WSR 09-19-085

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-217 -- Filed September 17, 2009, 4:59 p.m. , effective September 17, 2009, 4:59 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-50100T and 220-47-50100U.

     Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

     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; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

     Reasons for this Finding: The 2009 – 2010 list of agreed-to fisheries concerning state and tribal salmon harvest management plans for Puget Sound allows for reef-net fishing from September 18, 2009, through October 14, 2009. However, a prior emergency rule, WAC 220-47-50100T, filed as WSR 09-19-048 on September 10, 2009, closed Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A to all commercial salmon fishing until further notice. This emergency regulation is needed to open the reef net fishery. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 17, 2009.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-47-50100U   Puget Sound all-citizen commercial salmon fishery -- Open periods.   (1) Notwithstanding the provisions of chapter 220-47 WAC, Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A remain closed to taking, fishing for, or possessing salmon taken for commercial purposes, with the following exception:

     (a) Reef Net gear: A person may take, fish for, and possess salmon taken with reef net gear for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A daily from September 18, 2009, through October 14, 2009, from 5:00 a.m. to 9:00 p.m. each day.

     (i) It is unlawful to retain unmarked Chinook, sockeye, and pink salmon at all times. It is unlawful to retain unmarked coho and chum salmon prior to October 1, 2009.

     (ii) It is unlawful to retain marked Chinook after October 1, 2009. Prior to October 1, 2009, marked Chinook may only be retained if the reef net operator is in immediate possession of a Puget Sound Reef Net Logbook.

     (b) 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.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed, effective September 18, 2009:


WAC 220-47-50100T Puget Sound all-citizen commercial salmon fishery -- Open periods.

     The following section of the Washington Administrative Code is repealed, effective October 15, 2009:


WAC 220-47-50100U Puget Sound all-citizen commercial salmon fishery -- Open periods.

© Washington State Code Reviser's Office