WSR 03-19-088

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-239 -- Filed September 12, 2003, 4:23 p.m. , effective September 15, 2003, 12:01 a.m. ]

Date of Adoption: September 12, 2003.

Purpose: Amend commercial fishing regulations.

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: These changes are needed to protect species of bottomfish, forage fish, smelt and herring in Hood Canal. Hood Canal is experiencing low levels of dissolved oxygen which is stressing these fish and shellfish species and may be increasing mortality rates. The department in conjunction with the Department of Ecology will continue to monitor water quality in the canal. The closure will remain in effect as long as the dissolved oxygen levels remain at harmful levels. There is insufficient time to promulgate permanent regulations.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

September 12, 2003

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-48-02900C   Set net -- Dogfish -- Seasons.   Notwithstanding the provisions of WAC 220-48-029, effective 12:01 a.m. September 15, 2003, 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 220-48-03200B   Set line -- Dogfish -- Seasons.   Notwithstanding the provisions of WAC 220-48-032, effective 12:01 a.m. September 15, 2003, 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 220-48-06200B   Drag seines -- Seasons.   Notwithstanding the provisions of WAC 220-48-062, effective 12:01 a.m. September 15, 2003, until further notice, it is unlawful to fish for or possess for commercial purposes bottomfish taken with drag seine gear in Marine Fish-Shellfish Management Areas 27A, 27B, and 27C

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NEW SECTION
WAC 220-49-02000N   Herring and anchovy -- Seasons -- Lawful gear -- Purposes.   Notwithstanding the provisions of WAC 220-49-020, effective 12:01 a.m. September 15, 2003, 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 220-49-05600B   Smelt fishing -- Seasons.   Notwithstanding the provisions of WAC 220-49-056, effective 12:01 a.m. September 15, 2003, until further notice, it is unlawful to fish for or possess for commercial purposes smelt in Marine Fish-Shellfish Management Areas 27B and 27C.

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