WSR 05-20-046

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-228 -- Filed September 30, 2005, 4:02 p.m. , effective September 30, 2005 ]


     

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100C; and amending WAC 220-47-311.

     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 regulation implements the limited participation fishery negotiated as part of the North of Falcon agreements made by comanagers, by naming the vessel to participate in week 41. These emergency rules are necessary to initiate fisheries. There is insufficient time to promulgate permanent rules.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 30, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 220-47-31100C   Purse seine -- Open periods   Notwithstanding the provisions of Chapter 220-47-311 WAC, effective immediately until further notice, it is unlawful to take, fish for or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas except in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this section, provided that unless otherwise amended, all permanent rules remain in effect:

     Areas 7B:

     Purse Seines - (a) Open in Area 7B to purse seines using the 5-inch strip during the following hours and dates, provided it is unlawful to retain sockeye salmon, and any sockeye salmon caught must be released immediately.

     Continuously until further notice.

     Areas 8A:

     Purse Seines - (a) Open in Area 8A to the purse seine vessel FLAMINGO only. Participating vessel is required to use the 5-inch strip during the following hours and dates, provided it is unlawful to retain chinook salmon, and any chinook salmon caught must be released immediately.

     7:00 a.m. to 7:00 p.m. October 3

     Areas 8D:

     Purse Seines - Open in Area 8D to the purse seines vessels using the 5-inch strip during the following hours and dates, provided it is unlawful to retain chinook salmon, and any chinook salmon caught must be released immediately.

     7:00 a.m. to 7:00 p.m. October 3

[]

     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.
REPEALER

     The following section of the Washington Administrative Code is repealed effective 7:01 p.m. October 3, 2005:


WAC 220-47-31100C Purse seine -- Open periods.

© Washington State Code Reviser's Office