FISH AND WILDLIFE
Effective Date of Rule: Immediately.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-47-311, 220-47-401, and 220-47-411.
Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.
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: Pursuant to the Pacific Salmon Treaty (January 2009), Chapter 6, paragraph 6(a) and paragraph 10(a), Fraser River chum levels of less than 1 million are defined as critical. Paragraph 6(c) states that when run sizes are expected to be below the critical threshold, Canada is required to notify the United States. Paragraph 6(c) also states that Canada will conduct only assessment fisheries and noncommercial fisheries when this occurs, and that commercial fisheries targeting Fraser River chum salmon will be suspended. Canada has determined that the current run size of inside chum in Johnstone Strait is one million or less, which indicates a critical level. Canadian commercial fisheries are suspended, effective on midnight, October 8, 2010, until further notice. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 7, 2010.