WSR 15-23-025
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 15-418Filed November 9, 2015, 4:34 p.m., effective November 9, 2015, 4:34 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial fishing rules for Puget Sound salmon.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100U and 220-47-41100P; and amending WAC 220-47-311 and 220-47-411.
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: There is not enough nontreaty chum share remaining in Hood Canal for a purse seine opening. This creates uncertainty about purse seine effort and catches in South Sound. A reduction in openings is needed to avoid exceeding the nontreaty share of South Sound chum. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 9, 2015.
Ron Warren
for J. W. Unsworth
Director
NEW SECTION
WAC 220-47-31100U Purse seineOpen periods.
Notwithstanding the provisions of WAC 220-47-311, effective November 11, 2015, it is unlawful to fish for, or possess salmon taken for commercial purposed with purse seine in Puget Sound Salmon Management and Catch Reporting Areas 10 and 11.
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.
[NEW SECTION]
WAC 220-47-41100P 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
10, 11
4 PM November 10 -
8 AM November 11
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
REPEALER
The following section of the Washington Administrative Code is repealed effective 7:01 PM November 11, 2015:
WAC 220-47-31100U
Purse seineOpen periods.
WAC 220-47-41100P
GillnetOpen periods.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.