WSR 16-18-063
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-234-Filed September 1, 2016, 4:56 p.m., effective September 4, 2016, 12:01 a.m.]
Effective Date of Rule: September 4, 2016, 12:01 a.m.
Purpose: Amend commercial fishing rules for Puget Sound salmon.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100Z, 220-47-40100L and 220-47-41100T; and amending WAC 220-47-311, 220-47-401, and 220-47-411.
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 department has adopted permanent rules necessary to implement the commercial fishing plans developed through the North of Falcon season setting process. These rules are interim until permanent rules take effect. Additionally, effective at 11:59 p.m. September 3, 2016, the Fraser River panel under the Pacific Salmon Commission will relinquish regulatory control in Areas 7 and 7A. Per agreement with comanagers, the reef net fishery begins following relinquishment of regulatory control by the Fraser River panel. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 1, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-47-31100Z 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 during the periods provided in this section, provided that unless otherwise amended, all permanent rules remain in effect:
| |
Open Areas |
Open Periods |
7B |
6 AM - 8 PM daily 9/5, 9/7, 9/9 7 AM - 7 PM daily 9/12, 9/14, 9/16 7 AM 9/18 - 11:59 PM 10/1 |
NEW SECTION
WAC 220-47-40100L 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:
| |
Open Areas |
Open Periods |
7 |
5 AM - 9 PM daily 9/4 - 10/1 |
NEW SECTION
WAC 220-47-41100T 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 |
6D |
7 AM - 7 PM daily 9/21, 9/22, 9/23, 9/26, 9/27, 9/28, 9/29, 9/30 |
Minimum 5 inch |
7B |
7 AM 9/4 - 7 AM 9/9 7 AM 9/11 - 7 AM 9/16 7 AM 9/11 - 11:59 PM 10/1 |
Minimum 5 inch |
9A |
Immediately through 11:59 PM 10/1 |
Minimum 5 inch |
REPEALER
The following sections of the Washington Administrative Code are repealed effective 12:01 a.m. October 2, 2016:
| |
WAC 220-47-31100Z |
Purse seine-Open periods. |
WAC 220-47-40100L |
Reef net-Open periods. |
WAC 220-47-41100T |
Gillnet-Open periods. |
