WSR 02-16-056

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-179 -- Filed August 1, 2002, 4:59 p.m. ]

Date of Adoption: August 1, 2002.

Purpose: Amend commercial fishing rules.

Statutory Authority for Adoption: RCW 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: Fraser River sockeye salmon fishing openings are regulated by the National Marine Fisheries Service, a federal agency. Quick reporting of sockeye catch is essential for both conservation and allocation reasons, but existing regulatory enactment of the quick reporting requirement is specified in WAC 220-69-240(11) as being designation in the fishery opening order. Since Fraser River openings are managed under federal regulations, there is no provision to designate the fishery as requiring quick reporting to the state department of fish and wildlife. This order will apply quick reporting requirements to any all-citizen Fraser River sockeye opening enacted by National Marine Fisheries Service. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

August 1, 2002

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-47-901   Puget Sound all-citizen commercial salmon fishery.   Notwithstanding the provisions of Chapter 220-47 WAC and Chapter 220-69 WAC, effective immediately until further notice, quick reporting requirements as listed in WAC 220-69-240(11) are in effect during any designated open fishery for Fraser River sockeye salmon under federal regulations.

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Washington State Code Reviser's Office