WSR 11-07-057

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-33 -- Filed March 18, 2011, 2:53 p.m. , effective March 18, 2011, 2:53 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, 220-48-029, 220-48-032, 220-48-071, 220-49-056, and 220-52-069.

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 is needed to comply with provisions of the Endangered Species Act (ESA). On July 27, 2010, a federal decision to list two species of rockfish as threatened and one species of rockfish as endangered in Puget Sound became effective. The intent of this regulation is to comply with the ESA and to protect the listed species from capture in the specified fisheries. These rules are interim until permanent rules take effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 6, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 18, 2011.

Philip Anderson

Director


NEW SECTION
WAC 220-48-01500D   Beam trawl and bottom trawl -- Seasons.   Notwithstanding the provisions of WAC 220-48-015, effective immediately until further notice, all waters of Puget Sound are closed to fishing using bottom trawl gear.

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NEW SECTION
WAC 220-48-02900J   Set net -- Dogfish -- Seasons.   Notwithstanding the provisions of WAC 220-48-029, effective immediately until further notice, all waters of Puget Sound are closed to fishing using dogfish set net gear.

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NEW SECTION
WAC 220-48-03200L   Set line -- Seasons.   Notwithstanding the provisions of WAC 220-48-032, effective immediately until further notice, all waters of Puget Sound are closed to fishing using set line gear.

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NEW SECTION
WAC 220-48-07100C   Bottomfish pots -- Gear and seasons.   Notwithstanding the provisions of WAC 220-48-071, effective immediately until further notice, all waters of Puget Sound are closed to fishing using bottomfish pot gear.

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NEW SECTION
WAC 220-49-05600G   Smelt fishing -- Seasons.   Notwithstanding the provisions of WAC 220-49-056, effective immediately until further notice, all waters of Puget Sound are closed to smelt fishing using purse seine gear.

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NEW SECTION
WAC 220-52-06900E   Scallop fishery--Puget Sound.   Notwithstanding the provisions of WAC 220-52-069, effective immediately until further notice, it is unlawful to fish for or possess any pink or spiny scallops taken with trawl gear in all waters of Puget Sound.

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Washington State Code Reviser's Office