WSR 04-01-101

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-310 -- Filed December 16, 2003, 4:20 p.m. , effective December 17, 2003, 7:59 a.m. ]


     Date Adopted: December 16, 2003.

     Purpose: Amend commercial and personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-49-02000N, 220-49-05600B, 220-56-26700A, and 220-56-27000Q.

     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: This regulation is needed to reopen Hood Canal to commercial and recreational smelt, herring and anchovy fishing. The fisheries were closed in mid September in response to low levels of dissolved oxygen. Recent measures provided by the Department of Ecology have shown that surface levels of dissolved oxygen are no longer at levels detrimental to fish life. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 4.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 17, 2003, 7:59 a.m.

December 16, 2003

J. P. Koenings

Director


REPEALER


     The following sections of the Washington Administrative Code are repealed effective 7:59 a.m. December 17, 2003:


WAC 220-49-02000N Herring and anchovy -- Seasons -- Lawful gear -- Purposes. (03-239)
WAC 220-49-05600B Smelt fishing -- Seasons. (03-239)
WAC 220-56-26700A Herring -- Areas and seasons. (03-238)
WAC 220-56-27000Q Smelt fishing -- Seasons. (03-238)