WSR 16-18-089
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-238—Filed September 6, 2016, 6:23 p.m., effective September 6, 2016, 10:00 p.m.]
Effective Date of Rule: September 6, 2016, 10:00 p.m.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-49-05600C; and amending WAC 220-49-056.
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 smelt commercial fishery. This emergency rule closes Puget Sound to commercial smelt fishing, as the annual quota is expected to be reached. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 6, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-49-05600C Puget Sound smelt commercial fisherySeasons.
Notwithstanding the provisions of WAC 220-49-056, effective 10:00 p.m. September 6, 2016, through December 31, 2016, it is unlawful to take, fish for or possess smelt for commercial purposes in Puget Sound.
REPEALER
The following section of the Washington Administrative Code is repealed effective January 1, 2017:
WAC 220-49-05600C
Puget Sound smelt commercial fisherySeasons.