WSR 99-23-042

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-198 -- Filed November 12, 1999, 4:52 p.m. ]

Date of Adoption: November 9, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-44-020.

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 department is promulgating permanent rules to prohibit use of gill net gear in ocean waters, in order to protect sea turtles and marine mammals. This rule is needed to provide immediate protection until the permanent rules take effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

November 9, 1999

J. P. Koenings

Director


NEW SECTION
WAC 220-44-09500A
Unlawful gear -- Ocean waters.

It is unlawful for any Washington licensed fisher, including persons holding a Washington delivery license, to fish for or possess food fish taken with gill net gear in the waters of the Pacific Ocean.

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NEW SECTION
WAC 220-44-02000A
Coastal baitfish gear.

Notwithstanding the provisions of WAC 220-44-020, the maximum mesh size for baitfish lampara in Pacific Ocean waters is four inches.

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Washington State Code Reviser's Office