WSR 20-22-049
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-239—Filed October 29, 2020, 11:00 a.m., effective October 30, 2020]
Effective Date of Rule: October 30, 2020.
Purpose: The purpose of this rule is to close salmon fishing in channels created by exposed tidelands at the mouths of Chico Creek and Gorst Creek.
Citation of Rules Affected by this Order: Repealing WAC 220-313-06000W; and amending WAC 220-313-060.
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: Fishing in the tidal channels downstream of the mouths of Gorst and Chico creeks can lead to disorderly fishery activity such as illegal snagging, particularly during times of adult salmon returns to the streams. Fishing opportunity for returning adult salmon remains open in the marine waters adjacent to the creek mouths and tidal channels. Closure of these tidal channel areas is consistent with the department's mandate to promote orderly fisheries (RCW 77.04.012). 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 29, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-313-06000WPuget Sound salmonSaltwater seasons and daily limits.
Effective October 30, 2020 through November 15, 2020, the following provisions of WAC 220-313-060 regarding salmon seasons for Marine Area 10 shall be modified as described below. All other provisions of WAC 220-313-060 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:
(1) Catch Record Card Area 10:
Free-flowing freshwaters are closed downstream of the mouths of Chico Creek (Kitsap County) and Gorst Creek (Kitsap County).
REPEALER
The following section of the Washington Administrative Code is repealed effective November 16, 2020:
WAC 220-313-06000W
Puget Sound salmonSaltwater seasons and daily limits.