WSR 14-18-006 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-214—Filed August 21, 2014, 2:25 p.m., effective August 21, 2014, 2:25 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-49-00500A; and amending WAC 220-49-005.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.04.055, and 77.12.047.
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: The fish and wildlife commission have [has] taken action to implement a sixty thousand pound annual quota for the Puget Sound commercial smelt fishery. This regulation requires commercial smelt fishers to report smelt harvest no later than 10:00 a.m. the day following harvest to give Washington department of fish and wildlife the capability to manage the fishery within this quota. This emergency rule is interim until permanent rules take effect.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 21, 2014.
Joe Stohr
for Philip Anderson
Director
NEW SECTION
WAC 220-49-00500B Puget Sound forage fish—Smelt harvest reporting.
Notwithstanding the provisions of WAC 220-49-005, effective immediately until further notice, it is unlawful for vessel operators engaged in commercial harvest of smelt from Puget Sound to fail to report their daily catch by e-mail, fax, or phone to WDFW by 10:00 a.m. the day after the smelt are harvested. E-mail daily catch reports must be submitted to smeltreport@dfw.wa.gov, fax reports must be transmitted to fax number 425-338-1066, and phone messages transmitted to phone number 425-775-1311 ext. 131. Daily catch reports must include the following information as it is recorded on the fish receiving ticket: fisher name, wholesale fish dealer name, pounds of smelt landed, catch area, date of harvest, date of sale, and complete fish ticket serial number, including the first alphanumeric letter. If the fish receiving ticket is faxed as the daily harvest report, the date of harvest must be recorded on the bottom half of the ticket.
Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. REPEALER
The following section of the Washington Administrative Code is repealed:
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