WSR 11-09-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-52 -- Filed April 6, 2011, 2:41 p.m. , effective April 6, 2011, 2:41 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-23500W; and amending WAC 220-56-235.

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: These rules were adopted by the fish and wildlife commission at their February 4, 2011, meeting and are necessary to protect bottomfish resources in the area east of the Bonilla-Tatoosh line while allowing harvest of healthy stocks of bottomfish. A permanent rule for bottomfish retention limits east of the Bonilla-Tatoosh line was filed with an effective date of April 24, 2011. The date should have been May 1, 2011, to correspond to the advertised date of implementation.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 6, 2011.

Philip Anderson

Director


NEW SECTION
WAC 220-56-23500X   Possession limits -- Bottomfish.   Notwithstanding the provisions of WAC 220-56-235, effective immediately until further notice, it is unlawful for any person to take in any day more than the following quantities of bottomfish in waters of Marine Areas 1, 2, 3 and 4:

(1) 12 bottomfish species per day. The 12 fish in the aggregate limit of all species and species groups of bottomfish may include no more than 2 cabezon per person per day in addition to current daily sub limits for rockfish (10) and lingcod (2).

(2) Effective April 24 through April 30, 2011, east of the Bonilla-Tatoosh line - 15 fish in the aggregate.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-23500W Possession limits -- Bottomfish. (11-15)

Washington State Code Reviser's Office