WSR 11-23-043

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-295 -- Filed November 8, 2011, 4:16 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100P; 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: Nontreaty catches were high yesterday in Puget Sound Salmon Management and Catch Reporting Area 12, and share may have been attained. Purse seine hours in Puget Sound Salmon Management and Catch Reporting Areas 10 and 11 are reduced to offset the closure of Area 12. Gill net effort has been low during the season, and harvestable fish remain. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 8, 2011.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-47-31100Q   Purse seine -- Open periods.   Notwithstanding the provisions of WAC 220-47-311:

(1) It is unlawful to take, fish for, or possess salmon taken for commercial purposes with purse seine gear in waters of Puget Sound Salmon Management and Catch Reporting Areas 12, 12B and 12C.

(2) It is unlawful to take, fish for, or possess salmon taken for commercial purposes with purse seine gear in waters of Puget Sound Salmon Management and Catch Reporting Areas 10 and 11, except open from 10:00 a.m. to 3:00 p.m., Wednesday, November 9, 2011.

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NEW SECTION
WAC 220-47-41100Y   Gill net -- Open periods.   Notwithstanding the provisions of WAC 220-47-411:

(1) It is unlawful to take, fish for, or possess salmon taken for commercial purposes with gill net gear in waters of Puget Sound Salmon Management and Catch Reporting Areas 12, 12B, and 12C.

(2) It is unlawful to take, fish for, or possess salmon taken for commercial purposes with gill net gear in waters of Puget Sound Salmon Management and Catch Reporting Areas 10 and 11, except open from 4:00 p.m. Tuesday, November 8, through 8:00 a.m. Wednesday, November 9; 4:00 p.m. Wednesday, November 9, through 8:00 a.m. Thursday, November 10; and 4:00 p.m. Thursday, November 10, through 8:00 a.m. Friday, November 11.

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REPEALER


The following section of the Washington Administrative code is repealed:


WAC 220-47-31100P Purse seine -- Open periods. (11-294)

Washington State Code Reviser's Office