FISH AND WILDLIFE
Purpose: Amend commercial fishing regulations.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100U, 220-47-41100V and 220-47-41100W; and amending WAC 220-47-311 and 220-47-411.
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: Effort in this fishery has fallen from twenty-four purse seine vessels on October 13 and 14 to only six vessels observed on October 20. Without additional fishing days nontreaty commercial fishers are unlikely to be able to take the entire (95,000 chum share). Treaty-tribe comanagers have been consulted and agreed to this increase in fishing. There is insufficient time to make this a part of the permanent rules process. This fishery is not expected to exceed chinook or summer chum by-catch levels modeled during the preseason process. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 21, 2004.
J. P. Koenings
|7&7A:||8AM||-||6 PM with use of operating recovery box||10/22|
|8AM||-||3:30 PM without recovery box||10/22|
The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 23, 2004:
|WAC 220-47-31000U||Purse seine -- Open periods.|
|7, 7A:||8 AM||-||8 PM||10/21, 10/22, 10/27, 10/28||6 1/4"|
|7 AM||-||7 PM||11/3, 11/4|
The following section of the Washington Administrative Code is repealed:
|WAC 220-47-41100V||Gill net -- Open periods. (04-279)|
The following section of the Washington Administrative code is repealed effective 11:59 p.m. November 5, 2004:
|WAC 220-47-41100W||Gill net -- Open periods.|