WSR 08-19-015

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-226 -- Filed September 5, 2008, 9:30 a.m. , effective September 7, 2008, 7:00 a.m. ]


Effective Date of Rule: September 7, 2008, 7:00 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-41100W; and amending WAC 220-47-411.

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: A harvestable surplus of salmon remains in Bellingham Bay and indicates that days of commercial gill net fishing are warranted and will still meet conservation goals for all areas listed in this finding. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 5, 2008.

J. P. Koenings

Director


NEW SECTION
WAC 220-47-41100W   Gill net -- Open periods.   Notwithstanding the provisions of WAC 220-47-411, effective 7:00 a.m. September 7 through 7:00 a.m. September 19, 2008, it is unlawful to take, fish for or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 7B except in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this chapter, provided that unless otherwise amended, all permanent rules for all other catch reporting areas remain in effect:


Area Open Minimum Mesh
7B 7:00 a.m. September 7 through 7:00 a.m. September 8 5"
7:00 a.m. September 9 through 7:00 a.m. September 10 5"
7:00 a.m. September 11 through 7:00 a.m. September 12 5"
7:00 a.m. September 14 through 7:00 a.m. September 15 5"
7:00 a.m. September 16 through 7:00 a.m. September 17 5"
7:00 a.m. September 18 through 7:00 a.m. September 19 5"

[]


REPEALER

The following section of the Washington Administrative Code is repealed effective 7:00 a.m. September 19, 2008:


WAC 220-47-41100W Gill net -- Open periods.

Washington State Code Reviser's Office