WSR 19-21-047
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-255—Filed October 9, 2019, 4:07 p.m., effective October 9, 2019, 4:07 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend Puget Sound commercial salmon fishing rules.
Citation of Rules Affected by this Order: Repealing WAC 220-354-12000P, 220-354-16000U and 220-354-18000M; and amending WAC 220-354-120, 220-354-160, and 220-354-180.
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 scheduled openings for commercial purse seine and gillnet fisheries in Puget Sound Management and Catch Reporting Areas 7 and 7A. The chum salmon return to the Fraser River in Canada is estimated to be below the critical threshold of one million chum. Per Chapter 6 of the Pacific Salmon Treaty, the United States fleet cannot start fishing in Areas 7/7A on October 10. Reef net fishers in Puget Sound Management and Catch Reporting Area 7 will also be required to release all chum to align with these conservation measures. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 3, Amended 0, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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, 2019.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-354-12000PPuget Sound salmon—Purse seine—Open periods.
Notwithstanding the provisions of WAC 220-354-120, effective immediately through November 9, 2019:
Areas | Open Periods |
7 and 7A | Closed |
NEW SECTION
WAC 220-354-16000UPuget Sound salmon—Gillnet—Open periods.
Notwithstanding the provisions of WAC 220-354-160, effective immediately until through November 9, 2019:
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 220-354-18000MPuget Sound salmon—Reef net—Open periods.
Notwithstanding the provisions of WAC 220-354-180, effective immediately through November 11, 2019:
Reef nets - Open to reef nets according to the times, dates, and conditions as prescribed and listed below:
Areas | Open Periods |
7 | Open 5 a.m. - 9 p.m. daily, immediately through October 16 |
(a) Release all Chinook and chum.
(b) It is unlawful to fish for salmon with gill net gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in possession of a department issued certification card.
REPEALER
The following sections of the Washington Administrative Code are repealed effective November 9, 2019:
WAC 220-354-12000P | Puget Sound salmon—Purse seine—Open periods. |
WAC 220-354-16000U | Puget Sound salmon—Gillnet—Open periods. |
The following section of the Washington Administrative Code is repealed effective November 12, 2019:
WAC 220-354-18000M | Puget Sound salmon—Reef net—Open periods. |