WSR 08-21-137

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-274 -- Filed October 20, 2008, 4:05 p.m. , effective October 20, 2008, 4:05 p.m. ]


Effective Date of Rule: Immediately.

Purpose: The purpose of this rule change is to correct a reference to the Code of Federal Regulations (C.F.R.) for highly migratory species. The rule currently refers to C.F.R. Title 50, Part 660, Subpart G. It should be Subpart K.

Citation of Existing Rules Affected by this Order: Amending WAC 220-44-035.

Statutory Authority for Adoption: RCW 77.65.010, 77.12.047, and 77.04.020.

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: This emergency rule is needed to permit officers to enforce possession and landing requirements and gear restrictions for highly migratory species fisheries. The department is making the same change to the permanent rule via the expedited rule-making process.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 20, 2008.

Phil Anderson

for Jeff Koenings

Director



[AMENDATORY SECTION (Amending Order 07-279, filed 11/7/07)]WAC 220-44-035   Highly migratory species fisheries -- Possession and landing requirements -- Gear restriction.   (1) It is unlawful to possess, transport through the waters of the state, or land into any Washington port, highly migratory species taken in violation of any permit or data collection requirements as published in the Code of Federal Regulations (CFR), Title 50, Part 660, Subpart K. These federal regulations provide the requirements for highly migratory species fisheries in the Pacific Ocean. There may be additional regulations listed in the Federal Register, and these override the regulations in the CFR if there are any inconsistencies between the two. Chapter 220-44 WAC incorporates the CFR by reference and is based, in part, on the CFR. Where rules refer to the fishery management area, that area is extended to include Washington state waters coterminous with the Exclusive Economic Zone. A copy of the federal rules may be obtained by contacting Lori Preuss at 360-902-2930, or the internet at www.pcouncil.org. State regulations may apply that are more restrictive than federal regulations.

(2) Except as authorized under the federal rules referenced in this subsection, it is unlawful to use drift gill net gear in state and offshore waters west of the Bonilla-Tatoosh line, north of the Washington-Oregon boundary, and south of the United States-Canada boundary.

(3) Violation of reporting requirements under this section is punishable pursuant to RCW 77.15.280.

(4) Violation of gear requirements under this section is punishable pursuant to RCW 77.15.520.

[Statutory Authority: RCW 77.12.047. 07-23-002 (Order 07-279), 220-44-035, filed 11/7/07, effective 12/8/07; 05-17-003 (Order 05-165), 220-44-035, filed 8/3/05, effective 9/3/05; 02-02-051 (Order 01-288), 220-44-035, filed 12/27/01, effective 1/27/02.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Washington State Code Reviser's Office