WSR 20-21-023
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-225—Filed October 9, 2020, 2:39 p.m., effective October 13, 2020]
Effective Date of Rule: October 13, 2020.
Purpose: The purpose of this emergency rule is close commercial gillnet and purse seine fisheries in Salmon Management and Catch Reporting Areas 10, 11, 12, and 12B for opening scheduled between October 13 and 15, 2020. This rule also corrects a preseason scheduling mistake by closing fisheries in 7 and 7A on October 10, 2020.
Citation of Rules Affected by this Order: Repealing WAC 220-354-16000F and 220-354-12000W; and amending WAC 220-354-160 and 220-354-120.
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 adjust commercial gillnet and purse seine salmon fisheries in Puget Sound Salmon Management and Catch Reporting Areas 10, 11, 12, 12B.
This rule also closes commercial gillnet and purse seine fisheries scheduled for October 10, 2020, in Areas 7 and 7A to correct a scheduling mistake in the preseason plan.
2020 Preseason forecasts for chum salmon returning to Puget Sound are lower than in the recent past. The 2019 return of fall chum salmon was much lower than forecast and many places did not reach spawning escapement goals. Fishery openings planned in Area 10 and 11 are contingent on a test fishery based run-size update that predicts sufficient harvestable surplus, and in-season agreement from tribal comanagers as agreed to in the 2020-21 list of agreed-to fisheries. The Areas 12 and 12B chum fishery was scheduled to open on October 13 for gillnet fishing and October 15 for purse seine fishing. After meeting with fisherman and commercial fishing representatives, Washington department of fish and wildlife made the decision to not open planned fisheries on the scheduled dates to focus fishing opportunities on the historical peak of the fall chum return in later weeks. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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: October 9, 2020.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-354-16000FPuget Sound salmon—Gillnet—Open periods.
Effective October 13 through October 14, 2020 the following provisions of WAC 220-354-160 regarding commercial gillnet open periods for Salmon Management and Catch Reporting Areas 10, 11, 12, and 12B 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 |
7,7A: | Closed | 7AM - Midnight | 10/10 | |
10, 11: | Closed | 5PM - 9AM | Nightly 10/13 | |
12, 12B: | Closed | 7AM - 8PM | 10/13 | |
NEW SECTION
WAC 220-354-12000WPuget Sound salmon—Purse seine—Open periods.
Effective the day of October 15, 2020 the following provisions of WAC 220-354-120 regarding commercial purse seine open periods for Salmon Management and Catch Reporting Areas 10, 11, 12, and 12B shall be as described below. All other provisions of WAC 220-354-120 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:
Area | Open/Closed | Time | Date |
7, 7A: | Closed | 7AM - 6PM | 10/10 |
10, 11 12 12B: | Closed | 7AM - 6PM | 10/15 |
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.
REPEALER
The following section of the Washington Administrative Code is repealed effective October 15, 2020:
WAC 220-354-16000F | Puget Sound salmon—Gillnet—Open periods. |
The following section of the Washington Administrative Code is repealed effective October 16, 2020:
WAC 220-354-12000W | Puget Sound salmon—Purse seine—Open periods. |