WSR 04-13-056

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-138 -- Filed June 11, 2004, 1:34 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 personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-23500S, 220-56-26700B, 220-56-27000S, 220-56-39000B and 220-56-41000A; and amending WAC 220-56-235, 220-56-267, 220-56-270, 220-56-390, and 220-56-410.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 5.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 220-56-23500U   Bottomfish.   Notwithstanding the provisions of WAC 220-56-235, effective immediately, until further notice, it is unlawful to fish for or possess bottomfish taken for personal use in those waters of Catch Record Card Area 12.

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NEW SECTION
WAC 220-56-26700C   Herring -- Areas and seasons,   Notwithstanding the provisions of WAC 220-56-267, effective immediately, until further notice, it is unlawful to fish for or possess herring taken for personal use in those waters of Catch Record Area 12.

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NEW SECTION
WAC 220-56-27000V   Smelt -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-270, effective immediately, until further notice, it is unlawful to fish for or possess smelt taken for personal use in those waters of Catch Record Area 12.

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NEW SECTION
WAC 220-56-39000C   Squid and octopus.   Notwithstanding the provisions of WAC 220-56-390, effective immediately, until further notice, it is unlawful to fish for or possess squid and octopus taken for personal use in those waters of Catch Record Area 12.

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NEW SECTION
WAC 220-56-41000B   Sea cucumbers.   Notwithstanding the provisions of WAC 220-56-410, effective immediately, until further notice, it is unlawful to fish for or possess sea cucumbers taken for personal use in those waters of Catch Record Area 12.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-56-23500S Bottomfish. (04-26)
WAC 220-56-26700B Herring--Areas and seasons. (04-26)
WAC 220-56-27000S Smelt--Areas and seasons. (04-26)
WAC 220-56-39000B Squid and octopus. (04-26)
WAC 220-56-41000A Sea cucumbers. (04-26)

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Washington State Code Reviser's Office