WSR 10-11-019

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-109 -- Filed May 7, 2010, 2:23 p.m. , effective May 7, 2010, 2:23 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-48-015.

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 change was requested by the trawl fishing industry to improve the economic efficiency of the fishery. The fish processing plant that processes the catch from this fishery no longer processes fish on Fridays. Under permanent regulations, the catch made on Friday would be held until the following Monday before processing, decreasing the quality of the catch. Allowing fishing on Wednesday instead of Friday would eliminate this problem. The fishery is governed by quota, so the overall harvest in not affected by this request. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 7, 2010.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-48-01500A   Beam trawl and bottom trawl -- Seasons.   Notwithstanding the provisions of WAC 220-48-015, effective immediately until further notice, it is unlawful to fish for or possess bottomfish for commercial purposes with otter trawl gear in Marine Fish-Shellfish Management and Catch Reporting Area 23C on Fridays, Saturdays and Sundays.

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Washington State Code Reviser's Office