WSR 11-23-111

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-302 -- Filed November 18, 2011, 4:18 p.m. , effective November 18, 2011, 4:18 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100S and 220-47-41100A; and amending WAC 220-47-311 and 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: Harvestable numbers of chum salmon are available in Salmon Management and Catch Reporting Area 12C for commercial harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

Philip Anderson

Director


NEW SECTION
WAC 220-47-31100T   Purse seine -- Open periods.   Notwithstanding the provisions of WAC 220-47-311:

(1) It is unlawful to take, fish for, or possess salmon taken for commercial purposes with purse seine gear in waters of Puget Sound Salmon Management and Catch Reporting Areas 12, 12B and 12C, except open in Area 12C from 7 a.m. through 4 p.m. November 22.

(2) It is unlawful to take, fish for, or possess salmon taken for commercial purposes with purse seine gear in waters of Puget Sound Salmon Management and Catch Reporting Areas 10 and 11.

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NEW SECTION
WAC 220-47-41100B   Gill net -- Open periods.   Notwithstanding the provisions of WAC 220-47-411:

(1) It is unlawful to take, fish for, or possess salmon taken for commercial purposes with gill net gear in waters of Puget Sound Salmon Management and Catch Reporting Areas 12, 12B, and 12C, except open in Area 12C from 7 a.m. through 6 p.m. daily on November 20, 21, and 23.

(2) It is unlawful to take, fish for, or possess salmon taken for commercial purposes with gill net gear in waters of Puget Sound Salmon Management and Catch Reporting Areas 10 and 11, except open from 3:00 p.m. November 20 through 8:00 a.m. November 21, and 3:00 p.m. November 22 through 8:00 a.m. November 23.

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REPEALER


The following sections of the Washington Administrative code are repealed:


WAC 220-47-31100S Purse seine -- Open periods. (11-301)
WAC 220-47-41100A Gill net -- Open periods. (11-301)

Washington State Code Reviser's Office