WSR 04-23-071

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-302 -- Filed November 15, 2004, 4:14 p.m. , effective November 15, 2004 ]


     

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-56-265.

     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 change is needed for orderly fisheries. The current mesh size restriction is confusing, especially regarding the measurement of wire mesh. Changing the regulation by one-eighths inch will not diminish our conservation goals but result in a more orderly fishery until permanent rules can be developed. There is insufficient time to make this a part of the permanent rules process.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: November 15, 2004.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-26500A   Forage fish -- Lawful gear.   Notwithstanding the provisions of Chapter 220-56-265 WAC, effective immediately until further notice it is unlawful to take, fish for an possess herring, candlefish, pilchards, anchovies and smelt taken for personal use in marine waters except with hand dip net gear not exceeding 36 inches across the bag frame having a maximum mesh size of three-eights inch measured knot to the nearest knot or one-half inch measured corner to the next nearest corner for wire mesh, and forage fish jigger gear having not more than three treble or nine single hooks.

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     Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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