WSR 18-21-061
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-283—Filed October 9, 2018, 4:08 p.m., effective October 10, 2018, 5:00 a.m.]
Effective Date of Rule: October 10, 2018, 5:00 a.m.
Purpose: Amend commercial salmon fishing rules for Puget Sound.
Citation of Rules Affected by this Order: Amending WAC 220-354-120, 220-354-160, and 220-354-180.
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 commercial chum fisheries in Catch Reporting Areas 7 and 7A. The United States received notice from Canada that their chum run size is estimated to be below the threshold to allow United States commercial salmon fisheries in Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A per the Pacific Salmon Treaty. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 3, Amended 0, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 9, 2018.
Nate Pamplin
for Kelly Susewind
Director
NEW SECTION
WAC 220-354-12000FPuget Sound salmon—Purse seine—Open periods.
Notwithstanding the provisions of WAC 220-354-120, effective effective 5 a.m. October 10 through November 10, 2018, 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 set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect:
Areas
Open Periods
7 and 7A
Closed
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.
NEW SECTION
WAC 220-354-16000GPuget Sound salmon—Gillnet—Open periods.
Notwithstanding the provisions of WAC 220-354-160, effective effective 5 a.m. October 10 through November 10, 2018, 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 set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect:
Areas
Open Periods
7 and 7A
Closed
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.
NEW SECTION
WAC 220-354-18000GPuget Sound salmon—Reef net open periods.
Notwithstanding the provisions of WAC 220-354-180, effective 5 a.m. October 10 through November 10, 2018, 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 and in accordance with the species restrictions set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect:
(a)
Areas
Open Periods
7
10/10, 10/11, 10/12, 10/13
(b) It is unlawful for reef nets to retain chum.
REPEALER
The following sections of the Washington Administrative Code are repealed effective November 11, 2018:
WAC 220-354-12000F
Puget Sound salmonPurse seineOpen periods.
WAC 220-354-16000G
Puget Sound salmonGillnetOpen periods.
WAC 220-354-18000G
Puget Sound salmonReef net open periods.