WSR 17-17-138 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-212—Filed August 22, 2017, 2:18 p.m., effective August 22, 2017, 2:18 p.m.] Effective Date of Rule: Immediately upon filing. Purpose: Amends rules for lawfully possessing and selling Atlantic salmon. Citation of Rules Affected by this Order: Amending WAC 220-353-030. 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: Cooke Aquaculture Pacific, the owner of a net pen facility near Cypress Island, Washington (near the San Juan Islands) has indicated that structural damage to one of their Atlantic salmon net pens was caused by extraordinary strong tidal currents on August 20, 2017, resulting in the escape of several thousand Atlantic salmon adults. This emergency rule is needed to facilitate removal of this nonnative species by allowing retention of these fish during previously scheduled commercial 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 Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 22, 2017. J. W. Unsworth Director
NEW SECTION
WAC 220-353-03000A General provisions—Lawful and unlawful acts—Food fish other than salmon.
Notwithstanding the provisions of WAC 220-353-030, effective immediately until further notice, it is permissible to possess and sell Atlantic salmon when it is lawful to fish and retain salmon as provided in chapter 220-47 WAC and chapter 220-354 WAC.
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