WSR 20-21-069
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-232—Filed October 15, 2020, 5:15 p.m., effective October 18, 2020]
Effective Date of Rule: October 18, 2020.
Purpose: The purpose of this emergency rule is to close commercial gillnet and purse seine fisheries in Salmon Management and Catch Reporting Areas 10 and 11 for opening previously scheduled between October 18 and 23, 2020.
Citation of Rules Affected by this Order: Repealing WAC 220-354-16000G and 220-354-12000X; 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.
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 Areas 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 (LOAF). 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 15, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-354-16000GPuget Sound salmon—Gillnet—Open periods.
Effective October 18 through October 19 and October 22 through October 23, 2020 the following provisions of WAC 220-354-160 regarding commercial gillnet open periods for Salmon Management and Catch Reporting Areas 10, 11 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 |
10, 11: | Closed | 5 PM - 9 AM | Nightly 10/18, 10/22 | |
NEW SECTION
WAC 220-354-12000XPuget Sound salmon—Purse seine—Open periods.
Effective the day of October 20, 2020 the following provisions of WAC 220-354-120 regarding commercial purse seine open periods for Salmon Management and Catch Reporting Areas 10, 11 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 |
10, 11 | Closed | 7 AM - 6 PM | 10/20 |
REPEALER
The following section of the Washington Administrative Code is repealed effective October 24, 2020:
WAC 220-354-16000G | Puget Sound salmon—Gillnet—Open periods. |
The following section of the Washington Administrative Code is repealed effective October 21, 2020:
WAC 220-354-12000X | Puget Sound salmon—Purse seine—Open periods. |