WSR 16-22-016 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-296—Filed October 21, 2016, 3:46 p.m., effective October 22, 2016] Effective Date of Rule: October 22, 2016.
Purpose: Amend Puget Sound saltwater recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-62100K; and amending WAC 232-28-621.
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: An emergency rule is needed to open Marine Area 13 to the retention of hatchery coho salmon. State and tribal comanagers previously agreed to keep the area closed to wild and hatchery coho retention due to the low number of coho projected to return this year. The comanagers agree there are sufficient numbers of fish returning to southern Puget Sound to allow the retention of hatchery coho. There is insufficient time to adopt permanent rules.
There are sufficient hatchery coho returning to Squaxin Island Tribal Net Pens to allow the retention of hatchery coho while not increasing impacts on Chinook and coho as Marine Area 13 is scheduled to open October 1, 2016. This emergency rule is needed to provide for additional angling opportunity of the harvestable surplus of hatchery coho. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 21, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 232-28-62100N Puget Sound salmon—Saltwater seasons and daily limits.
Notwithstanding the provisions of WAC 232-28-621, effective October 22, 2016, until further notice, it is permissible to retain hatchery coho salmon as part of the daily limit in Marine Area 13. Unless otherwise amended, all permanent rules remain in effect:
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. REPEALER
The following section of the Washington Administrative Code is repealed effective October 22, 2016:
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