WSR 09-23-021

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-253 -- Filed November 6, 2009, 3:40 p.m. , effective November 6, 2009, 3:40 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100D and 220-47-41100L; and amending WAC 220-47-311 and 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: This regulation modifies commercial fishing schedules for Salmon Management and Catch Reporting Areas 12, 12B and 12C per agreement 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 6, 2009.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-47-31100D   Purse seine -- Open periods.   Notwithstanding the provisions of WAC 220-47-311:

(1) Effective 12:01 a.m. November 11, through 11:59 p.m. November 11, 2009, it is unlawful to take, fish for or possess salmon taken for commercial purposes with purse seine gear in waters of Puget Sound Management and Catch Reporting Areas 12 and 12B.

(2) Effective immediately through November 23, 2009, it is unlawful to take, fish for or possess salmon taken for commercial purposes with purse seine gear in waters of Puget Sound Management and Catch Reporting Area 12C.

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NEW SECTION
WAC 220-47-41100L   Gill nets -- Open periods.   Notwithstanding the provisions of WAC 220-47-411:

(1) Effective 12:01 a.m. November 12, through 11:59 p.m. November 12, 2009, it is unlawful to take, fish for or possess salmon taken for commercial purposes with gill net gear in waters of Puget Sound Management and Catch Reporting Areas 12 and 12B.

(2) Effective immediately through November 26, 2009, it is unlawful to take, fish for or possess salmon taken for commercial purposes with gill net gear in waters of Puget Sound Management and Catch Reporting Area 12C.

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REPEALER


The following section of the Washington Administrative Code is repealed effective November 24, 2009:


WAC 220-47-31100D Purse seine -- Open periods.

The following section of the Washington Administrative Code is repealed effective November 27, 2009:


WAC 220-47-41100L Gill nets -- Open periods.

Washington State Code Reviser's Office