WSR 09-23-071

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-255 -- Filed November 13, 2009, 3:12 p.m. , effective November 13, 2009, 3:12 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-30700G, 220-47-31100D and 220-47-41100L; and amending WAC 220-47-307.

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 harvestable share of chum salmon are available and the tribes have agreed to the commercial fishing scheduled as adopted in permanent rules for Salmon Management and Catch Reporting Areas 12, 12B and 12C. Per the agreement with the tribes the department of fish and wildlife has agreed to put in a closure zone around Hoodsport Hatchery during the commercial openings. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 13, 2009.

Philip Anderson

Director


NEW SECTION
WAC 220-47-30700G   Closed areas -- Puget Sound salmon.   Notwithstanding the provisions of WAC 220-47-307, effective immediately until further notice, it is unlawful to take, fish for or possess salmon taken for commercial purposes with gill net or purse seine gear in those waters of Puget Sound Salmon Management and Catch Reporting Area 12C within 1000' from the shore between the Hoodsport Marina Dock and the Dock at Glen Ayr Trailer Park.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-47-31100D Purse seine -- Open periods. (09-253)
WAC 220-47-41100L Gill nets -- Open periods. (09-253)

The following section of the Washington Administrative Code is repealed effective November 27, 2009:


WAC 220-47-30700G Closes areas -- Puget Sound salmon.

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.

Washington State Code Reviser's Office