WSR 19-19-053
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-220—Filed September 13, 2019, 1:41 p.m., effective September 13, 2019, 1:41 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial reef net rules for Puget Sound Salmon Management and Catch Reporting Area 7.
Citation of Rules Affected by this Order: Repealing WAC 220-354-18000J and 220-354-18000K; 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: This emergency rule is needed to provide for Pacific Salmon Commission authorized commercial fisheries in Puget Sound Salmon Management and Catch Reporting Area 7. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 13, 2019.
Craig C. Burley
for Kelly Susewind
Director
NEW SECTION
WAC 220-354-18000KPuget Sound salmonReef net open periods.
Notwithstanding the provisions of WAC 220-354-180, 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 in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect:
(1) Reef nets - Open to reef nets according to the times, dates, and conditions as prescribed and listed below:
Area
Open Periods
7
Open 5 a.m. - 9 p.m. September 13, 2019
Open 12 p.m. - 8 p.m. September 14, 2019
(a) Release all sockeye, unmarked Chinook, unmarked coho and chum.
(b) It is unlawful to fish for salmon with gill net gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in possession of a department issued certification card.
REPEALER
The following section of the Washington Administrative Code is repealed effective immediately:
WAC 220-354-18000J
Puget Sound salmonReef netsOpen periods.
The following section of the Washington Administrative Code is repealed effective 8:01 p.m. September 14, 2019:
WAC 220-354-18000K
Puget Sound salmonReef netsOpen periods.