WSR 23-21-107
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 23-233—Filed October 18, 2023, 10:38 a.m., effective October 18, 2023, 10:38 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule is to open commercial purse seine and gillnet seasons in Puget Sound Salmon Management and Catch Reporting Areas 10 and 11.
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 limit participation to the listed vessels that were selected by random drawing because the estimated runsize is not large enough to support full fleet openings. The latest in-season runsize estimate for South Sound chum salmon based on test fishing is large enough to allow limited commercial opportunity, but insufficient to support full fleet openings. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 18, 2023.
Kelly Susewind
Director
NEW SECTION
WAC 220-354-12000EPuget Sound salmon—Purse seine—Open periods.
Effective 7:00 a.m. until 6:00 p.m., October 20, 2023, the following provisions of WAC 220-354-120 regarding commercial Purse Seine open periods in Puget Sound Salmon Management and Catch Reporting Areas 10 and 11 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) |
10, 11 | Open | 7 AM - 6 PM | 10/20/2023 |
(a) For week 43 the following participants that have been selected and notified by the Department, or their designated alternate operator, are permitted to participate in the Area 10 and 11 purse seine fishery:
(i) FV Adirondack
(ii) FV Harbor Gem
(iii) FV New Oregon
(iv) FV Sofia Lynn
(v) FV Wisconsin
(vi) FV Lisa Marie
(b) It is unlawful to land more than 1,600 chum per license during open periods listed herein.
(c) It is unlawful to possess salmon caught in other Marine Areas while participating in this fishery.
(d) Agreement to participate in this fishery will require that a department observer be allowed on board the vessel while fishing if requested by department staff.
NEW SECTION
WAC 220-354-16000MPuget Sound salmon—Gillnet—Open periods.
Effective from 5 p.m. October 18 until 9 a.m. October 19, 2023, the following provisions of WAC 220-354-160 regarding commercial gillnet open periods for Puget Sound Salmon Management and Catch Reporting Areas 10 and 11 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) |
10, 11 | Open | 5 PM - 9 AM | Opening 10/18/2023 – 10/19/2023 |
(a) For week 43 the following participants that have been selected and notified by the Department, or their designated alternate operator, are permitted to participate in the Area 10 and 11 gill net fishery:
(i) WN3848LA
(ii) FV Bristol Sound
(iii) FV Nettie B
(iv) FV C-Rae
(v) FV Toni M
(vi) FV JanM
(vii) WN66415R
(viii) FV Top Flite
(ix) FV Katya Dawn
(x) FV Mount Royal
(b) It is unlawful to land more than 400 chum per license during open periods listed herein.
(c) It is unlawful to possess salmon caught in other Marine Areas while participating in this fishery.
(d) Agreement to participate in this fishery will require that a department observer be allowed on board the vessel while fishing if requested by department staff.