WSR 16-21-058
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-284Filed October 14, 2016, 1:34 p.m., effective October 14, 2016, 1:34 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial fishing rules for Puget Sound salmon.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100A, 220-47-40100M and 220-47-41100V; and amending WAC 220-47-311, 220-47-401, and 220-47-411.
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 emergency rule is needed to close the commercial salmon fisheries in Salmon Management and Catch Reporting Areas 7 and 7A as per preseason agreement with tribal comanagers based on the nontreaty chum catch to date in these areas. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 14, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-47-31100A Purse seineOpen 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 as provided in this section, provided that unless otherwise amended, all permanent rules remain in effect:
Areas 7 and 7A: Closed on October 15 and 16
NEW SECTION
WAC 220-47-40100M Reef netOpen periods.
Notwithstanding the provisions of WAC 220-47-401, 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 as provided in this section, provided that unless otherwise amended, all permanent rules remain in effect:
Area 7: Closed on October 15 and 16
NEW SECTION
WAC 220-47-41100V GillnetOpen periods.
Notwithstanding the provisions of WAC 220-47-411, 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 as provided in this section, provided that unless otherwise amended, all permanent rules remain in effect:
Areas 7 and 7A: Closed on October 15 and 16
REPEALER
The following sections of the Washington Administrative Code are repealed effective October 17, 2016:
WAC 220-47-31100A
Purse seineOpen periods
WAC 220-47-40100M
Reef netOpen periods
WAC 220-47-41100V
GillnetOpen periods