WSR 04-10-042

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-92 -- Filed April 29, 2004, 3:30 p.m. , effective May 1, 2004, 12:01 a.m. ]

Date of Adoption: April 29, 2004.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25000G; and amending WAC 220-56-250.

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 are at very low levels in Hood Canal and are detrimental to fish health. An emergency order in February 2004 closed recreational fishing for bottomfish, other than lingcod in the canal. The permanent rules allow recreational fishing for lingcod in Hood Canal from May 1 through June 15. This emergency closure is needed to prevent additional stress mortality to the lingcod during the period of adverse water conditions. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 1, 2004, 12:01 a.m.

April 29, 2004

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-56-25000G   Lingcod -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-250, effective 12:01 a.m. May 1 through June 15, 2004, it is unlawful to fish for and possess lingcod for personal use in those waters of Marine Area 12.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. June 16, 2004:


WAC 220-56-25000G Lingcod -- Areas and seasons.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office