WSR 18-23-025
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-323—Filed November 13, 2018, 1:42 p.m., effective November 16, 2018]
Effective Date of Rule: November 16, 2018.
Purpose: Amends Puget Sound commercial salmon fisheries for Puget Sound Salmon Management and Catch Reporting Area 7B.
Citation of Rules Affected by this Order: Amending WAC 220-354-120 and 220-354-160.
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: This emergency rule is needed to close commercial salmon fishing in Puget Sound Salmon Management and Catch Reporting Area 7B. The closure is due to low returns of both hatchery and natural chum returning to the Nooksack River and chum tributaries around Bellingham. The closure is implemented in all of Area 7B including the Whatcom Creek hatchery zone. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 13, 2018.
Ron Warren
for Kelly Susewind
Director
NEW SECTION
WAC 220-354-12000LPuget Sound salmon—Purse seine—Open periods.
Notwithstanding the provisions of WAC 220-354-120, effective November 16, 2018, until further notice, it is unlawful to fish for commercial purposes in Puget Sound Salmon Management and Catch Reporting Area 7B with Purse seine gear.
NEW SECTION
WAC 220-354-16000PPuget Sound salmon—Gillnet—Open periods.
Notwithstanding the provisions of WAC 220-354-160, effective November 16, 2018, until further notice, it is unlawful to fish for commercial purposes in Puget Sound Salmon Management and Catch Reporting Area 7B with Gillnet gear.