WSR 09-17-051

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-169 -- Filed August 12, 2009, 3:27 p.m. , effective August 12, 2009, 3:27 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-20-010, 220-36-03001, 220-40-030, 220-44-020, and 220-69-240.

     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: Since the inception of the baitfish fishery in 1989, landings of anchovies have averaged 240,000 pounds annually. The highest landings occurred in 2002, with 500,000 pounds of anchovies landed that year. Preliminary data indicates that an excess of one million pounds of anchovies has been landed to date. This action is recommended for conservation of the anchovy resource. The 20% restriction on sardines is to bring consistency with federal rules for the incidental harvest of sardines in the anchovy fishery. There is insufficient time to adopt 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 12, 2009.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-20-01000E   General provisions--Lawful and unlawful acts--Salmon, other fish and shellfish.   Notwithstanding the provisions of WAC 220-20-010, effective immediately until further notice, it is unlawful to use anchovies for purposes other than human consumption or fishing bait, except as provided for in WAC 220-36-03001, WAC 220-40-030 and WAC 220-44-020.

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NEW SECTION
WAC 220-36-03001A   Grays Harbor--Seasons and lawful gear--Varieties other than salmon and sturgeon.   Notwithstanding the provisions of WAC 220-36-03001, effective immediately until further notice, it is unlawful:

     (1) To deliver more than fifteen percent cumulative weight of anchovies for the purposes of conversion into fish flour, fish meal, fish scrap, fertilizer, fish oil, other fishery products, or fishing bait during the anchovy fishery season.

     (2) For any person licensed to fish under a baitfish purse seine or baitfish lampara license to retain, possess or deliver to a place or port, anchovies in excess of 10 metric tons (22,046 pounds) taken during any calendar week beginning 12:01 am Sunday through 11:59 pm Saturday.

     (3) For any person licensed to fish under a baitfish purse seine or baitfish lampara license to retain, possess or deliver to a place or port, sardines in excess of twenty percent of the weight of the landing.

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NEW SECTION
WAC 220-40-03000A   Willapa Bay--Seasons and lawful gear--Varieties other than salmon and sturgeon.   Notwithstanding the provisions of WAC 220-36-030, effective immediately until further notice, it is unlawful:

     (1) To deliver more than fifteen percent cumulative weight of anchovies for the purposes of conversion into fish flour, fish meal, fish scrap, fertilizer, fish oil, other fishery products, or fishing bait during the anchovy fishery season.

     (2) For any person licensed to fish under a baitfish purse seine or baitfish lampara license to retain, possess or deliver to a place or port, anchovies in excess of 10 metric tons (22,046 pounds) taken during any calendar week beginning 12:01 am Sunday through 11:59 pm Saturday.

     (3) For any person licensed to fish under a baitfish purse seine or baitfish lampara license to retain, possess or deliver to a place or port, sardines in excess of twenty percent of the weight of the landing.

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NEW SECTION
WAC 220-44-02000C   Coastal baitfish gear.   Notwithstanding the provisions of WAC 220-44-020, effective immediately until further notice, it is unlawful:

     (1) To deliver more than fifteen percent cumulative weight of anchovies for the purposes of conversion into fish flour, fish meal, fish scrap, fertilizer, fish oil, other fishery products, or fishing bait during the anchovy fishery season.

     (2) For any person licensed to fish under a baitfish purse seine or baitfish lampara license to retain, possess or deliver to a place or port, anchovy in excess of 10 metric tons (22,046 pounds) taken during any calendar week beginning 12:01 am Sunday through 11:59 pm Saturday.

     (3) For any person licensed to fish under a baitfish purse seine or baitfish lampara license to retain, possess or deliver to a place or port, sardines in excess of twenty percent of the weight of the landing.

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NEW SECTION
WAC 220-69-24000Q   Duties of commercial purchasers and receivers.   Notwithstanding the provisions of WAC 220-69-240, effective immediately until further notice, the amount of anchovies, by weight, purchased for the purposes of conversion into fish flour, fish meal, fish scrap, fertilizer, fish oil, other fishery products, or by-products for purposes other than human consumption or fishing bait, must be included on the fish ticket as "reduction."

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