WSR 13-20-073 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 13-260—Filed September 27, 2013, 2:57 p.m., effective September 29, 2013, 5:00 a.m.] Effective Date of Rule: September 29, 2013, 5:00 a.m.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-40100I; and amending WAC 220-47-401.
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 Pacific Salmon Commission Fraser Panel has relinquished control of United States waters allowing an additional day of fishing in Areas 7 and 7A. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 27, 2013.
Philip Anderson
Director
NEW SECTION
WAC 220-47-40100I Reef net open periods.
Notwithstanding the provisions of chapter 220-47 WAC, effective immediately until further notice, it is unlawful to take, fish for, or possess salmon for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas except in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect: Areas 7 and 7A: Reef Nets - Open to reef net gear according to the times, dates, and conditions as prescribed and listed here:
(a) It is unlawful to retain sockeye, unmarked Chinook, unmarked coho, and chum. (b) It is unlawful to retain marked Chinook unless the reef net operator is in immediate possession of a Puget Sound Reef Net Logbook. All retained marked Chinook must be recorded in the log book as required by WAC 220-47-401. (c) It is unlawful to fish for salmon with reef net gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in immediate possession of a department issued certification card.
REPEALER
The following section of the Washington Administrative Code is repealed effective 9:01 p.m. September 29, 2013:
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