WSR 09-18-039

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-182 -- Filed August 25, 2009, 4:24 p.m. , effective August 26, 2009, 5:00 a.m. ]


Effective Date of Rule: August 26, 2009, 5:00 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-50100M.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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 regulation provides for Pacific Salmon Commission authorized fisheries in Areas 7 and 7A. These emergency rules are necessary to initiate fisheries targeting a harvestable surplus of pink salmon available. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 25, 2009.

Philip Anderson

Director


NEW SECTION
WAC 220-47-50100M   Puget Sound all-citizen commercial salmon fishery -- Open periods.   (1) Notwithstanding the provisions of Chapter 220-47 WAC, it is unlawful to take, fish for, or possess salmon taken with reef net gear for commercial purposes in Puget Sound, except in the following designated Puget Sound Salmon Management and Catch Reporting Areas, during the periods provided for in each respective area. Unless otherwise amended, all permanent rules remain in effect:


AREA TIME DATE(S)
7, 7A 5 AM - 9 PM Daily 8/26 through 8/28

(a) It is unlawful to retain wild coho, wild Chinook, all chum and sockeye.

"Quick Reporting Fisheries":

All fisheries opened under this section, and any fishery opening under authority of the Fraser Panel for sockeye or pink salmon in Puget Sound Salmon Management and Catch Reporting Areas (WAC 220-22-030), are designated as "Quick Reporting Required" per WAC 220-47-001.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 9:01 p.m. August 28, 2009:


WAC 220-47-50100M Puget Sound all-citizen commercial salmon fishery -- Open periods.

Washington State Code Reviser's Office