WSR 11-18-019

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-202 -- Filed August 26, 2011, 11:13 a.m. , effective August 26, 2011, 11:13 a.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-41100T; and amending WAC 220-47-411.

     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 emergency rule is needed to correct opening and closing times in the permanent rule for the gillnet fishery in Areas 8 and 8A. Also, there is no participation in a "limited participation fishery" in Area 10, therefore the area is closed to commercial fishing. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 26, 2011.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-47-41100T   Gill net -- Open periods.   Notwithstanding the provisions of WAC 220-47-411, effective immediately until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:


Seasons:


AREA TIME DATE(S) MINIMUM MESH
8: 5:30 AM - 10:30 PM 8/29, 8/31 5" minimum and

5 1/2" maximum
8A: 5:30 AM - 10:30 PM 8/31 5" minimum and

5 1/2" maximum
10: Closed

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective September 1, 2011:


WAC 220-47-41100T Gill net -- Open periods.

© Washington State Code Reviser's Office