WSR 04-05-057

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-26 -- Filed February 13, 2004, 4:00 p.m. , effective February 17, 2004, 12:01 a.m. ]

     Date of Adoption: February 13, 2004.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-56-235, 220-56-267, 220-56-270, 220-56-390, and 220-56-410.

     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: Levels of dissolved oxygen in Hood Canal are at very low levels and are sufficiently low to cause mortality and sublethal stress to fish and shellfish. This closure is needed to protect fish and shellfish from additional mortality due to fishing. Salmon and trout are not included in these closures as these species are able to avoid the areas of low dissolved oxygen. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 17, 2004, 12:01 a.m.

February 13, 2004

J. P. Koenings

Director


NEW SECTION
WAC 220-56-23500S   Bottomfish.   Notwithstanding the provisions of WAC 220-56-235, effective 12:01 a.m. February 17, 2004, until further notice, it is unlawful to fish for or possess bottomfish taken for personal use in those waters of Catch Record Card Area 12.

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NEW SECTION
WAC 220-56-26700B   Herring -- Areas and seasons,   Notwithstanding the provisions of WAC 220-56-267, effective 12:01 a.m. February 17, 2004, until further notice, it is unlawful to fish for or possess herring taken for personal use in those waters of Catch Record Area 12.

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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.
NEW SECTION
WAC 220-56-27000S   Smelt -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-270, effective 12:01 a.m. February 17, 2004, until further notice, it is unlawful to fish for or possess smelt taken for personal use in those waters of Catch Record Area 12.

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NEW SECTION
WAC 220-56-39000B   Squid and octopus.   Notwithstanding the provisions of WAC 220-56-390, effective 12:01 a.m. February 17, 2004, until further notice, it is unlawful to fish for or possess squid and octopus taken for personal use in those waters of Catch Record Area 12.

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NEW SECTION
WAC 220-56-41000A   Sea cucumbers.   Notwithstanding the provisions of WAC 220-56-410, effective 12:01 a.m. February 17, 2004, until further notice, it is unlawful to fish for or possess sea cucumbers taken for personal use in those waters of Catch Record Area 12.

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