WSR 24-22-099
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 24-254—Filed November 1, 2024, 4:10 p.m., effective November 4, 2024]
Effective Date of Rule: November 4, 2024.
Purpose: This rule modifies the preseason commercial purse seine fishery openings targeting chum salmon in Puget Sound Salmon Management and Catch Reporting Areas 10, 11, 12, and 12B.
Citation of Rules Affected by this Order: Amending WAC 220-354-120.
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 rule is necessary to modify the preseason planned schedule of the commercial purse seine openings targeting chum salmon in Puget Sound Salmon Management and Catch Reporting Areas 10, 11, 12, and 12B. The latest in-season runsize estimate for South Sound chum salmon based on test fishing is large enough to allow limited purse seine commercial opportunity in Areas 10 and 11. The purse seine fishery in Areas 10 and 11 is being delayed by one day from the preseason plan to accommodate landing and processing capacity for the fleet. The purse seine opening scheduled for November 4 in Catch Areas 12 and 12B is being cancelled to allow additional time to assess catch to date and remaining nontreaty share of chum salmon.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 1, 2024.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-354-12000RPuget Sound salmonPurse seineOpen periods.
Effective November 4 through November 5, 2024, the following provisions of WAC 220-354-160 regarding commercial Purse Seine open periods in Puget Sound Salmon Management and Catch Reporting Areas 10, 11, 12, and 12B shall be as follows. All other provisions of WAC 220-354-160 not contained herein remain in effect unless otherwise altered by emergency rule:
Areas
Open/Closed
Time
Date(s)
10, 11
Closed
NA
11/4
10, 11
Open
7 AM - 5 PM
11/5
12, 12B
Closed
NA
11/4
(a) For week 45 the following participants that have been selected and notified by the Department, or their designated alternate operator, are permitted to participate in the Puget Sound Salmon Management and Catch Reporting Areas 10 and 11 Purse Seine fisheries:
(i) FV Zealot
(ii) FV Maren E
(iii) FV Anita
(iv) FV Western Surf
(v) FV Finley Vern
(vi) FV New Oregon
(vii) FV Alaskan Rose
(b) It is unlawful to land more than 3,000 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) All salmon caught in Marine Area 10 and 11 must be offloaded prior to fishing in additional open areas.
(e) 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.