WSR 09-19-059

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-213 -- Filed September 11, 2009, 1:17 p.m. , effective September 11, 2009, 1:17 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-41100I; and amending WAC 220-47-411.

     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: Harvestable surplus of coho available in these areas. Modifies Area 7B schedule to improve enforcement efficiency. Modifies Area 12B schedule per agreement with tribal comanagers to fish Wednesday instead of Tuesday. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 11, 2009.

Philip Anderson

Director


NEW SECTION
WAC 220-47-41100I   Puget Sound gill net fishery.   Notwithstanding the provisions of WAC 220-47-411, effective immediately it is unlawful to take, or fish for salmon taken for commercial purposes with gill net gear in those waters of Puget Sound Management Catch Reporting Areas 7B and 12A, except as provided:

     (1) Area 7B - Open 7:00 a.m. September 13 through 7:00 a.m. September 14, 2009;

     7:00 a.m. September 15 through 7:00 a.m. September 16, 2009;

     7:00 a.m. September 17 through 7:00 a.m. September 18, 2009.

     (2) Area 12A - Open 7:00 a.m. September 16 through 7:00 a.m. September 17, 2009.

     (3) Unless otherwise amended, all permanent rules remain in effect.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective 7:01 a.m. September 18, 2009:


WAC 220-47-41100I Puget Sound gill net fishery.

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