WSR 20-23-020
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-247—Filed November 6, 2020, 5:08 p.m., effective November 6, 2020, 5:08 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule is to modify commercial purse seine and gillnet seasons in Salmon Management and Catch Reporting Areas 7, 7A, and 7B, and reef net seasons in Area 7.
Citation of Rules Affected by this Order: Repealing WAC 220-354-16000I and 220-354-12000Z; and amending WAC 220-354-160, 220-354-120, 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 adjust commercial gillnet and purse seine salmon fisheries in Puget Sound Salmon Management and Catch Reporting Areas 7, 7A, 7B, and reef net fisheries in Area 7. This rule also carries forward previous modifications to commercial gillnet and purse seine seasons in Areas 12, 12B, and 12C.
Modifications to the commercial seasons in [Areas] 7, 7A are needed because comanagers still have a harvestable share of chum salmon and the ability to target that share through November 10 as part of the chum annex in the Pacific Salmon Treaty.
Modifications to the commercial seasons in [Area] 7B are needed due to a much lower than expected catch-to-date combined with a preseason forecast of chum salmon bound for the Nooksack River below the escapement goal.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 3, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 6, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-354-16000JPuget Sound salmon—Gillnet—Open periods.
Effective immediately through December 2, 2020, the following provisions of WAC 220-354-160 regarding commercial gillnet open periods for Salmon Management and Catch Reporting Areas 7, 7A, 7B, 12, 12B, and 12C 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 | Open | 7 AM-Midnight | 11/8, 11/9, 11/10 | 6 1/4" |
7B | Open | 6 AM-4 PM | Nightly 11/10 | 6 1/4" |
7B | Closed | 6 AM-4 PM | Nightly 11/16, 11/17, | |
7B | Closed | 7 AM-4 PM | Nightly 11/24, 12/1 | |
12, 12B | Closed | 6 AM–6 PM | 11/10, 11/12, 11/16, 11/18 | |
12C | Closed | 6 AM–6 PM | 11/10, 11/12, 11/16 | |
NEW SECTION
WAC 220-354-12000APuget Sound salmon—Purse seine—Open periods.
Effective immediately through December 2, 2020, the following provisions of WAC 220-354-120 regarding commercial purse seine open periods for Salmon Management and Catch Reporting Areas 7, 7A, 7B, 12, 12B, and 12C 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 | Open | 7 AM-5 PM | 11/8, 11/9, 11/10 |
7B | Open | 7 AM-5 PM | 11/11 |
7B | Closed | 7 AM-PM | 11/18, 11/25, 12/2 |
12, 12B | Closed | 7 AM-5 PM | 11/9, 11/17 |
12C | Closed | 7 AM-5 PM | 11/9, 11/17 |
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 220-354-18000PPuget Sound salmon—Reef net—Open periods.
Effective immediately through November 10, 2020, the following provisions of WAC 220-354-180 regarding commercial reef net open periods for Salmon Management and Catch Reporting Area 7 shall be as described below. All other provisions of WAC 220-354-180 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:
Area | Open/Closed | Time | Date |
7 | Open | 5 AM-9 PM | 11/8, 11/9, 11/10 |
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-354-16000I | Puget Sound salmon—Gillnet—Open periods. |
The following section of the Washington Administrative Code is repealed:
WAC 220-354-12000Z | Puget Sound salmon—Purse seine—Open periods. |