WSR 19-23-057
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-288—Filed November 14, 2019, 4:43 p.m., effective November 16, 2019]
Effective Date of Rule: November 16, 2019.
Purpose: Amend Puget Sound commercial gillnet fishery rules.
Citation of Rules Affected by this Order: Repealing WAC 220-354-16000B; 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: This emergency rule is needed to close the commercial gillnet salmon fishery in the Whatcom Creek Hatchery zone area of Puget Sound Salmon Management and Catch Reporting Area 7B beginning November 16, 2019. Inseason observations indicate lower than expected chum returns to this date for the Whatcom Creek Hatchery. These measures are necessary to ensure that hatchery egg take and escapement goals 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 14, 2019.
Nate Pamplin
for Kelly Susewind
Director
NEW SECTION
WAC 220-354-16000BPuget Sound salmonGillnetOpen periods.
Notwithstanding the provisions of WAC 220-354-160, effective November 16 through December 7, 2019:
That portion of Puget Sound Management and Catch Reporting Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor, (the Whatcom Creek Hatchery Zone), is closed to gillnets.
REPEALER
The following section of the Washington Administrative Code is repealed effective December 7, 2019:
WAC 220-354-16000B
Puget Sound salmon—Gillnet—Open periods.