WSR 20-22-025
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-237—Filed October 24, 2020, 6:43 p.m., effective October 26, 2020]
Effective Date of Rule: October 26, 2020.
Purpose: The purpose of this rule is to close scheduled commercial gillnet and purse seine fisheries in Salmon Management and Catch Reporting Areas 10 and 11 from October 26 through October 30, 2020.
Citation of Rules Affected by this Order: Repealing WAC 220-354-12000Y and 220-354-16000H; and amending WAC 220-354-120 and 220-354-160.
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 adjust commercial gillnet and purse seine salmon fisheries in Puget Sound Salmon Management and Catch Reporting Areas 10, 11.
2020 Preseason forecasts for chum salmon returning to Puget Sound are lower than in the recent past. In-season fishery information so far, shows a lower than expected run-size than predicted preseason. The 2019 return of fall chum salmon was much lower than forecast and many places did not reach spawning escapement goals. Fishery openings planned in Areas 10 and 11 are contingent on a test fishery based run-size update that predicts sufficient harvestable surplus, and in-season agreement from tribal comanagers as agreed to in the 2020-21 list of agreed to fisheries. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-354-16000HPuget Sound salmon—Gillnet—Open periods.
Effective October 27 through October 30, 2020 the following provisions of WAC 220-354-160 regarding commercial gillnet open periods for Salmon Management and Catch Reporting Areas 10, 11 shall be as described below. All other provisions of WAC 220-354-160 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:
Area | Open/Closed | Time | Date | Mesh Size |
10, 11: | Closed | 5 PM - 9 AM | Nightly 10/27, 10/29 | |
NEW SECTION
WAC 220-354-12000YPuget Sound salmon—Purse seine—Open periods.
Effective the day of October 26, 2020 the following provisions of WAC 220-354-120 regarding commercial purse seine open periods for Salmon Management and Catch Reporting Areas 10, 11 shall be as described below. All other provisions of WAC 220-354-120 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:
Area | Open/Closed | Time | Date |
10, 11 | Closed | 7 AM - 6 PM | 10/26 |
REPEALER
The following section of the Washington Administrative Code is repealed effective October 31, 2020:
WAC 220-354-16000H | Puget Sound salmon—Gillnet—Open periods. |
The following section of the Washington Administrative Code is repealed effective October 27, 2020:
WAC 220-354-12000Y | Puget Sound salmon—Purse seine—Open periods. |