WSR 08-19-033

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-228 -- Filed September 9, 2008, 2:56 p.m. , effective September 9, 2008, 2:56 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

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 provides authority to keep incidental interceptions of Atlantic salmon raised for aquaculture purposes. The recent escape of 30,000 Atlantic salmon from a B.C. aquaculture facility creates a biological concern of having an invasive species compete for spawning habitat for native species of salmon. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 9, 2008.

Joe Stohr

for Jeff Koenings

Director


NEW SECTION
WAC 220-47-50100L   Puget Sound all-citizen commercial salmon fishery -- Open periods.   Notwithstanding the provisions of Chapter 220-47 WAC, effective immediately until further notice, during any lawful open period in all Puget Sound Salmon Management and Catch Reporting Areas, as defined in WAC 220-22-030, it is legal to retain any Atlantic salmon taken with lawful commercial salmon gear.

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Washington State Code Reviser's Office