WSR 15-17-082
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 15-266—Filed August 17, 2015, 4:06 p.m., effective August 18, 2015, 5:00 a.m.]
Effective Date of Rule: August 18, 2015, 5:00 a.m.
Purpose: Amend commercial fishing rules for Puget Sound salmon.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100P and 220-47-41100J; and amending WAC 220-47-311, 220-47-411, and 220-47-500.
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: The department has adopted permanent rules necessary to implement the commercial fishing plans developed through the North of Falcon season setting process. These rules are interim until permanent rules take effect.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 17, 2015.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-47-31100P Purse seineOpen periods.
Notwithstanding the provisions of WAC 220-47-311, 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 in accordance with the areas and open periods indicated below. Unless otherwise amended, all permanent rules remain in effect.
Open Areas
Open Periods
8A
7 AM - 7 PM daily
8/18, 8/26, 9/1
10 - limited participation 5 boats only
7 AM - 7 PM daily
8/19, 8/25, 8/27, 8/31, 9/2
NEW SECTION
WAC 220-47-41100J GillnetOpen periods.
Notwithstanding the provisions of WAC 220-47-411, effective immediately until further notice, it is permissible to take, fish for, or possess salmon taken with gillnet gear for commercial purposes from the following designated Puget Sound Salmon Management and Catch Reporting Areas during the times indicated below and with the minimum mesh size indicated below. Unless otherwise amended, all permanent rules remain in effect.
Open Areas
Open Periods
Mesh Size
8A
5 AM - 11 PM daily
8/19, 8/25, 9/2
Minimum 5 inch
10 - limited participation 5 boats only
7 PM - 7 AM daily
8/18, 8/24, 8/26, 9/1, 9/3
4 1/2" minimum and 5 1/2" maximum mesh
NEW SECTION
WAC 220-47-50000A Limited participation salmon net fisheries.
Notwithstanding the provisions of WAC 220-47-500, in area 10 limited participation pink fisheries, fishers must participate in all openings to be eligible to participate in the fishery and must pay a fee of $250 per day to cover the cost of observers. Unless otherwise amended, all permanent rules remain in effect.
REPEALER
The following sections of the Washington Administrative Code are repealed effective 7:01 AM September 4, 2015:
WAC 220-47-31100P
Purse seineOpen periods.
WAC 220-47-41100J
GillnetOpen periods.