WSR 08-19-110

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-234 -- Filed September 17, 2008, 9:07 a.m. , effective September 17, 2008, 9:07 a.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-40-02700I; and amending WAC 220-40-027.

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: These dates were changed by agreement during preseason North of Falcon negotiations and were omitted from the permanent rules. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 17, 2008.

J. P. Koenings

Director


NEW SECTION
WAC 220-40-02700I   Willapa Bay fall fishery.   Notwithstanding the provisions of WAC 220-20-027, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

(1) Gill net gear restrictions: - All areas

(a) Drift gill net gear only. It is unlawful to use set net gear.

(b) Immediately through September 26, 2008: 6-inch maximum mesh, no more than 55 meshes deep. Net must hang straight from top to bottom. Strings may only be used to secure breakaway panels.

(c) September 28 through October 31, 2008: 6 1/2-inch maximum mesh.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. November 1, 2008:


WAC 220-40-02700I Willapa Bay fall fishery.

Washington State Code Reviser's Office