WSR 02-21-093

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-266 -- Filed October 21, 2002, 3:01 p.m. , effective October 21, 2002, 11:59 p.m. ]

     Date of Adoption: October 21, 2002.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-48-029, 220-48-032, 220-48-062, 220-49-020, and 220-49-056.

     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: Low dissolved oxygen concentrates in the waters of Hood Canal have caused a redistribution of fish and a concentration in the areas that would subject the fish to high levels of mortality. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 21, 2002, 11:59 p.m.

October 21, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-48-02900A   Set net -- Dogfish -- Seasons.   Notwithstanding the provisions of WAC 220-48-029 effective 11:59 p.m. October 21, 2002 until further notice, it is unlawful to fish for or possess for commercial purposes bottomfish taken with dogfish set net gear in Marine Fish-Shellfish Management Areas 27A, 27B and 27C.

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NEW SECTION
WAC 220-48-03200A   Set line -- Dogfish -- Seasons.   Notwithstanding the provisions of WAC 220-48-032 effective 11:59 p.m. October 21, 2002 until further notice, it is unlawful to fish for or possess for commercial purposes bottomfish taken with set line gear in Marine Fish-Shellfish Management Areas 27A, 27B, and 27C.

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NEW SECTION
WAC 220-48-06200A   Drag seines -- Seasons.   Notwithstanding the provisions of WAC 220-48-062 effective 11:59 p.m. October 21, 2002 until further notice, it is unlawful to fish for or possess for commercial purposes bottomfish taken with drag seines gear in Marine Fish-Shellfish Management Areas 27A, 27B, and 27C.

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NEW SECTION
WAC 220-49-02000M   Herring and anchovy -- Seasons -- Lawful gear -- Purposes.   Notwithstanding the provisions of WAC 220-49-020 effective 11:59 p.m. October 21, 2002 until further notice, it is unlawful to fish for or possess for commercial purposes herring or anchovy in Marine Fish-Shellfish Management Areas 27A, 27B, and 27C.

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NEW SECTION
WAC 220-49-05600A   Smelt fishing -- Seasons.   Notwithstanding the provisions of WAC 220-49-056 effective 11:59 p.m. October 21, 2002 until further notice, it is unlawful to fish for or posses for commercial purposes smelt in Marine Fish-Shellfish Management Areas 27A, 27B, 27C.

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     Reviser's note: The typographical error 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.

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