FISH AND WILDLIFE
[Order 97-240--Filed December 17, 1997, 3:50 p.m.]
Date of Adoption: December 16, 1997.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-48-01500D; and amending WAC 220-48-015 and 220-69-240.
Statutory Authority for Adoption: RCW 75.08.080.
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 opening in Areas 20A, 20B, 21A, 22A and 22B are needed to comply with the Order Granting Stay, Waters v. Dept. Fish and Wildlife, Whatcom County Superior Court Cause No. 97-2-01911-3 (December 16, 1997). The sale reporting requirement is to allow the department to determine if the catch per unit effort reduction reflected in cod landings is the result of a lower population of cod or the result of sorting cod aboard catching vessels. By requiring sale of all cod taken, the question of at-sea discards will be resolved. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Immediately.
December 16, 1997
for Bern Shanks
WAC 220-48-01500E Bottom trawl seasons. Notwithstanding the
provisions of WAC 220-48-015, effective immediately until further notice
in Marine Fish Management and Catch Reporting Areas 20A, 20B, 21A, 22A
and 22B, it is unlawful to fish for or possess bottom fish taken with
bottom trawl gear except that it is lawful to use such gear and retain
bottom fish taken in waters forty fathoms and deeper. All Pacific cod
taken in this fishery must be retained by the catching vessel and
delivered to a licensed Washington wholesale dealer. It is unlawful to
discard any Pacific cod taken in this fishery.
WAC 220-69-24000H Duties of commercial purchasers. Notwithstanding
the provisions of WAC 220-69-240, effective immediately until further
notice all wholesale dealers receiving Pacific cod from Marine Fish
Management and Catch Reporting Areas 20A, 20B, 21A, 22A and 22B must
record the entire amount of Pacific cod delivered by the harvesting
vessel on a State of Washington fish receiving ticket. Adjustments for
non-marketable Pacific cod may be reflected on the ticket, but the total
number of fish and pounds is required for every delivery.
The following section of the Washington Administrative Code is
WAC 220-48-01500D Bottom trawl seasons. (97-234)