WSR 18-19-073
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-247—Filed September 17, 2018, 4:53 p.m., effective September 17, 2018, 4:53 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial salmon reef net fishery rules for Puget Sound.
Citation of Rules Affected by this Order: Repealing WAC 220-354-18000E and 220-354-18000F; and amending WAC 220-354-180.
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: The Fraser River Panel under the Pacific Salmon Commission relinquished regulatory control in Area 7 on September 16, 2018. Per agreement with comanagers, the reef net fishery begins following relinquishment of regulatory control by the Fraser River Panel and surplus hatchery coho salmon are available for harvest. Additionally there is no harvestable United States share of Fraser River sockeye salmon remaining. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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, 2018.
Joe Stohr
for Kelly Susewind
Director
NEW SECTION
WAC 220-354-18000FReef net open periods.
Notwithstanding the provisions of Chapter 220-354-180 WAC, 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:
1)
Open Areas
Open Periods
7
5 AM - 9 PM daily
9/16 - 9/22
2) It is unlawful to retain sockeye.
REPEALER
The following section of the Washington Administrative Code are repealed effective immediately:
WAC 220-354-18000E
Reef net open periods. (18-240)
The following section of the Washington Administrative Code are repealed effective 11:59 PM September 22, 2018:
WAC 220-354-18000F
Reef net open periods. (18-250)
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.