WSR 07-14-105

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-134 -- Filed July 2, 2007, 3:13 p.m. , effective July 2, 2007, 3:13 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-48-03200H; and amending WAC 220-48-032.

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: Permanent rules closed Puget Sound to set line fishing on June 16. There is a harvest surplus of dogfish available and this rule change is needed to provide an opportunity to harvest these fish. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 2, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 220-48-03200H   Set line -- Seasons.   Notwithstanding the provisions of WAC 220-48-032, effective immediately until further notice, a person may fish with set line gear for dogfish and other bottomfish in all Puget Sound Marine Fish - Shellfish Management and Catch Reporting Areas except as provided for in this section:

(1) It is unlawful to take, fish for, and possess dogfish and other bottomfish with set lines in:

(a) That portion of Area 26C north of a line projected due east from Point Bolin to Bainbridge Island is closed all year.

(b) That portion of Area 26D south of lines projected due west of Point Dalco on Vashon Island, and from Dash Point to Point Piner on Maury Island, is closed all year.

(c) That portion of Area 28A east of a line projected due north from the northwest tip of Fox Island, and north of a line projected due east from Fox Point on Fox Island is closed all year.

(d) Those waters provided for in WAC 220-20-010(6) and 220-20-020(4), or any waters defined as Marine Protected Areas, Preserves or Conservation Areas in WAC 220-16.

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REPEALER

The following section of the Washington Administrative Code is repealed effective September 16, 2007:

WAC 220-48-03200H Set line -- Seasons.

Washington State Code Reviser's Office