WSR 12-18-065

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-199 -- Filed August 31, 2012, 2:36 p.m. , effective September 2, 2012, 5:00 a.m. ]


     Effective Date of Rule: September 2, 2012, 5:00 a.m.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-40100H; and amending WAC 220-47-401.

     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.

     Reasons for this Finding: The Pacific Salmon Commission has relinquished control of United States area waters. This emergency rule is necessary to initiate fisheries targeting a harvestable surplus of hatchery coho and hatchery chinook. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 31, 2012.

Philip Anderson

Director


NEW SECTION
WAC 220-47-40100H   Puget Sound all-citizen commercial salmon fishery -- Open periods.   Notwithstanding the provisions of WAC 220-47-401, it is unlawful to take, fish for, or possess salmon taken with reef net gear for commercial purposes in Puget Sound, except in the following designated Puget Sound Salmon Management and Catch Reporting Areas, during the periods provided for in each area:

     Areas 7 and 7A:

     (1) Reef Nets - Open to reef net gear according to the times, dates, and conditions as prescribed and listed here:


Hours Dates
5:00 AM - 9:00 PM daily 9/2 - 9/29

     (a) It is unlawful to retain unmarked Chinook, unmarked coho, chum and sockeye.

     (b) It is unlawful to retain marked Chinook unless the reef net operator is in immediate possession of a Puget Sound Reef Net Logbook. All retained marked Chinook must be recorded in the log book in accordance with requirements of WAC 220-47-401.

     (c) 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.

     (2) "Quick Reporting Fisheries":

     All fisheries opened under this section, and any fishery opening under authority of the Fraser Panel for sockeye in Puget Sound Salmon Management and Catch Reporting Areas (WAC 220-22-030), are designated as "Quick Reporting Required" per WAC 220-47-001.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 9:01 p.m. September 29, 2012:


WAC 220-47-40100H Puget Sound all-citizen commercial salmon fishery -- Open periods.