WSR 22-21-053
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-235—Filed October 12, 2022, 10:03 a.m., effective October 12, 2022, 10:03 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule is to open limited participation gillnet and purse seine fisheries in Puget Sound Salmon Management and Catch Reporting Areas 10 and 11.
Citation of Rules Affected by this Order: Amending WAC 220-354-160 and 220-354-120.
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 rule is necessary to add commercial purse seine and gillnet fishery openings targeting chum salmon in Puget Sound Salmon Management and Catch Reporting Areas 10 and 11. The latest in-season runsize estimate for South Sound chum salmon based on test fishing is large enough to allow limited commercial opportunity, but insufficient to support full fleet openings. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 12, 2022.
Kelly Susewind
Director
NEW SECTION
WAC 220-354-12000KPuget Sound salmon—Purse seine—Open periods.
Effective 7:00 AM until 6:00 PM, October 13, 2022 the following provisions of WAC 220-354-160 regarding commercial Purse Seine open periods in Puget Sound Salmon Management and Catch Reporting Areas 10 and 11 shall be as follows. All other provisions of WAC 220-351-210 not contained herein remain in effect unless otherwise altered by emergency rule:
Areas | Open/Closed | Time | Date(s) |
10, 11 | Open | 7 AM - 6 PM | 10/13/2022 |
(a) For week 42 the following participants that have been selected and notified by the Department, or their designated alternate operator, are permitted to participate in the Area 10 and 11 purse seine fishery:
(i) Nick Babich - FV Secret Island
(ii) William Burton FV Wisconsin
(iii) Ralph Cole FV DC Cole
(iv) Michael Galligan FV Sofia Lynn
(v) John Curry FV Reality
(b) It is unlawful to land more than 2000 chum per license during open periods listed herein.
(c) It is unlawful to possess salmon caught in other Marine Areas while participating in this fishery.
(d) Agreement to participate in this fishery will require that a department observer be allowed on board the vessel while fishing if requested by department staff.
NEW SECTION
WAC 220-354-16000VPuget Sound salmon—Gillnet—Open periods.
Effective October 12, 2022, the following provisions of WAC 220-354-160 regarding commercial gillnet open periods for Puget Sound Salmon Management and Catch Reporting Areas 10 and 11 shall be as described below. All other provisions of WAC 220-354-120 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:
Area | Open/Closed | Time | Date(s) |
10, 11 | Open | 5 PM - 9 AM | Opening 10/12/2022 |
(a) For week 42 the following participants that have been selected and notified by the Department, or their designated alternate operator, are permitted to participate in the Area 10 and 11 gill net fishery:
(i) Loki Fish Co (Johnah Knutson) FV Loki
(ii) Vince Hoiby FV Nettie B
(iii) Kristian Warfel FV Toni M
(iv) Shawn Hull FV Home Plate
(v) Timothy Vardy FV C. Rae
(vi) John McDonald FV Sanjo
(vii) Michael Johnson FV Blue Boat
(viii) Brad Sobjack FV Scavenger
(ix) Cole Steffens Vessel WN0241NC
(b) It is unlawful to land more than 300 chum per license during open periods listed herein.
(c) It is unlawful to possess salmon caught in other Marine Areas while participating in this fishery.
(d) Agreement to participate in this fishery will require that a department observer be allowed on board the vessel while fishing if requested by department staff.