WSR 17-24-057
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-336—Filed December 1, 2017, 3:59 p.m., effective December 1, 2017, 3:59 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amends commercial purse seine and gillnet fisheries in Puget Sound.
Citation of Rules Affected by this Order: Repealing WAC 220-354-12000N and 220-354-16000M; and amending WAC 220-354-120 and 220-354-160.
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 the commercial chum salmon fisheries in Salmon Management and Catch Reporting Area 7B due to concerns over low returns to the Nooksack River and Kendall Creek Hatchery. The closure is necessary to ensure natural escapement and hatchery broodstock goals are met. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 1, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-354-12000N Purse seineOpen periods.
Notwithstanding the provisions of WAC 220-354-120, 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:
Areas
Open Periods
7B
Closed
NEW SECTION
WAC 220-354-16000M GillnetOpen periods.
Notwithstanding the provisions of WAC 220-354-160, 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:
Areas
Open Periods
7B
Closed
REPEALER
The following sections of the Washington Administrative Code is repealed effective December 9, 2017:
WAC 220-354-12000N
Purse seineOpen periods.
WAC 220-354-16000M
GillnetOpen periods.