WSR 15-19-028 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-320—Filed September 8, 2015, 4:30 p.m., effective September 9, 2015, 5:00 a.m.] Effective Date of Rule: September 9, 2015, 5:00 a.m.
Purpose: Amend commercial fishing rules for Puget Sound salmon.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-50100U.
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: Effective 11:59 p.m. September 8, 2015, regulatory control in Areas 7 and 7A is relinquished by the Fraser River Panel under the Pacific Salmon Commission. Under agreement by the Washington department of fish and wildlife for the state of Washington and the treaty Indian tribes of western Washington, the all citizens reef net fishery begins following relinquishment of regulatory control by the Fraser River Panel. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 8, 2015.
Nate Pamplin
for J. W. Unsworth
Director
NEW SECTION
WAC 220-47-50100U Puget Sound all-citizen commercial salmon fishery—Open periods.
Notwithstanding the provisions of Chapter 220-47 WAC, effective 5:00 a.m. September 9, 2015, 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 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:
(1) Purse Seines - Closed to Purse Seine gear.
Areas 7 and 7A:
(2) Gill Nets - Closed to gill net gear.
Areas 7 and 7A:
(3) Reef Nets - Open to reef net gear according to the times, dates, and conditions as prescribed and listed below:
(a) It is unlawful to retain unmarked Chinook, unmarked coho, chum, pink and sockeye.
(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 in accordance with requirements of 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.
(4) "Quick Reporting Fisheries" All fisheries opened under this section, and any fishery opening under authority of the Fraser Panel for sockeye in Puget Sound Salmon Management and Catch Reporting Areas (WAC 220-22-030), are designated as "Quick Reporting Required" pursuant to WAC 220-47-001.
REPEALER
The following section of the Washington Administrative Code is repealed effective 9:01 p.m. September 26, 2015:
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