WSR 17-17-062
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-195—Filed August 11, 2017, 4:22 p.m., effective August 11, 2017, 4:22 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amends Puget Sound commercial gillnet and purse seine fisheries.
Citation of Rules Affected by this Order: Repealing WAC 220-47-31100A and 220-47-41100A; and amending WAC 220-47-311 and 220-47-411.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 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: Harvest nontreaty share of Nooksack and Samish Chinook as agreed to with the tribal comanagers in Puget Sound Salmon Management and Catch Reporting Areas 7B and 7C, harvest nontreaty share of Port Gamble Bay coho as agreed to with the tribal comanagers in Puget Sound Salmon Management and Catch Reporting Area 9A, and harvest nontreaty share of South Sound pinks in Puget Sound Salmon Management and Catch Reporting Area 10 as agreed to with the tribal comanagers. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 11, 2017.
James B. Scott, Jr.
for 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 during the periods provided in this section, provided that unless otherwise amended, all permanent rules remain in effect:
Open Areas
Open Periods
7B, 7C
6 AM – 8 PM daily
8/16, 8/23, and 8/30
10 – limited participation 5 boats only
7 AM – 7 PM daily
8/23, 8/29, and 8/31
NEW SECTION
WAC 220-47-41100A 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 during the periods provided in this section, provided that unless otherwise amended, all permanent rules remain in effect:
Open Areas
Open Periods
Mesh Size
7B, 7C
7 PM – 8 AM nightly
8/13, 8/14, 8/15, 8/20, 8/21, 8/22, 8/23, 8/27, 8/28, 8/29, and 8/30;
Minimum 7 inch
9A
7 AM 8/13 through 11:59 PM 9/2
Minimum 5 inch
10 – limited participation 5 boats only
7 PM – 7 AM nightly
8/22, 8/28, 8/30
Minimum 4.5 inch and maximum 5.5 inch
REPEALER
The following sections of the Washington Administrative Code are repealed effective 11:59 PM September 2, 2017:
WAC 220-47-31100A
Purse seineOpen periods.
WAC 220-47-41100A
GillnetOpen periods.