WSR 10-21-017

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-271 -- Filed October 7, 2010, 2:54 p.m. , effective October 7, 2010, 2:54 p.m. ]


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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

Philip Anderson

Director


NEW SECTION
WAC 220-47-31100F   Purse seines -- Open periods.   Notwithstanding the provisions of WAC 220-47-311, effective immediately until further notice, it is unlawful to fish for or possess salmon taken for commercial purposes with purse seine gear in waters of Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A.

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NEW SECTION
WAC 220-47-40100E   Reef nets -- Open periods.   Notwithstanding the provisions of WAC 220-47-401, effective immediately until further notice, it is unlawful to fish for or possess salmon taken for commercial purposes with reef net gear in waters of Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A.

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NEW SECTION
WAC 220-47-41100N   Gill nets -- Open periods.   Notwithstanding the provisions of WAC 220-47-411, effective immediately until further notice, it is unlawful to fish for or possess salmon taken for commercial purposes with gill net gear in waters of Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A.

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Washington State Code Reviser's Office