WSR 09-15-118

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-139 -- Filed July 17, 2009, 10:36 a.m. , effective July 17, 2009, 10:36 a.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-48-01500Z; and amending WAC 220-48-015.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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 emergency rule is made at the request of the commercial bottom trawl fishery. Current regulations have the fishery open on Mondays, Tuesdays, Thursdays and Fridays during the open season. While this approach has worked well for many years, the local fish processing plant has ceased operations. This requires vessels to travel further to unload the catch. By allowing four consecutive days of fishing, the economic efficiency of the fishery will be increased. As the fishery is managed by quota, their overall catch will still be maintained within conservation limits. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 17, 2009.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-48-01500Z   Beam trawl and bottom trawl seasons.   Notwithstanding the provisions of WAC 220-48-015, effective immediately through August 31, 2009, it is unlawful to fish for or possess bottomfish for commercial purposes with otter trawl gear in Marine Fish-Shellfish Management and Catch Reporting Area 23C on Fridays, Saturdays and Sundays.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 11:59 p.m. August 31, 2009:


WAC 220-48-01500Z Beam trawl and bottom trawl seasons.

Washington State Code Reviser's Office