WSR 99-18-058

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-141-- Filed August 27, 1999, 4:56 p.m. , effective August 30, 1999, 7:00 a.m. ]

Date of Adoption: August 27, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-42800A; and amending WAC 220-47-428.

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: These regulations, recommended by the North of Falcon subgroup of the North Pacific Fishery Management Council, have already been adopted by the expedited rule-making process. However, one rule contained in the package filed under the expedited rule-making process, mandatory use of a brailer or dip net to remove catch from purse seine nets, has been challenged and prevents other rules in the package from taking effect. Beach seine seasons are not contested, and it is necessary to enact an emergency rule to establish open dates for this fishery. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 30, 1999, 7:00 a.m.

August 27, 1999

Sara G. LaBorde

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-47-42800A
Beach seine -- Open periods.

Notwithstanding the provisions of WAC 220-47-428, effective immediately until further notice, it is unlawful to take, fish for, or possess salmon taken with beach seine gear for commercial purposes from Puget Sound except in the following designated Puget Sound Salmon Management and Catch Reporting Areas during the periods and hours provided herein:

Area Time Dates open to beach seine fishing
12A 7AM-7PM August 30, August 31, September 1, September 2, September 3, September 6, September 7, September 8, September 9, September 10, September 13, September 14, September 15, September 16, September 17, September 20, September 21, September 22, September 23, September 24, September 27, September 28, September 29, September 30, October 1, October 4, October 5, October 6, October 7, October 8, October 11, October 12, October 13, October 14, October 15.
All other areas Closed.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 7:01 p.m. October 15, 1999:


WAC 220-47-42800A Beach seine--Open periods

Washington State Code Reviser's Office