WSR 12-16-039

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-156 -- Filed July 26, 2012, 4:20 p.m. , effective July 26, 2012, 4:20 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-23000J; and amending WAC 220-56-230.

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: Catch estimates indicate that the Washington recreational yelloweye rockfish federal harvest quota has been reached. Yelloweye rockfish are an overfished species managed by the Pacific Fishery Management Council (PFMC) under a rebuilding plan. The rebuilding plan allows for a small amount of catch in the recreational fishery to account for incidental impacts to yelloweye rockfish when anglers are targeting healthy resources. A significant amount of the yelloweye incidental catch in Washington occurs along the north coast, where encounters with yelloweye rockfish are higher than in other areas. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 26, 2012.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 220-56-23000K   Bottomfish -- Closed areas.   Notwithstanding the provisions of WAC 220-56-230 and WAC 220-56-250, effective 12:01 a.m. September 4, 2012, until further notice, it is unlawful to fish for or possess bottomfish, including lingcod, in all of Marine Area 3 and Marine Area 4 west of the Bonilla-Tatoosh line.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-23000J Bottomfish -- Closed areas. (12-149)

Washington State Code Reviser's Office