WSR 03-19-049

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-227 -- Filed September 10, 2003, 3:12 p.m. , effective September 15, 2003, 12:01 a.m. ]

Date of Adoption: September 10, 2003.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-20-010 and 220-48-015.

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: We do not anticipate that the catch quota for Pacific cod in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 22A and 22B will be taken by September 15, 2003, when the permanent rule closes the waters deeper than 40 fathoms. This regulation is needed to protect remaining populations of canary and yelloweye rockfish in Puget Sound and is consistent with the recreational regulations. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 15, 2003, 12:01 a.m.

September 10, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-20-01000C   General provisions -- Lawful and unlawful acts -- Salmon, other foodfish and shellfish.   Notwithstanding the provisions of WAC 220-20-010, effective 12:01 a.m. September 15, 2003, until further notice, it is unlawful for any person to fish for or posses canary rockfish or yelloweye rockfish taken under a commercial fishery license in Puget Sound.

[]

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.
NEW SECTION
WAC 220-48-01500S   Beam trawl and bottom trawl -- Seasons.   Notwithstanding the provisions of WAC 220-48-015, effective 12:01 a.m. September 15, 2003 until further notice, it is lawful to fish for and possess bottomfish taken with bottom trawl and beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 22A and 22B in waters deeper than 40 fathoms.

[]

Legislature Code Reviser 

Register

Washington State Code Reviser's Office