WSR 22-19-017
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-198—Filed September 9, 2022, 3:08 p.m., effective September 11, 2022]
Effective Date of Rule: September 11, 2022.
Purpose: The purpose of this emergency rule is to [open] Puget Sound commercial reef net fisheries.
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: This emergency rule is needed to open commercial reef net fisheries in Puget Sound Salmon Management and Catch Reporting Area 7. The Fraser River Panel has relinquished control over waters of Area 7 for reef net gear to target coho salmon. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 9, 2022.
Kelly Susewind
Director
NEW SECTION
WAC 220-354-18000TReef net open periods.
Notwithstanding the provisions of WAC 220-354-180, effective September 11, through September 17, 2022, it is unlawful to take, fish for, or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas except as provided in this section, provided that unless otherwise amended, all permanent rules remain in effect:
Open to reef net gear according to the times, dates and conditions contained herein:
Open Areas
Open Periods
7
5 AM - 9 PM daily, 9/11 through 9/17
(a) It is unlawful to retain any salmon other than coho and hatchery Chinook.
(b) It is unlawful to retain marked Chinook unless the reef net operator is in immediate possession of a Puget Sound Reef Net Logbook. All retained marked Chinook must be recorded in the logbook in accordance with requirements of WAC 220-354-180.
(c) It is unlawful to fish for salmon with reef net gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in immediate possession of a department issued certification card.
(d) "Quick Reporting Fisheries":
All fisheries opened under this section, and any fishery opening under authority of the Fraser Panel for sockeye in Puget Sound Salmon Management and Catch Reporting Areas (WAC 220-301-030), are designated as "Quick Reporting Required" per WAC 220-352-325 Puget Sound salmon and sturgeon—Additional reporting requirements and WAC 220-354-090 Puget Sound salmon—Quick reporting.