WSR 17-23-147
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-325—Filed November 20, 2017, 4:21 p.m., effective November 20, 2017, 4:21 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amends Puget Sound commercial purse seine and gillnet fisheries.
Citation of Rules Affected by this Order: Repealing WAC 220-354-12000M and 220-354-16000L; and amending WAC 220-354-120 and 220-354-160.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 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 open the commercial gillnet salmon fishery in Salmon Management and Catch Reporting Area 12C targeting harvestable surplus of chum salmon remaining on the nontribal share. There is no agreement with the comanagers to open purse seines. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 20, 2017.
Nate Pamplin
for J. W. Unsworth
Director
NEW SECTION
WAC 220-354-12000M Puget Sound salmon—Purse seine—Open periods.
Notwithstanding the provisions of WAC 220-354-120, effective immediately 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:
Areas
Open Periods
12, 12B, and 12C
Closed
NEW SECTION
WAC 220-354-16000L Puget Sound salmon—Gillnet—Open periods.
Notwithstanding the provisions of WAC 220-354-160, effective immediately 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:
 
Area
Open Periods
12 and 12B
Closed
12C
Open 6 AM to 6 PM daily
11/21, 11/22, 11/23, 11/24, 11/25, 11/26, 11/27
REPEALER
The following sections of the Washington Administrative Code are repealed effective 11:59 PM November 27, 2017:
WAC 220-354-12000M
Purse seineOpen periods.
WAC 220-354-16000L
GillnetOpen periods.