WSR 11-05-053

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-14 -- Filed February 10, 2011, 1:19 p.m. , effective February 10, 2011, 1:19 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend recreational and commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-16-490.

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: The description of the Bonilla-Tatoosh line is essential to differentiating between adjacent management areas located on the northwest coast at Cape Flattery. The current rule does not include latitude and longitude coordinates for each reference point and is not consistent with the description in the federal regulation. The changes simplify the description of the line and will make it easier for recreational fishers and enforcement to identify where the line is drawn. This rule conforms to federal action taken by the Pacific Fisheries Management Council. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 10, 2011.

Philip Anderson

Director


NEW SECTION
WAC 220-16-49000B   Bonilla-Tatoosh line.   Effective immediately until further notice, the Bonilla-Tatoosh Line is defined as a line projected from the most westerly point on Cape Flattery (48 22.863' N. lat., 124 43.907' W. long.) to the light on Tatoosh Island, WA (48 23.493'N. lat., 124 44.207' W. long.), then to the light on Bonilla Point on Vancouver Island, British Columbia (at 4835.73' N. lat., 12443.00' W. long.).

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Washington State Code Reviser's Office