WSR 09-19-092

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-219 -- Filed September 18, 2009, 1:55 p.m. , effective September 18, 2009, 1:55 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-47-411 and 220-47-428.

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: Due to interception of Endangered Species Act listed summer chum in Area 12A agreement over closing commercial gillnet fisheries was reached with tribal comanagers. Harvestable surplus of coho available in these areas for the beach seine fishery. Agreement over scheduling of commercial fisheries reached with tribal comanagers. In Area 8D, agreement about daily gillnet opening times was reached with tribal comanagers. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 18, 2009.

Philip Anderson

Director


NEW SECTION
WAC 220-47-41100J   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 except as provided:

(1) Area 12A - closed until further notice.

(2) Area 8D - Daily hours are amended to begin at 6 AM.

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

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NEW SECTION
WAC 220-47-42800C   Puget Sound beach seine fishery.   Notwithstanding the provisions of WAC 220-47-428, effective immediately it is unlawful to take, or fish for salmon taken for commercial purposes with beach seine gear in those waters of Puget Sound Management Catch Reporting Areas, except as provided:

(1) Area 12A - Daily, from 7 AM to 7 PM, Sunday, September 20, 2009 through Friday, September 25, 2009.

(2) 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 p.m. September 25, 2009:


WAC 220-47-42800C Puget Sound beach seine fishery.

Washington State Code Reviser's Office