WSR 10-19-086

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-241 -- Filed September 17, 2010, 2:59 p.m. , effective September 17, 2010, 2:59 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-36-023.

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: Emergency rule is needed to change a date due to a scheduling conflict with the Quinault Indian Nation. Retention of chinook salmon was inadvertently missed in the permanent filing. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 17, 2010.

Philip Anderson

Director


NEW SECTION
WAC 220-36-02300J   Salmon -- Grays Harbor fall fishery.   Notwithstanding the provisions of WAC 220-36-023, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

(1) Effective 7:30 a.m. October 14 through 7:30 p.m. October 14, 2010, it is unlawful to fish in that portion of Area 2A upstream from the Highway 101 Bridge at Aberdeen, to a line projected from the Lakeside Industries asphalt plant tower at a right angle to the thread of the stream to the opposite shore. However, it is permissible to fish in these waters effective 7:30 a.m. October 15 through 7:30 p.m. October 15, 2010.

(2) Effective 7:30 a.m. October 14 through 7:30 p.m. October 14, 2010, it is unlawful to fish in that portion of Area 2D lying easterly of a north-south line from the confluence of the Hoquiam and Chehalis Rivers to Renney Island, then easterly to Range Marker G, then to the eastern boundary of Area 2D at the Highway 101 Bridge. However, it is permissible to fish in these waters effective 7:30 a.m. October 15 through 7:30 p.m. October 15, 2010.

(3) All Chinook, nonlegal sturgeon, chum, and all steelhead must be handled with care to minimize injury to the fish and must be released immediately to the river/bay or to an operating recovery box when fishing Areas 2A and 2D.

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Washington State Code Reviser's Office