WSR 16-17-021 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-202—Filed August 5, 2016, 4:44 p.m., effective August 5, 2016, 4:44 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 220-47-31100Y and 220-47-41100S; and amending WAC 220-47-311 and 220-47-411.
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 emergency rule is needed to provide for a commercial fishery because the harvest nontreaty share of Nooksack and Samish Chinook as agreed to with the tribal comanagers in Puget Sound Salmon Management and Catch Reporting Areas 7B and 7C and harvest nontreaty share of Port Gamble Bay coho as agreed to with the tribal comanagers in Puget Sound Salmon Management and Catch Reporting Area 9A. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 5, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-47-31100Y Purse seine—Open 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 during the periods provided in this section, provided that unless otherwise amended, all permanent rules remain in effect:
NEW SECTION
WAC 220-47-41100S Gillnet—Open periods.
Notwithstanding the provisions of WAC 220-47-411, 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 during the periods provided in this section, provided that unless otherwise amended, all permanent rules remain in effect:
REPEALER
The following sections of the Washington Administrative Code are repealed effective 11:59 p.m. September 3, 2016:
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