WSR 12-17-098

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-185 -- Filed August 16, 2012, 4:11 p.m. , effective August 16, 2012, 4:11 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-36-02300K; and amending WAC 220-36-023.

     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: Mesh size restriction was inadvertently changed to 8 1/2-inch maximum; the intended outcome through the North of Falcon process was to remove the smaller maximum stretch mesh-measure restriction relative to 2011 and maintain the 9-inch maximum. The reason for this was to protect wild coho. However, the forecast abundance of wild coho expected to return in 2012 is significantly high and is well in excess of the minimum escapement need. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 16, 2012.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-36-02300K   Grays Harbor fall fishery.   Notwithstanding the provisions of WAC 220-36-023, effective immediately through September 30, 2012, in Area 2C, mesh size must not exceed a 9-inch maximum.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective October 1, 2012:


WAC 220-36-02300K Grays Harbor fall fishery.