-313-060 regarding salmon seasons for the section of Marine Area 10 known as the East Elliott Bay fishery, as defined herein shall be as described below. All other provisions of WAC 220-313-060 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:
Catch Record Card Area 10; East Elliott Bay:
(a) East Elliott Bay is defined as: Water of Elliott Bay between a line from Duwamish Head to Pier 91 up to the mouth of the Duwamish River including Harbor Island (Duwamish Waterways).
(b) Salmon:
(i) Daily limit 2 salmon.
(ii) Release chum.
REPEALER
The following section of Washington Administrative Code is repealed, effective August 13, 2021:
WAC 220-313-06000G
Puget Sound salmonSaltwater seasons and daily limits. (21-122)