WSR 14-21-115 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-306—Filed October 16, 2014, 2:24 p.m., effective October 17, 2014, 7:00 a.m.] Effective Date of Rule: October 17, 2014, 7:00 a.m.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-50100L.
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 regulation modifies fishing schedules for Salmon Management and Catch Reporting Areas 7 and 7A per agreement with tribal comanagers. Preseason agreements stipulated that the nontreaty fishery would reopen on October 17 if the chum catch was between fifteen thousand and twenty-five thousand fish after the first three scheduled days of the fishery. Actual catch is estimated to be approximately eighteen thousand fish. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 16, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-47-50100L Puget Sound all-citizen commercial salmon fishery—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 taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas except as provided in this section, provided that unless otherwise amended, all permanent rules remain in effect:
Areas 7 and 7A:
(1) Purse Seines – Open to purse seine gear with a 5 inch strip according to the times, dates, and conditions listed below:
(a) It is unlawful to retain Chinook and coho.
(b) Purse seines are required to brail and fishers must also use a recovery box in compliance with WAC 220-47-301 (7)(a) through (f).
(c) All salmon and rockfish must be immediately sorted, and those required to be released must be placed in an operating recovery box or released into the water before the next brail may be brought on the deck. However, small numbers of fish may be brought on board the vessel by pulling the net in without mechanical or hydraulic assistance.
(d) It is unlawful to fish for salmon with purse seine gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in possession of a department issued certification card.
(2) Gill Nets – Open to gill net gear with 6 1/4 inch minimum mesh size according to the times, dates, and conditions listed below:
(a) It is unlawful to retain Chinook, coho, and rockfish.
(b) Recovery boxes are required for gill nets fishing in Areas 7 and 7A through October 18. In addition, gill net soak times (first mesh in to last mesh out) are limited to 45 minutes through October 18.
(c) It is unlawful to fish for salmon with gill net gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in possession of a department issued certification card.
(3) "Quick Reporting Fisheries": All fisheries opened under this section are designated as "Quick Reporting Required" as provided in WAC 220-47-001.
REPEALER
The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 18, 2014:
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