WSR 15-19-019
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 15-317—Filed September 3, 2015, 3:29 p.m., effective September 3, 2015, 3:29 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-40-027.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 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 North of Falcon and rules adoption process was delayed this year due to the longer than expected Willapa Bay Salmon Management Policy development process. The permanent rule was not filed until August 25, 2015. The department is extending the deadline to notify the department of intent to participate in the fishery to provide fishers sufficient time to respond. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 3, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-40-02700X Willapa Bay salmonFall fishery.
Notwithstanding the provisions of WAC 220-44-027:
(1) Effective immediately until further notice, fishers must provide notice of intent to participate by contacting quick reporting by phone, fax or e-mail. Notice of intent must be given prior to 5:00 p.m. on September 4. Fishers must provide notice of intent to participate in 2U on September 16, 17, 18, 19, 20, 21, 22, 27, 28, and 29 by contacting quick reporting by phone, fax, or e-mail. Notice of intent must be given prior to 5:00 p.m. on September 4. Fishers must take department observers when participating in these openings.
(2) Effective immediately through September 7, it is unlawful to fish for salmon in Willapa Bay for commercial purposes or to possess salmon taken from those waters for commercial purposes.