WSR 17-23-016
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-308—Filed November 3, 2017, 4:21 p.m., effective November 6, 2017]
Effective Date of Rule: November 6, 2017.
Purpose: Amends commercial purse seine and gillnet fisheries in Puget Sound.
Citation of Rules Affected by this Order: Repealing WAC 220-354-12000E and 220-354-16000E; and amending WAC 220-354-120 and 220-354-160.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, 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 close the commercial salmon fisheries in Salmon Management and Catch Reporting Areas 12, 12B, and 12C as the nontreaty share at the current inseason run size has been harvested. Additionally, in Salmon Management and Catch Reporting Areas 10 and 11 the purse seine schedule has been adjusted per inseason discussions with the comanagers. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 3, 2017.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-354-12000E Purse seineOpen periods.
Notwithstanding the provisions of WAC 220-354-120, 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:
Areas
Open Periods
10, 11
Open 11/6 from 8 AM - 6 PM
Closed 11/7
12, 12B, 12C
Closed 11/7
NEW SECTION
WAC 220-354-16000E GillnetOpen periods.
Notwithstanding the provisions of WAC 220-354-160, 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:
Areas
Open Periods
12, 12B, 12C
Closed 11/6
REPEALER
The following sections of the Washington Administrative Code are repealed effective 11:59 PM November 7, 2017:
WAC 220-354-12000E
Purse seineOpen periods.
WAC 220-354-16000E
GillnetOpen periods.