WSR 04-14-007

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-151 -- Filed June 24, 2004, 4:34 p.m. , effective June 28, 2004, 12:01 a.m. ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-48-029 [220-48-029] and 220-48-032.

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: A harvestable surplus of dogfish exists in Puget Sound. The catch is below the harvest guideline and additional harvest can be allowed. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 24, 2004.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-48-02900F   Set net -- Dogfish -- Seasons.   Notwithstanding the provisions of WAC 220-48-029:

(1) Effective 12:01 a.m. June 28, 2004, it is unlawful to take, fish for and possess dogfish and other species of bottomfish taken with dogfish set net gear for commercial purposes in the following Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas except during the seasons designated below:

(a) Areas 23C, 23D, 24A, 24B, 24D and 29 - Open until further notice

(b) Area 24C - Open until further notice, except those waters south of a line projected due east of East Point on Whidbey Island are closed until further notice

(c) Areas 25A, 25B and that portion of Area 25C west of a line from Twin Spits to the Port Gamble millstack - open until further notice.

(d) Area 26A - Open until further notice, except those waters southerly and westerly of a line between the ferry dock at Mukilteo and the ferry dock at Clinton are closed until further notice.

(e) Area 26B - Open until further notice except those waters provided for in WAC 220-20-020(4) (Shilshole Bay) are closed at all times. Those waters west of a line projected 178 degrees true from the end of the Indianola dock to the landfall on the south shore of Port Madison are closed until further notice.

(f) Area 26C - Open until further notice, except those waters north of a line projected true east of Point Bolin and those waters west of a line projected 178 degrees true from the end of the Indianola dock to the landfall on the south shore of Port Madison are closed until further notice.

(g) Area 26D - Open until further notice, except Quartermaster Harbor and those waters south of lines projected from Dash Point to Point Piner on Maury Island and from Point Dalco true west to the Kitsap Peninsula are closed until further notice.

(h) Area 28A - Open until further notice, except those waters north of a line projected true east of Fox Point on Fox Island, and east of a line projected due north from the northwest tip of Fox Island are closed until further notice.

(i) Area 27A, 27B, 27C, 28B, 28C and 28D - closed until further notice, except those waters provided for in WAC 220-20-010(6) (upper Carr Inlet).

(2) Incidental catch: It is unlawful to retain any shellfish or fish other than bottomfish. It is unlawful to retain any sixgill shark, lingcod, yelloweye rockfish or canary rockfish.

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NEW SECTION
WAC 220-48-03200E   Set line -- Dogfish -- Seasons.   Notwithstanding the provisions of WAC 220-48-032,

(1) Effective 12:01 a.m. June 28, 2004 until further notice, all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas are open to set line fishing for dogfish with the following exceptions

(a) Areas 27A, 27B and 27C - Closed until further notice.

(b) That portion of Area 26C north of a line projected due east from Point Bolin to Bainbridge Island is closed all year.

(c) That portion of Area 26D south of lines projected due west of Point Dalco on Vashon Island, and from Dash Point to Point Piner on Maury Island, is closed all year.

(d) That portion of Area 28A east of a line projected due north from the northwest tip of Fox Island, and north of a line projected due east from Fox Point on Fox Island is closed all year.

(e) Those waters provided for in WAC 220-20-010(6) and 220-20-020(4).

(2) Incidental catch: It is unlawful to retain any shellfish and any fish other than bottomfish, and the cumulative weight of rockfish other than canary and yelloweye shall not exceed 30 pounds for any vessel trip in all open Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas. It is unlawful to retain any sixgill shark, lingcod, yelloweye rockfish or canary rockfish.

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