WSR 03-15-137

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-160 -- Filed July 22, 2003, 4:34 p.m. ]

     Date of Adoption: July 22, 2003.

     Purpose: Amend commercial fishing regulations.

     Citation of Existing Rules Affected by this Order: Amending WAC 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: The fishery for Pacific mackerel occurs in the EEZ (exclusive economic zone) and is managed coastwide under a federal fishery management plan. This emergency regulation brings state regulations into compliance with federal regulations adopted by the Pacific Fishery Management Council and implemented by the National Marine Fisheries Service. There is insufficient time to promulgate 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

July 22, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-88C-04000B   Coastal pilchard fishery -- By catch and landing restrictions.   Notwithstanding the provisions of WAC 220-88C-040, effective immediately until further notice, it is lawful for incidental landings of Pacific mackerel to exceed forty-five percent, by weight, of the total landing.

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