16-21-071  

  • WSR 16-21-071
    EMERGENCY RULES
    DEPARTMENT OF
    FISH AND WILDLIFE
    [Order 16-285-Filed October 17, 2016, 4:25 p.m., effective October 17, 2016, 4:25 p.m.]
    Effective Date of Rule: Immediately upon filing.
    Purpose: Amend commercial fishing rules for Puget Sound salmon.
    Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100B, 220-47-40100N and 220-47-41100W; and amending WAC 220-47-311, 220-47-401, and 220-47-411.
    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: The majority of the nontreaty share of chum in Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A is expected to be harvested by the date of this closure and there is not enough of the nontreaty share remaining to allow for multiple day 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    Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
    Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
    Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 3.
    Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
    Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 17, 2016.
    J. W. Unsworth
    Director
    NEW SECTION
    WAC 220-47-31100B Purse seine-Open periods.
    Notwithstanding the provisions of WAC 220-47-311, 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 as provided in this section, provided that unless otherwise amended, all permanent rules remain in effect:
    Areas 7 and 7A:
    Closed on October 18
    NEW SECTION
    WAC 220-47-40100N Reef net-Open periods.
    Notwithstanding the provisions of WAC 220-47-401, 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 as provided in this section, provided that unless otherwise amended, all permanent rules remain in effect:
    Areas 7:
    Closed on October 18
    NEW SECTION
    WAC 220-47-41100W 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 as provided in this section, provided that unless otherwise amended, all permanent rules remain in effect:
    Areas 7 and 7A:
    Closed on October 18
    REPEALER
    The following sections of the Washington Administrative Code are repealed effective October 19, 2016:
    WAC 220-47-31100B
    Purse seine-Open periods
    WAC 220-47-40100N
    Reef net-Open periods
    WAC 220-47-41100W
    Gillnet-Open periods

Document Information

Effective Date:
10/17/2016