WSR 06-14-031

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-152 -- Filed June 27, 2006, 4:53 p.m. , effective June 27, 2006 ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-48-02900G; and amending WAC 220-48-029.

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: Permanent rules closed Puget Sound to set net fishing on June 16. There is a harvest surplus of dogfish available and this rule is needed to provide an opportunity to harvest these fish. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 27, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-48-02900G   Set net -- Dogfish seasons.   (1) Notwithstanding the provisions of WAC 220-48-029, effective immediately it is unlawful to take, fish for and possess dogfish and other species of bottomfish taken with dogfish set net gear for commercial purposes in the following Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas except during the seasons designated below:

(a) Areas 23C and 23D - June 27 through September 15.

(b) Areas 24A, 24B, and 24D June 27 through September 15.

(c) Area 24C - June 27 through September 15, except those waters south of line Projected due east of East Point on Whidbey Island are closed.

(d) Areas 25A, 25B and that portion of Area 25C west of a line from Twin Spits to the Port Gamble Millstack - June 27 through September 15.

(e) Area 26A - June 27-September 15, except those waters southerly and westerly of a line between the ferry dock at Mukilteo and the ferry dock at Clinton are closed.

(f) Area 26B - June 27 through September 15, except those waters provided for in WAC 220-20-020(4) (Shilshole Bay) are closed. Those waters west of a line projected 178 degrees true from the end of the Indianola dock to the landfall on the south shore of Port Madison are closed.

(g) Area 26C - Open until further notice, except those waters north of a line projected true east of Point Bolin and those waters west of a line projected 178 degrees true from the end of the Indianola dock to the landfall on the south shore of Port Madison are closed.

(h) Area 26D - June 27 through September 15, except Quartermaster Harbor and those waters south of lines projected from Dash Point to Point Piner on Maury Island and from Point Dalco true west to the Kitsap Peninsula are closed.

(i) Area 28A - June 27 through September 15, except those waters north of a line projected true east of Fox Point on Fox Island, and east of a line projected due north from the northwest tip of Fox Island are closed.

(j) Areas 28B, 28C, and 28D - June 27 through September 15, except those waters provided for in WAC 220-20-010(6) (upper Carr Inlet).

(2) Incidental catch: It is unlawful to retain any shellfish or fish other than bottomfish.

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REPEALER

The following section of the Washington Administrative Code is repealed effective September 16, 2006:


WAC 220-48-02900G Set net -- Dogfish seasons.

Washington State Code Reviser's Office