WSR 18-22-002
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-304—Filed October 24, 2018, 3:49 p.m., effective October 26, 2018]
Effective Date of Rule: October 26, 2018.
Purpose: Amend commercial salmon fishing rules for Puget Sound Catch Reporting Area 6D.
Citation of Rules Affected by this Order: Repealing WAC 220-354-16000I and 220-354-16000J; and amending WAC 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: Current flow in the Dungeness River is well below the mean flow for late October causing returning coho to hold in the marine waters near the mouth of the river, making them particularly susceptible to fishing pressure and resulting in low hatchery returns at this time. This emergency rule is needed to close commercial gillnet fisheries in Catch Reporting Area 6D to ensure that hatchery escapement goals for coho are 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 24, 2018.
Joe Stohr
for Kelly Susewind
Director
NEW SECTION
WAC 220-354-16000JPuget Sound salmonGillnetOpen periods.
Notwithstanding the provisions of WAC 220-354-160, effective October 26 through November 10, 2018, 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 set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect:
Areas
Open Periods
7 and 7A
Closed
6D
Closed
REPEALER
The following section of the Washington Administrative Code is repealed effective October 26, 2018:
WAC 220-354-16000I
Puget Sound salmonGillnetOpen periods.
The following section of the Washington Administrative Code is repealed effective November 11, 2018:
WAC 220-354-16000J
Puget Sound salmonGillnetOpen periods.