WSR 05-14-063

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-136 -- Filed June 29, 2005, 3:33 p.m. , effective July 5, 2005, 12:01 a.m. ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-128.

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: This closure includes the area of an experiment with rockfish related to conservation of rockfish stocks in Puget Sound and the evaluation of marine protected areas as a management tool. Any fishing-induced mortality on the rockfish at this location could invalidate the results of the experiment. This work is being done to fulfill a contract, just received, which becomes available as of July 1, 2005. The experiment must be conducted within the contract time-frame. There is insufficient time to promulgate a permanent rule.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 29, 2005.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-56-12800I   Food fish fishing -- Closed areas.   Notwithstanding the provisions of WAC 220-56-128, effective 12:01 a.m. July 5, 2005 until further notice, it is unlawful to fish for rockfish in those waters of Catch Record Card Area 11 within 500 yards of the radio tower at Point Heyer.

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Washington State Code Reviser's Office