WSR 21-19-101
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 21-203—Filed September 17, 2021, 3:50 p.m., effective September 19, 2021]
Effective Date of Rule: September 19, 2021.
Purpose: The purpose of this emergency rule is to adjust release requirements for Puget Sound Salmon Management and Catch Reporting Area 7.
Citation of Rules Affected by this Order: Amending WAC 220-354-180.
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: The United States Fraser River Panel relinquished regulatory control of nontreaty commercial sockeye and pink salmon fisheries in United States waters including Puget Sound Marine Area 7 effective midnight, Saturday, September 18, returning those fisheries to regulation by state rule. The additional release requirements are needed to minimize encounters and mortalities to sockeye, pink and Chinook salmon in Marine Area 7. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 17, 2021.
Kelly Susewind
Director
NEW SECTION
WAC 220-354-18000QPuget Sound salmonReef net open periods.
Effective September 19 through November 6, 2021, the following provisions of WAC 220-354-180 regarding reef net open periods and retention allowance in Puget Sound Salmon Management and Catch Reporting Area 7 shall be as follows. All other provisions of WAC 220-354-180 not contained herein remain in effect unless otherwise modified by emergency rule:
(1) It is unlawful to take, fish for, or possess salmon taken with reef net gear for commercial purposes in Puget Sound, except in the following designated Puget Sound Salmon Management and Catch Reporting Areas, during the periods provided for in each respective area:
Area
Open/Closed
Time
Date
7
Open
5 AM - 9 PM Daily
9/19 - 11/6
(2) It is unlawful to retain any salmon other than coho salmon taken with reef net gear from September 19 through September 30, 2021.
(3) It is unlawful to retain any salmon other than coho and chum salmon taken with reef net gear from October 1 through November 6, 2021.
(4) All other saltwater and freshwater areas – Closed.