EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: August 15, 2001.
Purpose: Commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-41100B; and amending WAC 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: Gill net mesh size prescribed for pink salmon-directed fishing openings is 5 inch minimum and 5 1/2 inch maximum. This range of mesh sizes readily catches pink salmon, but it protects chinook salmon that are found in the same area and at the same time. Chinook are too large to be ensnared by the small openings of the gill net mesh sizes indicated for pink salmon. In previous years, mesh size for pink salmon seasons was defined in a separate section of the administrative code, but this year, gill net regulations were modified, and mesh size requirements were included along with the listing of open seasons and hours. Although the maximum mesh size for gill net seasons for pink salmon in other areas was properly listed, the upper size range for pink salmon mesh for Area 8A was inadvertently omitted. This oversight of maximum mesh size is corrected in the regulation above. There is insufficient time to promulgate permanent rules to reflect this gill net management need.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.
Effective Date of Rule:
August 20, 2001, 12:01 a.m.
August 15, 2001
J. P. Koenings
Director
by Larry Peck
[]
The following section of the Washington Administrative Code
is repealed effective 12:01 a.m. August 29, 2001:
| WAC 220-47-41100B | Gill net -- Open periods. |