WSR 10-20-033

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-257 -- Filed September 24, 2010, 3:20 p.m. , effective September 27, 2010 ]


     Effective Date of Rule: September 27, 2010.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100E; and amending WAC 220-47-311.

     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: Per preseason agreement with affected tribes a limited participation purse seine fishery in Area 8A was authorized for two boats. The participants were drawn in a raffle post August 31, 2010. These emergency rules are necessary to allow participation by the winners of the drawing in fisheries targeting a harvestable amount of coho salmon available at this time. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 24, 2010.

Philip Anderson

Director


NEW SECTION
WAC 220-47-31100E   Puget Sound purse seine fishery.   Notwithstanding the provisions of WAC 220-47-311 and WAC 220-47-500, it is permissible for the vessels "Polarland" and "Josie J" to participate in the Purse seine fishery in Puget Sound Salmon Management and Catch Reporting Area 8A on September 27 and October 4, 2010.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective October 5, 2010:


WAC 220-47-31100E Puget Sound purse seine fishery.

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