WSR 13-23-057
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 13-291—Filed November 15, 2013, 4:23 p.m., effective November 15, 2013, 4:23 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100G and 220-47-41100Y; and amending WAC 220-47-311 and 220-47-411.
Statutory Authority for Adoption: RCW 77.04.020, 77.04.055, 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: There is not enough nontreaty chum share remaining in Hood Canal or south Puget Sound for a purse seine opening and opening [Area] 12C to gillnets is not needed to achieve the nontreaty share. [Area] 8D is closed due to concerns about not reaching egg-take goals at the Tulalip hatchery. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 15, 2013.
Lisa M. Veneroso
for Philip Anderson
Director
NEW SECTION
WAC 220-47-31100G Purse seine—Open periods.
Notwithstanding the provisions of WAC 220-47-311, 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 areas and open periods indicated below. Unless otherwise amended, all permanent rules remain in effect.
Areas 10, 11, 12, 12B and 12C are closed to purse seines on 11/19/2013
Area 8D is closed to purse seines on 11/18/2013
NEW SECTION
WAC 220-47-41100Y Gillnet—Open periods.
Notwithstanding the provisions of WAC 220-47-411, 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 areas and open periods indicated below. Unless otherwise amended, all permanent rules remain in effect.
Area 12C is closed to gillnets on 11/18 and 11/20/2013
Area 8D is closed to gillnets on 11/20, 11/21 and 11/22/2013
REPEALER
The following section of the Washington Administrative Code is repealed effective 6:01 p.m. November 22, 2013:
WAC 220-47-31100G
Purse seine—Open periods.
WAC 220-47-41100Y
Gillnet—Open periods.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.