WSR 17-19-014

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 17-241—Filed September 7, 2017, 3:13 p.m., effective September 7, 2017, 10:00 p.m.]

Effective Date of Rule: September 7, 2017, 10:00 p.m.

Purpose: Amend commercial fishing rules for the Puget Sound smelt commercial fishery.

Citation of Rules Affected by this Order: Repealing WAC 220-356-20000A, 220-356-19000A, 220-356-06000A and 220-356-05000A; and amending WAC 220-356-190.

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: This emergency rule is needed to close Puget Sound to commercial smelt fishing, as the annual quota is expected to be reached. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 4.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 7, 2017.

Joe Stohr

for J. W. Unsworth

Director

NEW SECTION

WAC 220-356-19000A Puget Sound smelt commercial fishery—Seasons.

Notwithstanding the provisions of WAC 220-356-190, effective 10:00 p.m. September 7 through December 31, 2017, it is unlawful to take, fish for or possess smelt for commercial purposes in Puget Sound.

REPEALER

The following sections of the Washington Administrative Code are repealed effective 10:00 p.m. September 7, 2017:


WAC 220-356-20000A	Puget Sound smelt commercial fishery—Weekly periods. (17-228)
WAC 220-356-06000A	Puget Sound herring, anchovy and smelt commercial fisheries. (17-220)
WAC 220-356-05000A	Puget Sound forage fish commercial fisheries—General provisions. (17-220)

The following section of the Washington Administrative Code is repealed effective January 1, 2018:


WAC 220-356-19000A	Puget Sound smelt commercial fishery—Seasons.