WSR 10-23-068

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-295 -- Filed November 12, 2010, 3:14 p.m. , effective November 12, 2010, 4:01 p.m. ]


Effective Date of Rule: November 12, 2010, 4:01 p.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100H and 220-47-41100Q; and amending WAC 220-47-311 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), Fraser River chum levels of less than one million are defined as critical. When run sizes are expected to be below the critical threshold, Canada is required to notify the United States and will conduct only assessment fisheries. When this occurs, commercial fisheries targeting Fraser River chum salmon will be suspended. Canada has determined that the current run size is below the critical threshold and so commercial fisheries in 7 and 7A are suspended until further notice. Nontribal fisheries in Areas 10, 11, 12, 12B, and 12C are estimated to have harvested the available shares for 2010 and as a result commercial fisheries targeting fall chum salmon in these areas are closed. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 12, 2010.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 220-47-31100I   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, 7A, 10, 11, 12, 12B, and 12C.

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NEW SECTION
WAC 220-47-41100R   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, 7A, 10, 11, 12, 12B, and 12C.

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REPEALER


The following sections of the Washington Administrative Code are repealed, effective 4:01 p.m. November 12, 2010:


WAC 220-47-31100H Purse seine -- Open periods. (10-292)
WAC 220-47-41100Q Gill nets -- Open periods. (10-292)

Washington State Code Reviser's Office