WSR 08-17-008

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-194 -- Filed August 7, 2008, 1:55 p.m. , effective August 8, 2008, 12:01 a.m. ]


Effective Date of Rule: August 8, 2008, 12:01 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-88C-04000G; and amending WAC 220-88C-040.

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: This rule was adopted by the Pacific Fisheries Management Council and is consistent with the Federal Register, Volume 73, Number 104. The pilchard-directed harvest allocation total for the second seasonal period (July 1 - September 14) is projected to be reached. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 7, 2008.

Loreva M. Preuss

for Jeff Koenings

Director


NEW SECTION
WAC 220-88C-04000G   Coastal pilchard fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-88C-040, effective 12:01 a.m. August 8 through September 14, 2008, it is unlawful to fish for, possess, retain, transport through the waters of the state, or land into any Washington port, pilchard; except pilchard caught incidental to other fisheries may be retained, provided the weight of pilchard does not exceed twenty percent of the weight of the total landing. This rule is established by the National Marine Fisheries Service and published in the Federal Register, Volume 73, Number 104.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. September 15, 2008:


WAC 220-88C-04000G Coastal pilchard fishery -- Seasons and areas.

Washington State Code Reviser's Office