WSR 05-11-027

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-79 -- Filed May 10, 2005, 2:14 p.m. , effective May 13, 2005, 11:59 p.m. ]


     

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-48-01500V; and amending WAC 220-48-005 and 220-48-015.

     Statutory Authority for Adoption: RCW 77.12.240.

     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 harvest guideline for Pacific cod is anticipated to have been taken by this date and this emergency rule is necessary to ensure that the harvest guideline for Pacific cod in this area are not exceeded. There is insufficient time to promulgate permanent regulations.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: May 10, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-48-00500I   Puget Sound bottomfish -- General provisions.   Notwithstanding the provisions of WAC 220-48-005, effective 11:59 p.m. May 13, 2005 until further notice, it is unlawful to fish for or possess Pacific cod for commercial purposes in those waters of Marine Fish-Shellfish Management and Catch Reporting Area 23C.

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NEW SECTION
WAC 220-48-01500W   Beam trawl and bottom trawl seasons.   Notwithstanding the provisions of WAC 220-48-015, effective 11:59 p.m. May 13, 2005 until further notice, it is unlawful to fish for or possess bottomfish with otter trawl gear in those waters of Marine Fish-Shellfish Management and Catch Reporting Area 23C.

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REPEALER

     The following section of the Washington Administrative Code is repealed effective 11:59 p.m. May 13, 2005:


WAC 220-48-01500V Beam trawl and bottomfish trawl seasons. (05-24)

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