WSR 04-19-097

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-256 -- Filed September 20, 2004, 3:00 p.m. , effective September 20, 2004 ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-69-26401 and 220-69-280.

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: Recently enacted catch reporting rules failed to make provisions for geoduck tract harvesters to possess fish receiving tickets, or for Department of Natural Resources employees to retain a copy of the shellfish receiving ticket for agency use. Rule making will be initiated to correct these deficiencies.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 20, 2004.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-69-26401A   Distribution of shellfish receiving tickets.   Notwithstanding the provisions of WAC 220-69-26401, effective immediately until further notice the pink copy of shellfish receiving tickets documenting geoduck harvest may be retained by the Department of Natural Resources, and are not required to be submitted to the Department of Fish and Wildlife.

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NEW SECTION
WAC 220-69-28000A   Fish receiving ticket accountability.   Notwithstanding the provisions of WAC 220-69-280, effective immediately until further notice it is lawful for geoduck vessel operators to have shellfish receiving tickets in order to initiate the shellfish receiving ticket prior to leaving the geoduck tract as required under WAC 220-69-241(3).

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