WSR 04-05-056

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-25 -- Filed February 13, 2004, 3:59 p.m. , effective February 17, 2004, 12:01 a.m. ]

Date of Adoption: February 13, 2004.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-48-029, 220-48-032, 220-48-062, 220-49-020, and 220-49-056.

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: Levels of dissolved oxygen in Hood Canal are at very low levels and are sufficiently low to cause mortality and sublethal stress to fish and shellfish. This closure is needed to protect fish and shellfish from additional mortality due to fishing. Salmon and trout are not included in these closures as these species are able to avoid the areas of low dissolved oxygen. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 17, 2004, 12:01 a.m.

February 13, 2004

J. P. Koenings

Director


NEW SECTION
WAC 220-48-02900D   Set net--Dogfish--Seasons.   Notwithstanding the provisions of WAC 220-48-029, effective 12:01 a.m. February 17, 2004, until further notice, it is unlawful to fish for or possess for commercial purposes bottomfish taken with dogfish set net gear in Marine Fish-Shellfish Management Areas 27A, 27B and 27C.

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NEW SECTION
WAC 220-48-03200C   Set line--Dogfish--Seasons.   Notwithstanding the provisions of WAC 220-48-032, effective 12:01 a.m. February 17, 2004, until further notice, it is unlawful to fish for or possess for commercial purposes bottomfish taken with set line gear in Marine Fish-Shellfish Management Areas 27A, 27B, and 27C.

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NEW SECTION
WAC 220-48-06200C   Drag seines--Seasons.   Notwithstanding the provisions of WAC 220-48-062, effective 12:01 a.m. February 17, 2004, until further notice, it is unlawful to fish for or possess for commercial purposes bottomfish taken with drag seine gear in Marine Fish-Shellfish Management Areas 27A, 27B, and 27C

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NEW SECTION
WAC 220-49-02000P   Herring and anchovy -- Seasons -- Lawful gear -- Purposes.   Notwithstanding the provisions of WAC 220-49-020, effective 12:01 a.m. February 17, 2004, until further notice, it is unlawful to fish for or possess for commercial purposes herring or anchovy in Marine Fish-Shellfish Management Areas 27A, 27B and 27C.

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NEW SECTION
WAC 220-49-05600C   Smelt fishing -- Seasons.   Notwithstanding the provisions of WAC 220-49-056, effective 12:01 a.m. February 17, 2004, until further notice, it is unlawful to fish for or possess for commercial purposes smelt in Marine Fish-Shellfish Management Areas 27A, 27B and 27C.

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