WSR 11-21-016

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-266 -- Filed October 7, 2011, 2:10 p.m. , effective October 10, 2011, 7:00 a.m. ]


Effective Date of Rule: October 10, 2011, 7:00 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100M and 220-47-41100W; and amending WAC 220-47-311 and 220-47-411.

Statutory Authority for Adoption: RCW 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: Canada has notified the United States that the inside southern chum abundance is likely to exceed the critical abundance threshold and therefore harvestable chum are available. This regulation modifies fishing schedules for Salmon Management and Catch Reporting Areas 7 and 7A per agreement with tribal comanagers. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 7, 2011.

Philip Anderson

Director


NEW SECTION
WAC 220-47-31100M   Purse seines -- Open periods.   Notwithstanding the provisions of WAC 220-47-311, it is unlawful to take, fish for, or possess salmon taken for commercial purposes with purse seine gear in waters of Puget Sound Management and Catch Reporting Areas 7 and 7A, except open from 7 A.M. to 6 P.M. on October 10 and October 13, 2011.

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NEW SECTION
WAC 220-47-41100W   Gill nets -- Open periods   Notwithstanding the provisions of WAC 220-47-411, it is unlawful to take, fish for, or possess salmon taken for commercial purposes with gill net gear in waters of Puget Sound Management and Catch Reporting Areas 7 and 7A, except open from 7 A.M. to midnight on October 10 and October 13, 2011.

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REPEALER


The following sections of the Washington Administrative Code are repealed effective October 14, 2011:


WAC 220-47-31100M Purse seines -- Open periods.
WAC 220-47-41100W Gill nets -- Open periods.

Washington State Code Reviser's Office