WSR 04-13-055

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-137 -- Filed June 11, 2004, 1:33 p.m. , effective June 11, 2004 ]


Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: CR-102 filed June 3, 2004, as WSR 04-13-005.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-48-02900D, 220-48-03200C, 220-48-06200C, 220-49-02000P and 220-49-05600C; and amending WAC 220-48-029, 220-48-032, 220-48-062, 220-49-020, and 220-49-056.

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: To reduce fishing mortalities on species of fish and shellfish in Hood Canal which have become more vulnerable due to the stress and behavioral changes by the low dissolved oxygen content in those waters. These rules are interim until permanent rules take effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 5.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 11, 2004.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-48-02900E   Set net -- Dogfish -- Seasons.   Notwithstanding the provisions of WAC 220-48-029, effective immediately, until further notice, it is unlawful to fish for or possess for commercial purposes bottomfish taken with dogfish set net gear in Marine Fish-Shellfish Management Areas 27A, 27B and 27C.

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NEW SECTION
WAC 220-48-03200D   Set line -- Dogfish -- Seasons.   Notwithstanding the provisions of WAC 220-48-032, effective immediately, until further notice, it is unlawful to fish for or possess for commercial purposes bottomfish taken with set line gear in Marine Fish-Shellfish Management Areas 27A, 27B, and 27C.

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NEW SECTION
WAC 220-48-06200D   Drag seines -- Seasons.   Notwithstanding the provisions of WAC 220-48-062, effective immediately, until further notice, it is unlawful to fish for or possess for commercial purposes bottomfish taken with drag seine gear in Marine Fish-Shellfish Management Areas 27A, 27B, and 27C

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NEW SECTION
WAC 220-49-02000Q   Herring and anchovy -- Seasons -- Lawful gear -- Purposes.   Notwithstanding the provisions of WAC 220-49-020, effective immediately, until further notice, it is unlawful to fish for or possess for commercial purposes herring or anchovy in Marine Fish-Shellfish Management Areas 27A, 27B and 27C.

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NEW SECTION
WAC 220-49-05600D   Smelt fishing -- Seasons.   Notwithstanding the provisions of WAC 220-49-056, effective immediately, until further notice, it is unlawful to fish for or possess for commercial purposes smelt in Marine Fish-Shellfish Management Areas 27A, 27B and 27C.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-48-02900D Set net--Dogfish--Seasons. (04-25)
WAC 220-48-03200C Set line--Dogfish--Seasons. (04-25)
WAC 220-48-06200C Drag seines--Seasons. (04-25)
WAC 220-49-02000P Herring and anchovy--Seasons -- Lawful gear--Purposes. (04-25)
WAC 220-49-05600C Smelt fishing--Seasons. (04-25)

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