WSR 17-18-087 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-236—Filed September 5, 2017, 5:01 p.m., effective September 6, 2017, 5:00 a.m.] Effective Date of Rule: September 6, 2017, 5:00 a.m. Purpose: Amends Puget Sound commercial salmon fisheries for Areas 7 and 7A. Citation of Rules Affected by this Order: New WAC 220-47-50100D; and repealing WAC 220-47-50100D. 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 regulation opens portions of Areas 7 and 7A to facilitate removal of Atlantic salmon, a nonnative species which escaped of Atlantic salmon adults operated by Cooke Aquaculture in Deepwater Bay on Cypress Island. 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 Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 5, 2017. Nate Pamplin
for J. W. Unsworth Director
NEW SECTION
WAC 220-47-50100D Puget Sound all-citizen commercial salmon fishery—Open periods.
Notwithstanding the provisions of Chapters 220-47 WAC and Chapter 220-354 WAC, 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 in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect:
(1) Areas 7 and 7A: Open in that portion of Area 7; From the south tip of Lummi Island at Carter Point westerly to the northern point of Sinclair Island, to the most north western point of Sinclair Island, then to Towhead Island, from there following 1000' of the western shore of Cypress Island to Strawberry Island then to Fidalgo Head and bounded to the East by the 7/7B line;
And:
those waters Salmon Catch and Reporting Area 7 within the outermost headlands of Eagle Cove, Mulno Cove, and North Bay (along San Juan Channel) on San Juan Island and Davis Bay on Lopez Island.
And:
those waters Salmon Catch and Reporting Area 7A within the outermost headlands of Birch Bay.
Gill Nets – Open to gill net gear with 5 inch minimum and 6 1/2 inch maximum mesh size according to the times, dates, and conditions as prescribed and listed below:
(a) It is unlawful to retain sockeye, Chinook, coho, chum, pink and rockfish.
(b) It is unlawful to fish for salmon with gill net gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in possession of a department issued certification card.
(2) Areas 7 and 7A: Open in that portion of Area 7; From the south tip of Lummi Island at Carter Point westerly to the northern point of Sinclair Island, to the most north western point of Sinclair Island, then to Towhead Island, from there following 1000' of the western shore of Cypress Island to Strawberry Island then to Fidalgo Head and bounded to the East by the 7/7B line;
And:
those waters Salmon Catch and Reporting Area 7 within the outermost headlands of Eagle Cove, Mulno Cove, and North Bay (along San Juan Channel) on San Juan Island and Davis Bay on Lopez Island.
And:
those waters Salmon Catch and Reporting Area 7A within the outermost headlands of Birch Bay.
Beach Seines – Open to beach seine gear in accordance with WAC 220-354-200 and according to the times, dates, and conditions as prescribed and listed below:
(a) It is unlawful to retain sockeye, Chinook, coho, chum, pink and rockfish.
(b) It is unlawful to fish for salmon with beach seine gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in possession of a department issued certification card.
(3) "Quick Reporting Fisheries" All fisheries opened under this section, and any fishery opening under authority of the Fraser Panel for sockeye in Puget Sound Salmon Management and Catch Reporting Areas (WAC 220-301-030), are designated as "Quick Reporting Required" pursuant to WAC 220-354-090.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040. REPEALER
The following section of the Washington Administrative Code is repealed effective September 13, 2017:
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