WSR 24-19-059
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 24-187—Filed September 13, 2024, 1:37 p.m., effective September 14, 2024]
Effective Date of Rule: September 14, 2024.
Purpose: The purpose of this emergency rule is to close retention of unmarked coho taken by reef net gear until October 1, 2024.
Citation of Rules Affected by this Order: Repealing WAC 220-354-18000F; and 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 reef net fishery will have caught the preseason modeled number of coho salmon for September by September 13, necessitating release of unmarked coho through the end of September. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 13, 2024.
Kelly Susewind
Director
NEW SECTION
WAC 220-354-18000GReef net open periods.
Notwithstanding the provisions of WAC 220-354-180, effective September 14 through November 9, 2024, it is unlawful to take, fish for, or possess salmon taken with reef net gear 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:
Area(s)
Date(s)
Open/Closed
Daily open period
7
9/14-11/9
Open
5:00 a.m. - 9 p.m.
(a) It is unlawful at all times to retain sockeye and unmarked Chinook taken with reef net gear.
(b) It is unlawful to retain chum and unmarked coho taken with reef gear before October 1.
(c) It is unlawful to retain any Chinook and marked or unmarked, after September 30.
(d) It is unlawful to retain marked Chinook and unmarked coho unless the reef net operator is in immediate possession of a Puget Sound Reef Net Logbook. All retained marked Chinook and unmarked coho must be recorded in the logbook.
(e) Marked Chinook and coho are those with a missing adipose fin with a healed scar, unmarked Chinook and coho have an intact adipose fin.
(f) Completed logs must be submitted and received within six working days to: Puget Sound Commercial Salmon Manager, Department of Fish & Wildlife, P.O. Box 43200, Olympia, WA 98504.
(g) All other saltwater and freshwater areas - Closed.
REPEALER
The following section of Washington Administrative Code is repealed, effective September 14, 2024:
WAC 220-354-18000F
Reef net open periods. (24-181)