WSR 17-18-020
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-217—Filed August 25, 2017, 3:07 p.m., effective August 25, 2017, 3:07 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amends Puget Sound commercial gillnet fishery.
Citation of Rules Affected by this Order: Repealing WAC 220-47-41100A and 220-47-41100B; and amending WAC 220-47-411.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 77.12.047.
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 facilitate removal of Atlantic salmon a nonnative species by allowing a smaller mesh size for the commercial gillnet fisheries in Puget Sound Salmon Management and Catch Reporting Areas 7B and 7C. Cooke Aquaculture Pacific, the owner of 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 [extraordinarily] strong tidal currents on August 20, 2017, resulting in the escape of several thousand Atlantic salmon adults. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 25, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-47-41100B Gillnet—Open periods.
Notwithstanding the provisions of WAC 220-47-411, effective immediately until further notice, it is unlawful to take, fish for, or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas except during the periods provided in this section, provided that unless otherwise amended, all permanent rules remain in effect:
Open Areas
Open Periods
Mesh Size
7B, 7C
7 PM – 8 AM nightly
8/27, 8/28, 8/29, 8/30, 9/3-9/7, 9/10-9/14, and 9/17-9/21
Minimum 5 inch
9A
7 AM 8/26 through 11:59 PM 9/22
Minimum 5 inch
10 – limited participation 5 boats only
7 PM – 7 AM nightly
8/22, 8/28, 8/30
Minimum 4.5 inch and maximum 5.5 inch
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-47-41100A
Gillnet—Open periods. (17-195)
The following section of the Washington Administrative Code is repealed effective September 23, 2017:
WAC 220-47-41100B
Gill—Open periods.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.