WSR 20-17-091

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 20-160—Filed August 14, 2020, 7:15 a.m., effective August 19, 2020]

Effective Date of Rule: August 19, 2020.

Purpose: The purpose of this rule is to close commercial gillnet fisheries in Management and Catch Reporting Area 7C, from August 19 through 26, 2020.

Citation of Rules Affected by this Order: Repealing WAC 220-354-12000V and 220-354-16000D; 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 commercial gillnet salmon fisheries in Puget Sound Salmon Management and Catch Reporting Area 7C beginning August 19, 2020. The reason for the closure is to avoid gear conflicts with a tribal crab opening. This action is undertaken through comanager agreement.

Immediate adoption of these rules is necessary for the preservation of the public health, safety, or general welfare. Observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 13, 2020.

Amy Windrope

for Kelly Susewind

Director

NEW SECTION

WAC 220-354-16000DPuget Sound salmon—Gillnet—Open periods.

Effective 7 p.m. August 18 through 7 a.m. September 4, 2020 the following provisions of WAC 220-354-160 regarding commercial gillnet open periods and mesh size for Management and Catch Reporting Areas 7B and 7C shall be as described below. All other provisions of WAC 220-354-160 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:

Area	Open/Closed	Time	Date	Mesh Size
7C:	Closed	7 PM - 8 AM	Nightly 8/18, 8/19, 8/25, 8/26	7"
7C:	Open	7 PM - 8 AM	Nightly 8/23, 8/24	7"
7B, 7C:	Open	7 AM 8/30 - 7 AM 9/4		7"

REPEALER

The following section of the Washington Administrative Code is repealed effective August 27, 2019:

WAC 220-354-16000D

Puget Sound salmon—Gillnet—Open periods.