WSR 13-17-023
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 13-191—Filed August 9, 2013, 4:38 p.m., effective August 9, 2013, 4:38 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-30700I, 220-47-31100A, 220-47-41100R and 220-47-42800H; and amending WAC 220-47-307, 220-47-311, 220-47-411, and 220-47-428.
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 department of fish and wildlife is in the process of filing permanent rules that are necessary to implement the commercial fishing plans agreed-to with resource comanagers at the North of Falcon proceedings. These emergency rules are interim until permanent rules take effect.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 0, Repealed 4.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 9, 2013.
Joe Stohr
for Philip Anderson
Director
NEW SECTION
WAC 220-47-30700I Closed areas—Puget Sound Salmon.
Notwithstanding the provisions of WAC 220-47-307, effective immediately until further notice that portion of Puget Sound Salmon Management and Catch Reporting Area 10 within 500 feet of the eastern shore of Area 10 is closed to purse seines north of latitude 47°44'500"N.
NEW SECTION
WAC 220-47-31100A Purse seine—Open periods.
Notwithstanding the provisions of WAC 220-47-311, effective immediately until further notice, it is unlawful to take, fish for, or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas except in accordance with the areas and open periods indicated below. Unless otherwise amended, all permanent rules remain in effect.
Open Areas
Open Periods
7B, 7C
6 AM - 9 PM 8/14
6 AM - 8 PM 8/21
8
6 AM - 7 PM daily
8/21, 8/22
8A
7 AM - 7 PM daily
8/19, 8/20
10 - limited participation
5 boats only
7 AM - 7 PM daily
8/15, 8/21, 8/22
NEW SECTION
WAC 220-47-41100R Gillnet—Open periods.
Notwithstanding the provisions of WAC 220-47-411, effective immediately until further notice, it is permissible to take, fish for, or possess salmon taken with gillnet gear for commercial purposes from the following designated Puget Sound Salmon Management and Catch Reporting Areas during the times indicated below and with the minimum mesh size indicated below. Unless otherwise amended, all permanent rules remain in effect.
Open Areas
Open Periods
Mesh Size
7B, 7C
7 PM - 8 AM daily
8/11, 8/13, 8/14, 8/18, 8/19, 8/20, 8/21
Minimum 7 inch
8
5 AM - 10 PM daily
8/19, 8/20
Minimum 5 inch and maximum 5 1/2 inch
8A
5 AM - 10 PM daily
8/21, 8/22
Minimum 5 inch and maximum 5 1/2 inch
10 - limited
participation 5 boats only
7 PM - 7 AM daily
Minimum 4 1/2 inch and maximum 5 1/2 inch
Note: In Area 10 fisheries it is unlawful to use a net soak time of more than 90 minutes.
NEW SECTION
WAC 220-47-42800H Beach seine—Open periods.
Notwithstanding the provisions of WAC 220-47-428, effective immediately until further notice, it is unlawful to take, fish for, or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas except in accordance with the areas and open periods indicated below. Unless otherwise amended, all permanent rules remain in effect.
Open Areas
Open Periods
12A
7 PM - 7 AM daily 
8/21, 8/22, 8/23
REPEALER
The following sections of the Washington Administrative Code are repealed effective 12:01 a.m. August 24, 2013:
WAC 220-47-30700I
Closed areas—Puget Sound salmon.
WAC 220-47-31100A
Purse seine—Open periods.
WAC 220-47-41100R
Gillnet—Open periods.
WAC 220-47-42800H
Beach seine—Open periods.