EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: June 11, 2003.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-88C-02000C, 220-88C-03000C and 220-88C-04000A; and amending WAC 220-88C-020, 220-88C-030, and 220-88C-040.
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: Permanent rules for the conversion of the coastal pilchard fishery from a trial fishery to an experimental fishery were adopted on June 4, 2003. These rules implement the permanent rule provisions until the permanent rules take effect on July 5, 2003.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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:
Immediately.
June 11, 2003
J. P. Koenings
Director
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(1) For 2003 a coastal pilchard experimental fishery permit will only be issued to a person who:
(a) Can demonstrate by valid Washington fish receiving tickets that at least forty metric tons cumulative weight of pilchard taken from Pacific Ocean waters were landed under the person's emerging commercial fishery license during the previous three calendar years (2000, 2001, 2002), or can demonstrate by valid Washington fish receiving tickets that pilchard were landed under the person's emerging commercial fishery license during two of the three calendar years (2000, 2001, 1002).
(b) Has purchased an emerging commercial fishery license by July 1, 2003; and
(c) As of July 1, 2003, has no outstanding observer fees owed to the department for the 2000, 2001 or 2002 coastal pilchard trial fisheries.
(2) Coastal pilchard experimental fishery permit holder may not change designation of the vessel to be operated in the fishery between July 1, 2003 and October 31, 2003, except in an emergency, and then only if allowed by the director.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 220-88C-04000A
Coastal pilchard fishery -- By-catch
and landing restrictions.
Notwithstanding the provisions of
WAC 220-88C-040, effective immediately until further notice:
(1) Incidental landing of pacific mackerel taken in the coastal pilchard fishery may not exceed forty-five percent, by weight, of a total landing.
(2) Any salmon encircled in the purse seine must be released prior to the completion of the set, and no salmon may be landed on the fishing vessel.
(3) Pilchard must be landed and delivered to a shoreside processing facility.
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The following section of the Washington Administrative Code is repealed effective 12:01 a.m. July 5, 2003:
| WAC 220-88C-02000C | Designation of the coastal pilchard fishery. |
| WAC 220-88C-03000C | Eligibility to participate in the 2003 coastal pilchard fishery. |
| WAC 220-88C-04000A | Coastal pilchard fishery -- By-catch and landing restrictions. |