WSR 08-20-022

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-246 -- Filed September 19, 2008, 2:04 p.m. , effective September 23, 2008, 7:00 a.m. ]


Effective Date of Rule: September 23, 2008, 7:00 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-41100X; 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: This is a coho directed fishery, and as marine area abundance of coho has diminished and encounters of ESA listed summer chum has significantly increased in the marine gill net fishery, it is necessary to close the season in the marine waters to nontreaty gill net fishing. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 19, 2008.

J. P. Koenings

Director


NEW SECTION
WAC 220-47-41100X   Gill net -- Open periods.   Notwithstanding the provisions of WAC 220-47-411, effective 7:00 a.m. September 23, 2008, until further notice, it is unlawful to take fish for or possess salmon taken for commercial purpose in Puget Sound Salmon Management and Catch Reporting Area 12A.

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REPEALER


The following section of the Washington Administrative Code is repealed effective October 1, 2008:


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

Washington State Code Reviser's Office