WSR 04-07-006

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-41 -- Filed March 3, 2004, 4:23 p.m. , effective March 4, 2004, 12:01 a.m. ]

     Date of Adoption: March 3, 2004.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-23500T; and amending WAC 220-56-235.

     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 federal government has enacted rules that prohibit the retention of canary rockfish in Areas 1, 2, 3 and 4. This emergency rule is needed to bring state rules into conformity with federal rules. Permanent rules that prohibit the retention of canary rockfish were recently adopted by the Fish and Wildlife Commission and will become effective May 1, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 4, 2004, 12:01 a.m.

March 3, 2004

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-23500T   Possession limits -- Bottomfish.   Notwithstanding the provisions of WAC 220-56-235, effective 12:01 a.m. March 4, 2004, until further notice, it is unlawful to fish for or possess canary rockfish in those waters of Marine Areas 1 through 4.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 1, 2004:


WAC 220-56-23500T Possession limits -- Bottomfish.

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