WSR 03-05-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-15 -- Filed February 6, 2003, 12:01 p.m. ]

Date of Adoption: February 5, 2003.

Purpose: Amend commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-36-01001A [220-36-03001A]; and amending WAC 220-36-01001 [220-36-030001].

Statutory Authority for Adoption: RCW 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: This regulation is to protect spawning herring when they are tightly schooled and vulnerable to capture. The fishery could reopen as scheduled on April 16, 2003. The use of dip net gear would remain open during the February 6 to April 15, 2003, time period. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

February 5, 2003

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-36-03001A   Grays Harbor -- Seasons and lawful gear -- Varieties other than salmon and sturgeon.   Notwithstanding the provisions of WAC 220-36-030001, effective 12:01 a.m. February 6 through April 15, 2003, it is unlawful to fish for and possess herring, anchovy, candlefish or pilchard taken for commercial purposes except with dip bag nets.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 16, 2003:


WAC 220-36-03001A Grays Harbor--Seasons and lawful gear--Varieties other than salmon and sturgeon.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office