WSR 09-16-062

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-149 -- Filed July 29, 2009, 4:00 p.m. , effective July 29, 2009, 4:00 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-88C-040.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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 new law governing the harvest of Pacific sardines into the state went into effect July 26, 2009. Certain regulations pertaining to the coastal pilchard experimental fishery permit are no longer in effect. This emergency regulation in necessary for state enforcement of Pacific sardine harvest and delivery until permanent rules are adopted.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 29, 2009.

Philip Anderson

Director


NEW SECTION
WAC 220-88C-04000H   Coastal pilchard fishery -- Seasons and lawful catch.   Notwithstanding the provisions of WAC 220-88C-040, effective immediately until further notice, it is unlawful to possess, transport through the waters of the state, or deliver into any Washington port, Pacific sardine (Sardinops sagax) or other coastal pelagic species taken in violation of gear requirements and other rules published at Title 50, Part 660, Subpart I of the Code of Federal Regulations (CFR). These federal regulations govern commercial fishing for coastal pelagic species in the Exclusive Economic Zone off the coasts of Washington, Oregon, and California. Where the federal regulations refer to the fishery management area, that area is interpreted to include Washington state waters coterminous with the Exclusive Economic Zone. Updates to the federal regulations are published in the Federal Register. Discrepancies or errors between the CFR and Federal Register will be resolved in favor of the Federal Register. Chapter 220-44 WAC incorporates the CFR by reference and is based, in part, on the CFR. A copy of the federal rules may be obtained by contacting Lori Preuss at 360-902-2930, or from the U.S. Government Printing Office's GPO Access website (www.gpoaccess.gov). State regulations that are more restrictive than the federal regulations will prevail.

(2) Violation of gear, harvest, or landing requirements under this section is punishable pursuant to RCW 77.15.520.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office