WSR 98-08-045
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 98-42--Filed March 25, 1998, 4:47 p.m., effective April 1, 1998, 12:01 a.m.]
Date of Adoption: March 25, 1998
Purpose: Commercial and personal use rules
Citation of Existing Rules Affected by this Order: Repealing WAC 220-49-02000K and 220-56-27200A; and amending WAC 220-49-020
Statutory Authority for Adoption: RCW 75.08.080
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: Herring have historically spawned along the entire shoreline from Lummi Island north and west to Point Roberts. Herring spawning is now confined to approximately three linear miles of shore in the vicinity of Cherry Point. The Department of Fish and Wildlife and the Indian Tribes have closed the 1998 spawn-on-kelp fishery to provide maximum escapement. There is a very small commercial bait fishery and some recreational harvest in these waters. The closure period will provide protection from prespawning staging through the concentrated presence in the spawning grounds. The department is proposing to close these fisheries to provide for maximum escapement for spawning. This closure should have minimal effect. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, amended 0, repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: April 1, 1998, 12:01 a.m
March 25, 1998
Bern Shanks
Director
NEW SECTION
WAC 220-49-02000K Herring seasons. Notwithstanding the provisions of WAC 220-49-020, effective 12:01 a.m. April 1 through June 15, 1998, it is unlawful to fish for or possess herring taken for commercial purposes from Marine Fish-Shellfish Management and Catch Reporting Area 20A.
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NEW SECTION
WAC 220-56-27200A Herring--Areas and seasons. Effective 12:01 a.m. April 1 through June 15, 1998, it is unlawful to fish for or possess herring taken for personal use from those waters of Catch Record Card Area 7 north and west of a line projected from Gooseberry Point to Point Migley on Lummi Island, thence to the northernmost point of Patos Island, thence due west to an intersection with the United States-Canada boundary.
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REPEALER
The following sections of the Washington Administrative Code are repealed effective 11:59 p.m. June 15, 1998:
WAC 220-49-02000K Herring seasons.
WAC 220-56-27200A Herring areas and seasons.