WSR 18-21-084
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-290—Filed October 12, 2018, 1:36 p.m., effective October 13, 2018]
Effective Date of Rule: October 13, 2018.
Purpose: Amend commercial purse seine and gill net rules for Puget Sound.
Citation of Rules Affected by this Order: Repealing WAC 220-354-12000F, 220-354-16000G, 220-354-12000G and 220-354-16000H; and amending WAC 220-354-120 and 220-354-160.
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 open gill net and purse seine commercial chum fisheries in Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A. The United States received notice from Canada that their chum run size threshold to allow United States commercial salmon fisheries in Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A per the Pacific Salmon Treaty has been met. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 4.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 12, 2018.
Joe Stohr
for Kelly Susewind
Director
NEW SECTION
WAC 220-354-12000GPuget Sound salmon—Purse seine—Open periods.
Notwithstanding the provisions of WAC 220-354-120 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:
Areas
Time
Open Periods
7 and 7A
7 a.m.-
6 p.m.
10/13, 10/16, 10/17
Closed 10/15, 10/18
NEW SECTION
WAC 220-354-16000HPuget Sound salmon—Gillnet—Open periods.
Notwithstanding the provisions of WAC 220-354-160, 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:
Areas
Time
Open Periods
7 and 7A
7 a.m.-
midnight
10/13, 10/16, 10/17
Closed 10/15, 10/18
REPEALER
The following sections of the Washington Administrative Code are repealed effective October 13, 2018:
WAC 220-354-12000F
Puget Sound salmon—Purse seine—Open periods. (18-283)
WAC 220-354-16000G
Puget Sound salmon—Gillnet—Open periods. (18-283)
The following sections of the Washington Administrative Code are repealed effective October 19, 2018:
WAC 220-354-12000G
Puget Sound salmon—Purse seine—Open periods.
WAC 220-354-16000H
Puget Sound salmon—Gillnet—Open periods.