WSR 22-23-089
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-271—Filed November 14, 2022, 12:28 p.m., effective November 15, 2022]
Effective Date of Rule: November 15, 2022.
Purpose: The purpose of this emergency rule is to open commercial purse seine and gillnet fisheries in Puget Sound Salmon Management and Catch Reporting Areas 12 and 12B.
Citation of Rules Affected by this Order: Amending WAC 220-354-120 and 220-354-160.
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 rule is necessary to add openings for commercial purse seine and gillnet fisheries targeting chum salmon in Puget Sound Salmon Management and Catch Reporting Areas 12 and 12B. The latest in-season runsize estimate for Hood Canal chum salmon based on commercial fishery information suggests the chum return is large enough to allow for additional opening dates. Area 12C remains closed to minimize geographic overlap with tribal fisheries while harvestable fish remain available in Areas 12 and 12B. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 14, 2022.
Kelly Susewind
Director
NEW SECTION
WAC 220-354-12000TPuget Sound salmon—Purse seine—Open periods.
Effective November 15, 2022, only, the following provisions of WAC 220-354-120 regarding commercial Purse Seine open periods in Puget Sound Salmon Management and Catch Reporting Areas 12 and 12B shall be as follows. All other provisions of WAC 220-354-120 not contained herein remain in effect unless otherwise altered by emergency rule:
Areas | Open/Closed | Time | Date(s) |
12, 12B | Open | 7 AM - 5 PM | 11/15/2022 |
12C | Closed | - | 11/15/2022 |
NEW SECTION
WAC 220-354-16000CPuget Sound salmon—Gillnet—Open periods.
Effective November 16, 2022, only, the following provisions of WAC 220-354-160 regarding commercial gillnet open periods for Puget Sound Salmon Management and Catch Reporting Areas 12 and 12B 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(s) |
12, 12B | Open | 6 AM - 6 PM | 11/16/2022 |
12C | Closed | - | 11/16/2022 |